Village of Tuxedo Park, NY Chapter 73 Permits and Licenses

[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park 2-21-1990 by L.L. No. 1-1990. Amendments noted where applicable.]

GENERAL REFERENCES

Penalties for offenses — See Ch. 1, § 1-12.

Alarm system permits — See Ch. 29.

Alcoholic beverage permits — See Ch. 30.

Building permits — See Chs. 36 and 100.

Clearing, filling, grading and excavating permits — See Ch. 40.

Fire prevention permits — See Ch. 53.

Garbage collector permits — See Ch. 58.

Sewer connection permits — See Ch. 78.

Street excavation permits — See Ch. 83.

§ 73-1 Form of permits.

There shall be no oral permits or authorizations granted. Village officials shall make their determinations in writing, either through letters, memos, adopted forms or in the text of their minutes. One copy shall be kept on file in the Village Office at all times.

§ 73-2 Responsibilities of permittee.

It shall be the obligation of the permittee to pay any and all appropriate fees, secure his permit or other authorization and be prepared to present that written approval at the entry gate or anywhere else within the Village when requested by a village official, the Police Department, Department of Public Works or a bona fide agent of the Village.

§ 73-3 Nontransferability.

Building permits, licenses, identification stickers, badges and any other form of authorization issued by the Village shall become the sole property of the initial intended recipient and shall not be salable or otherwise transferable under any circumstances.

§ 73-4 Restrictions on issuance of permits.

[Amended 4-22-2009 by L.L. No. 4-2009]

No permits or approvals may be given and no applications may be considered, or placed on any agenda for consideration, by any Village board or official concerning any property that has an outstanding stop-work order or an unresolved violation of the Village Code issued by an appropriate official relating to that property, other than work, actions, or applications designed to remedy such stop-work order or violation if permitted in writing to proceed by the appropriate official.

§ 73-5 Progress of work under permit.

A. All projects involving construction, demolition, renovation, excavation, repair and/or maintenance shall be conducted in an expedient and uninterrupted manner.

B. It shall not be mandatory that the holder of a building permit or other authorization begin his project immediately unless required by the Village for health, safety, welfare or aesthetic purposes. However, any work once begun, whether requiring a permit or not, must be conscientious, continuous and concerted so as to minimize the period of noise, activity and site disruption.

C. Should work slow or cease for a period of 90 days, the Village shall be entitled to revoke the building permit, levy daily fines and/or call the associated bond, letter-of-credit or money security deposit. In emergency situations, such as labor strikes, harsh weather or financial hardship, the property owner or occupant may, before or during that ninety-day period, petition the Board of Trustees for a term of dormancy or a permit extension.

D. Any moneys collected through fines, penalties, assessments, bonds, letters of credit or sacrifice of cash security shall be nonrefundable, regardless of subsequent performance.

§ 73-6 Disaster cleanup extension.

Following a fire, flood, hurricane or other disaster, the affected property owners shall be extended a ninety-day grace period during which to clear and clean up their premises to the Village's satisfaction. In the event of severe hardship, the affected owner may appeal to the Board of Trustees for consideration of a site rehabilitation extension.

§ 73-7 Stop-work orders.

A. The Village reserves the right to issue a stop-work order in any situation that is deemed to violate existing law or threaten health, safety, welfare or the environment.

B. Such stop-work order may be issued and posted by the Building Inspector, Mayor, Board of Trustees, Chief of Police or Public Works Superintendent and shall cite the violation or condition. Stop-work orders shall require the recipient and any associated entities to immediately and safely cease and desist from all such activity cited in that order.

C. It shall be the obligation of the Board of Trustees to expeditiously examine and analyze the said condition and promptly determine the extent of violation or endangerment.

D. The recipient shall, after full compliance with the stop-work order, be granted the right to petition the Board of Trustees with his own testimony, evidence and/or alternative plan of operation.

E. Resumption of any activity subsequent to a stop-work order shall be permitted only upon written authority of the Mayor or Board of Trustees.

§ 73-8 Fees.

Fees for permits and/or licenses issued by the Village shall be set from time to time by resolution of the Board of Trustees.[1]

[1] Editor's Note: The current fee resolutions are on file in the office of the Village Clerk.

§ 73-9 Ultimate authority for permissions granted.

Except as specifically provided elsewhere in this Code, when permission is required from a Village official or officials or such official is authorized to grant an exemption from a requirement therein, the final authority for such permission or exemption is vested in the Board of Trustees.