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 or alteration of any building
or structure or for any use of land, building or structure that would
not be in full compliance with the provisions of this chapter, except
as a lawful nonconforming use and as a beneficiary of a variance.
Any 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.
This chapter shall be enforced by the Building Inspector.
The Board of Trustees may, from time to time, promulgate such regulations
as may be deemed necessary for the proper administration and enforcement
of this chapter. The Building Inspector may at any time call upon
the Village Attorney or any other department head or Trustee of the
Village of Roslyn Harbor who must institute such proceedings, take
such action and give such aid as may be necessary for the adequate
enforcement of this chapter.
C.
The Building Inspector, or the Village's authorized
agents, must at all reasonable times be permitted access to inspect
any buildings, structures, lots or land, whether already erected or
put into use or in course of erection and putting into use, for the
purpose of determining whether or not the provisions of this chapter
are being complied with.
A.
No structure or building shall be erected or structurally
altered or repaired until there has been filed with the Building Inspector
a plan, in duplicate, drawn to scale, showing the actual dimensions,
radii and angles of the lot to be built upon, the exact size and location
of the structure, building or buildings and accessory buildings to
be erected, altered or repaired, together with such information as
may be necessary to determine and provide for the enforcement of this
chapter and to issue a permit therefor by said Building Inspector.
B.
In all districts, the plot plan shall show a separate
lot for each principal building; however, where a development consists
of nonresidential buildings designed and intended to be maintained
in a single ownership, the Building Inspector may waive the requirement
of showing separate lots for each such nonresidential building.
C.
Where a lot is formed from part of a lot already improved,
such formation must be effected in such manner as not to violate any
of the provisions of this chapter, whether related to the then-existing
improvement or to the proposed new improvement.
D.
No building permit shall be issued for any building
or structure upon a lot unless said lot abuts a public or private
street or right-of-way. Said lot shall not contain any portion of
land that is subject to a revocable permit, is rented, or is under
lease for a period less than the useful life of the proposed building
or structure. Furthermore, no building permit shall be issued on any
lot unless the width of such lot, measured between side lines intersecting
the street line, conforms to the provisions of this chapter.
E.
One copy of each of all approved plans shall be returned
to the owner when approved by the Building Inspector, together with
a written permit authorizing the erection of the structure or building,
after payment by said owner of all fees as heretofore or hereafter
determined and prescribed by the Board of Trustees.
F.
The owner's copy of the approved plans and of the
building permit must be kept on the premises for which the permit
has been issued and shall be made available for inspection at all
times when demanded by the Building Inspector or his authorized agents.
A.
Certificate of occupancy for a building.
(1)
A certificate of occupancy shall be issued by the
Building Inspector to the owner or agent of any building erected or
structurally altered, enlarged or rebuilt after the passage of this
chapter upon completion of such building in compliance with all the
provisions of this chapter and of all other local laws of the Village
of Roslyn Harbor that pertain to the construction, occupancy and use
of such buildings.
(2)
A certificate of occupancy issued to the owner or
agent of any building erected or structurally altered, enlarged or
rebuilt in accordance with any variance or variances of the provisions
of this chapter granted by the Zoning Board of Appeals shall include
a detailed description of such variance or variances.
(3)
The owner or agent, or any subsequent owner or agent,
of any building erected, structurally altered, enlarged or rebuilt
after the passage of this chapter, who occupies or permits occupancy
of premises for which he holds no certificate of occupancy, shall
be deemed guilty of a violation of this chapter.
(4)
The owner's copy of the certificate of occupancy must
be shown at all times when demanded by the Building Inspector or his
authorized agents. No certificate of occupancy shall be issued to
any owner or agent or any subsequent owner or agent of any building
which was erected or altered prior to the date of passage of this
chapter in violation of the provisions of the applicable Zoning Code
or Village law, and which does not conform to the provisions of this
chapter and other local laws of the Village of Roslyn Harbor, except
as a legally nonconforming use, lot or structure.
(5)
A certificate of occupancy may continue in effect
as long as such occupancy is in full compliance with the provisions
of this chapter and any requirements made in connection therewith
at the time of issuance thereof. The details of any statement or plan
approved by the Board of Trustees, Planning Board, Zoning Board of
Appeals and the Building Inspector, acting under the terms of this
chapter and all other local laws, and any conditions attached to such
approval, shall be deemed to be such requirements.
B.
A temporary certificate of occupancy for the use of
any land or structure or part thereof for a period not to exceed 60
days may be issued by the Building Inspector upon such terms and conditions
as shall be required by the Building Inspector to ensure compliance
with laws of the State of New York and local laws, rules and regulations
of the Village, and he may require the filing of a performance bond
by the applicant in a sum to be determined by the Building Inspector
for the completion of the building or work or discontinuance of the
use, in such form as shall be approved by the Village Attorney.
A.
For any and every violation of the provisions of this chapter, the owner, agent, contractor, corporation of a building or premises where such violation has been committed or exists and the agent, architect, builder, contractor, corporation, engineer, or other person who knowingly commits, takes part or assists in any violation shall be held liable on conviction thereof to a fine or penalty as provided in Chapter 1, Article I of this Code for each and every offense, and each week that such violation continues following notification by the Village or service of a summons shall constitute a separate offense, punishable in like manner.[1]
B.
In addition to the foregoing remedies, the Village
of Roslyn Harbor, by the Village Attorney, may maintain an action
for an injunction or any other civil remedy to restrain, correct,
or abate any violation of this chapter.
In case any land is used or structure is erected,
constructed, altered or maintained in violation of this chapter, any
regulation made pursuant thereto or any detailed statement or plan
submitted and approved thereunder, in addition to other lawful remedies
any appropriate action or proceedings may be instituted to prevent
such unlawful use, erection, construction, alteration or maintenance,
to restrain, correct or abate such violation, to prevent the occupancy
of such structure or land or to prevent any illegal act, conduct,
business or use in or about such premises. Whenever the Building Inspector
has reasonable grounds to believe that work on any structure is being
prosecuted in violation of the provisions of this chapter, or not
in conformity with any regulation made pursuant thereto or not in
compliance with any detailed statement or plan submitted and approved
thereunder, or in an unsafe and dangerous manner, he may issue a stop-work
order.
Whenever any application is made for a variance,
special use permit or building permit, the Building Inspector shall
cause an inspection to be made of the property and any improvements
thereon for which the application is made. Such inspection shall be
made for the purpose of determining what violations, if any, of the
Building Code and this chapter of the Village of Roslyn Harbor exist
with respect to such property or improvements at the time such application
is made. Prior to any such application being considered by the Zoning
Board of Appeals, the Planning Board, or Board of Trustees, the Building
Inspector shall submit to such Board the results of such inspection.
In granting any application for a variance, special use permit or
building permit, such application may be conditioned upon the removal
or correction of any existing violations on or against the property
and improvements which are the subject of the application.
