A.
No board, agency, officer or employee of the Village
shall issue, grant or approve any permit, license, certificate or
other authorization for any construction, reconstruction, alteration,
enlargement or moving of any building or structure or for any use
of land or building that would not be in full compliance with the
provisions of this chapter. Any such permit, license, certificate
or other authorization issued, granted or approved in violation of
the provisions of this chapter shall be null and void and of no effect,
without the necessity of any proceedings for revocation or nullification
thereof.
B.
The Building Inspector, the police or any other persons
duly authorized by the Board of Trustees shall have the duty, and
they are hereby given the authority, to enforce the provisions of
this chapter. The Building Inspector, the police or any other person
authorized by the Board of Trustees shall have the authority, as permitted
and in full accordance with all lawful procedures, to enter any building
or premises at any reasonable hour to discharge his duties and to
issue appearance tickets for violations of this chapter.
[Amended 6-23-1982 by L.L. No. 2-1982]
A.
No building or structure shall be erected, enlarged, altered or moved until a permit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals, under circumstances set forth in § 195-39B(3), no building permit or certificate of occupancy shall be issued for any building or structure where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter. An accessory building which is less than 100 square feet in floor area and to be used for storage purposes only shall be exempt from this section.
[Amended 7-15-2003 by L.L. No. 4-2003]
B.
There shall be submitted with all applications for
building permits, except those for signs, two copies of a layout or
plot plan drawn to scale, showing the actual shape and dimensions
of the lot to be built upon, the exact size and location on the lot
of the building and accessory buildings existing and the lines within
which the building or structure shall be erected or altered, the existing
and intended use of each building or part of the building and such
other information with regard to the lot and neighboring lots that
may be necessary to determine and provide for the enforcement of this
chapter. One copy of such plan shall be returned to the owner when
such plans shall have been approved by the Building Inspector. All
dimensions shown on this plan relating to the location and size of
the lot to be built upon shall be based on an actual survey, and the
lot shall be staked out on the ground before construction is started
so that the Building Inspector may determine by measurement in the
field that the yard requirements for the district in which the use
is located have been met.
C.
A building permit shall be void if construction is
not started within a period of 12 months or not completed within a
period of two years of the date of said permit.
E.
Any building, extension or alteration for which a
permit has been duly granted, the construction of which has been started
before the effective date of this chapter or of an amendment thereto,
and the ground story framework of which, including the second tier
of beams, has been completed within one year after the adoption of
this chapter or amendment thereto, may be completed in accordance
with plans on file with the Building Inspector, provided that such
construction is diligently prosecuted and the building is completed
within two years of the adoption of this chapter or an amendment thereto.
If any of the requirements shall not have been fulfilled within the
prescribed period, or if the building operations are discontinued
for a period of six months, any other construction shall be in conformity
with the provisions of this chapter.
F.
Whenever the Village Board, by resolution, authorizes
a public hearing on a proposed amendment to this chapter, and for
a period of 60 days following the date of such resolution, no building
or structure shall be erected, enlarged or altered and no permit shall
be issued for the erection, enlargement or alteration of any building
or structure or for the occupancy of any land or building in any manner
that would be contrary to the provisions of the proposed amendment.
G.
The Building Inspector shall not issue a building
permit without obtaining from the applicant either:
[Amended 7-18-2000 by L.L. No. 3-2000]
(1)
Proof duly subscribed that workers' compensation insurance
and disability benefits coverage issued by an insurance carrier in
a form satisfactory to the Chair of the Workers' Compensation Board
as provided for in § 57 of the Workers' Compensation Law
is effective; or
(2)
An affidavit that such applicant has not engaged an
employer or any employees as those terms are defined in § 2
of the Workers' Compensation Law to perform work relating to such
building permit.
A.
It shall be unlawful for an owner to use or permit
the use of any building or premises, or parts thereof, hereinafter
created, erected, changed, converted or enlarged, wholly or partly,
in its use or structure until a certificate of occupancy shall have
been issued by the Building Inspector. Such certificate shall state
that such building or premises, or part thereof, and the proposed
use thereof are in complete conformity with the provisions of this
chapter. It shall be the duty of the Building Inspector to issue a
certificate of occupancy, provided that the building and the proposed
use of the building or premises conform to all the requirements herein
set forth. A certificate of occupancy shall be applied for coincident
with an application for a building permit.
B.
Under such rules and regulations as may be established
by the Village Board, a temporary certificate of occupancy for part
of a building may be issued.
C.
A certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies and shall continue in effect
as long as such building and the use thereof or of such land is in
full conformity with the provisions of this chapter and any requirements
made pursuant thereto.
D.
A copy of a certificate of occupancy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon request from the owner, and by payment by him to the Village of a fee as provided in Chapter 64, Fees and Deposits, the Building Inspector shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conforms to the provisions of this chapter.
[Amended 7-18-2000 by L.L. No. 3-2000]
[Amended 6-23-1982 by L.L. No. 2-1982; 11-8-1986 by L.L. No.
2-1986]
A.
Any owner, lessee, contractor, agent, including real
estate agent or broker, or individual, whether person, partnership
or corporation, shall be guilty of an offense if he:
(1)
Occupies, uses or maintains, or causes or permits
to be occupied, used or maintained, or erects, enlarges, alters or
converts, or causes or permits to be erected, enlarged, altered or
converted, any building, structure or part thereof or any land in
the Village except in conformity with the provisions of this chapter
or a decision of the Board of Appeals or Planning Board; or
(2)
In any manner violates, or allows, causes, permits,
takes part in or assists in a violation of, any provision of this
chapter, including illegal rentals, or of any regulation, order or
ruling promulgated hereunder.
B.
A person convicted of an offense shall be guilty of
a violation as defined in the Penal Law.
C.
A violation of two or more sections of this chapter,
or provisions within a section, shall be separate and distinct offenses
for which a fine may be levied.
D.
Each and every week a violation exists or continues
shall constitute a separate and distinct violation, conviction for
which shall be an additional offense.
E.
Each violation of this chapter shall be punishable
by:
(1)
A fine not to exceed $350 or a term of imprisonment
not to exceed five days, or both, for a conviction of a first offense.
(2)
A fine not to exceed $700, but not less than $350,
or a term of imprisonment not to exceed 10 days, or both, for the
conviction of a second offense both of which were committed within
a five-year period.
(3)
A fine not to exceed $1,000, but not less than $700,
or a term of imprisonment not to exceed 15 days, or both, for the
conviction of a third or subsequent offense all of which were committed
within a five-year period.
F.
If any person fails to abate any such violation of
this chapter within five calendar days after written notice has been
served personally upon said person, or within 10 days after written
notice has been sent to said person by certified mail at said person's
home or business address, said person shall be subject to a civil
penalty of $250 for each and every day that said violation continues,
recoverable by suit brought by the Village.
G.
Any violation of this chapter may be enjoined pursuant
to law.
H.
The remedies provided for herein shall be cumulative
and shall be in addition to any other remedies provided by law, including
injunctive relief.
A.
Organization. A Board of Appeals, as heretofore established
by the Village Board, is hereby maintained.
B.
Powers and duties.
(1)
General. The Board of Appeals shall have all the powers
and duties prescribed by the Village Law and by this chapter, which
powers and duties are summarized and more particularly specified as
follows, provided that none of the following subsections shall be
deemed to limit any of the power of the Board of Appeals that is conferred
by the Village Law.
(2)
Interpretation and referral. On appeal from an order, requirement, decision or determination made by an administrative official or on request from any official or agency of the Village, the Board of Appeals shall have authority to decide any question involving the interpretation of any provision of this chapter, including determination of the exact application of the rules specified in § 195-6. The Board of Appeals is authorized and empowered to hear and decide all applications for permits involving any use subject to specific standards referred to it under § 195-16B hereof.
(3)
Variances. The Board of Appeals shall have the power
to grant use and area variances, as defined in § 7-712 of
the Village Law, in accordance with the procedures established in
§ 7-712-b of the Village Law.
[Amended 7-18-2000 by L.L. No. 3-2000]
(4)
Permits for certain signs. In accordance with Article V, Signs, the Board of Appeals may authorize the issuance of permits for certain signs in districts in which such signs are permitted.
(5)
Conditions and safeguards. In all cases where the
Board of Appeals authorizes the issuance of a building permit or occupancy
permit under any of the above powers, it shall be the duty of said
Board to impose such conditions and safeguards as may be required
to protect the public health, safety, morals and general welfare.
C.
Appeals, how taken to Board of Appeals. All appeals
and applications to the Board of Appeals shall be taken in the manner
prescribed by law and within such time as shall be prescribed by the
Board of Appeals by general rule. All such appeals and applications
shall be in writing on forms prescribed by the Board, and each appeal
or application shall fully set forth the circumstances of the case.
Every appeal or application shall refer to the specific provision
of this chapter involved and shall exactly set forth, as the case
may be, the interpretation that is claimed, the details of the adjustment
that is applied for and the grounds for which it is claimed that the
same should be granted or the use for which a permit is sought. Every
decision of the Board of Appeals shall be recorded in accordance with
standard forms adopted by the Board and shall fully set forth the
circumstances of the case and the findings on which the decision was
based.
D.
Court review, how taken on Board of Appeals actions.
Any person or persons jointly or severally aggrieved by any decision
of the Board of Appeals or any officer, department, board or bureau
of the Village may apply to the Supreme Court for relief in the manner
provided for by law.
[Amended 11-20-1969 by L.L. No. 1-1969]
A.
Applicants for the issuance of a permit by the Building Inspector for a use subject to additional standards, site plan of development approval by the Planning Board or application to the Board of Appeals shall pay to the Village a fee determined by Chapter 64, Fees and Deposits.
B.
In the case of an application for the extension or
renewal of any previously authorized permit for a use subject to additional
standards, the fee for such extension or renewal shall be 1/2 the
amount required for the original permit.
The Board of Trustees may from time to time,
either on its own motion or on petition, after public notice and hearing,
amend, supplement, change, modify or repeal the regulations, restrictions
and boundaries herein established pursuant to the provisions of the
Village Law of the State of New York, as amended from time to time.
