[Amended 9-10-1973; 7-7-1987 by L.L. No. 7-1987; 6-16-1980 by L.L. No. 3-1980; 7-3-1990 by L.L. No. 6-1990; 7-7-1992 by L.L. No. 4-1992; 8-16-1994 by L.L. No. 11-1994; 3-23-2010 by L.L. No. 6-2010]
A. 
This chapter shall be enforced by the Building Inspector, who shall be appointed by the Village Board of Trustees. No building permit or certificate of occupancy shall be issued by him except where all provisions of this chapter have been complied with.
B. 
No other officer, board, agency, or employee of the Village of Sleepy Hollow shall issue, grant, or approve any permit, certificate or other authorization for any erection of any building, structure or for any use of any land or building, except special permits issued by the Mayor and Board of Trustees in accordance with the provisions of this chapter. Any such permit, certificate or other authorization issued, granted or approved in violation of any provisions of this chapter shall be null and void and of no effect, without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, certificate or authorization shall be unlawful, and no action shall be taken by any officer, board, agency or employee of the Village of Sleepy Hollow, including the Board of Appeals, to validate any such violations.
[Amended 1-22-2013 by L.L. No. 1-2013]
A. 
Powers and duties. The Building Inspector is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall examine all applications for permits and shall issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and for nonconforming uses and buildings existing at the time of passage of this chapter.
B. 
Records to be kept. The Building Inspector shall maintain files of all applications and plans to him and of all permits and certificates of occupancy issued by him and shall maintain records of all actions taken by him pursuant to such applications. He shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent on such complaint.
C. 
Reports. The Building Inspector shall report to the governing body annually, summarizing for the period since his last previous report all applications approved by him all permits and certificates of occupancy issued by him and all complaints of violation made to him and the action taken by him thereon. A copy of each such report shall be filed with the Planning Board at the same time that it is filed with the governing body. The Building Inspector shall also make such reports to the Board of Appeals and the Planning Board as may be required.
In addition to the requirements of Chapter 145, Building Construction, § 145-20, of this Code, no person shall erect, alter or convert any structure or building or part thereof, or alter the use of any land, subsequent to the adoption of this chapter, until a building permit has been issued by the Building Inspector.
A. 
The procedures and requirements for filing and obtaining a building permit shall conform to the requirements of Chapter 145, Building Construction, § 145-20, of this Code.
B. 
Denial of permits. If the Building Inspector determines that the plans as submitted fail to satisfy the requirements of this chapter, he shall refuse to issue a building permit. The applicant may then apply to the Board of Appeals for the reversal of the decision of the Building Inspector as provided in Article XIII of this chapter.
C. 
Revocation of permits. If it shall appear at any time to the Building Inspector that the application or accompanying plan is in any respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Building Inspector. After the building permit has been revoked, the Building Inspector may, in his discretion, before issuing a new building permit, require the applicant to file an indemnity bond in favor of the Village, with sufficient surety conditioned for compliance with this chapter and all laws then in force and in a sum to cover the cost of removing the structure if it does not so comply.
A. 
Certificates of occupancy required.
(1) 
No land shall be occupied or used and no building hereafter erected, altered or extended shall be occupied, used or changed in use in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector, stating that the structure or use complies with all the provisions of this chapter.
(2) 
Upon the sale or transfer of any improved real property, excluding single- and two-family homes, an updated certificate of occupancy, issued no earlier than 60 days before closing, shall be required before the premises may be used or occupied. It shall be the obligation of the seller to apply for and obtain the updated certificate of occupancy.
[Amended 1-22-2013 by L.L. No. 1-2013; 7-22-2014 by L.L. No. 5-2014]
B. 
The procedures and requirements for filing and issuance of a certificate of occupancy shall conform to the requirements of Chapter 145, Building Construction, § 145-23, of this Code and:
(1) 
A certificate of occupancy shall be issued within 10 days after the Building Inspector determines that the structure or use, as completed, is in full conformity with the provisions of this chapter and other applicable codes and laws, including but not limited to the New York State Uniform Fire Prevention and Building Code, Electrical Code, Plumbing Code, Sanitary Code and Housing Code.
(2) 
Certificates of occupancy for nonconforming uses. A certificate of occupancy shall be issued, upon application and after inspection, to any nonconforming use which complies with the requirements of other applicable codes and laws. However, no nonconforming use shall be renewed, or extended, without a new certificate of occupancy therefor having been issued by the Building Inspector.
C. 
Penalties for offenses. No prior written notice of violation or request to cure shall be required to enforce the provisions of this section. For any such violation, the owner, general agent or contractor of a building or premises or part thereof where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation, shall be subject to a penalty of not less than $5,000 nor more than $10,000 for the first day of each such violation and no less than $1,000 nor more than $5,000 for each and every day that any such violation continues thereafter to exist. In addition to the fines and penalties set forth herein, a party convicted of a violation of this chapter shall pay all costs and expenses incurred by the Village in determining such violation.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of the law or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of premises or buildings, upon the height or bulk of buildings, or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law, or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.