A.
No building in any district shall be erected, reconstructed or restored or structurally altered without a building permit duly issued upon application to the Code Enforcement Officer and payment of the required fee. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceedings or revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful. All procedures with respect to applications for and issuance of building permits shall be in conformity with the provisions of this chapter and with the provisions of Chapter 58 entitled "Building Construction."
[Amended 11-28-1983 by L.L. No. 4-1983]
B.
An application for a building permit shall contain the following
information and be accompanied by the required fee and by a plot plan
(for a use not requiring site plan approval), drawn to scale and signed
by the person responsible for such drawing. If no such plot plan is
available, a survey, prepared by a licensed engineer or land surveyor,
is required.
(1)
The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected or of the lot on which
it is situated, if an existing building.
(2)
The section, block and lot numbers as they appear on the latest tax
records.
(3)
The exact size and location on the lot of the proposed building or
buildings or alteration of an existing building and of other existing
buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject building and
the distances between such building and any other existing buildings
on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed,
the use of land and the number of dwelling units the building is designed
to accommodate.
(6)
Such topographic or other information with regard to the building,
the lot or neighboring lots as may be necessary to determine that
the proposed construction will conform to the provisions of this chapter.
C.
No building permit shall be issued for the construction or structural
alteration of any building upon a lot without access to a street or
highway as stipulated in § 7-736 of the Village Law.
D.
No building permit shall be issued for the construction or structural
alteration of any building with a total floor area of more than 800
square feet unless the plans and specifications are prepared by and
stamped with the seal of a registered architect or a licensed professional
engineer in New York State.
E.
No building permit shall be issued for a lot in a major subdivision
requiring approval by the Planning Board unless the subdivision map
has been properly filed in the office of the County Clerk.
F.
No building permit shall be issued for any building where the site
plan of such building is subject to approval by the Planning Board,
except in conformity with the plans approved by the said Board.
G.
The building permit application and all supporting documentation
shall be made in triplicate. On the issuance of a building permit,
the Code Enforcement Officer shall return one copy of all filed documents
to the applicant.
[Amended 11-28-1983 by L.L. No. 4-1983]
H.
The Code Enforcement Officer shall, within 10 days after the filing
of a complete and properly prepared application, either issue or deny
a building permit. If a building permit is denied, the Code Enforcement
Officer shall state, in writing, to the applicant the reasons for
such denial within five days of such motion.
[Amended 11-28-1983 by L.L. No. 4-1983]
I.
Every building permit shall expire if the work authorized has not
commenced within six months after the date of issuance or has not
been completed within 18 months from such date for construction costing
less than $1,000,000 and has not been completed within 30 months from
such date for construction costing in excess of such amount. If no
zoning amendments or other codes or regulations affecting the subject
property have been enacted in the interim, the Code Enforcement Officer
may authorize, in writing, the extension of either of the above periods
for an additional six months, following which no further work is to
be undertaken without a new building permit.
[Amended 11-28-1983 by L.L. No. 4-1983]
J.
As soon as the foundation of a building or of any addition to an
existing building is completed, and before first-story framing or
wall construction is begun, there shall be filed with the Code Enforcement
Officer an accurate survey signed by the person responsible for said
survey, showing the exact location of such foundation with respect
to the street and property lines of the lot.
[Amended 11-28-1983 by L.L. No. 4-1983]
A.
The following shall be unlawful until a certificate of occupancy
shall have been applied for and issued by the Code Enforcement Officer:
[Amended 11-28-1983 by L.L. No. 4-1983]
B.
No certificate of occupancy shall be issued for any land or use requiring
site plan approval by the Planning Board unless and until such site
plan approval has been duly granted. Every certificate of occupancy
for which site plan approval has been granted, or in connection with
which a variance has been granted by the Board of Appeals, shall contain
a detailed statement of any condition to which the same is subject.
C.
Application for a certificate of occupancy for a new building or
for an existing building which has been altered shall be made on forms
furnished by the Code Enforcement Officer, after erection of such
building or part thereof has been completed in conformity with the
approved building plans and specifications. In the case of a new building,
such application shall be accompanied by an accurate plot plan or,
if not available, by a survey prepared by a licensed land surveyor
or engineer showing the location of all buildings as built. Such certificate
shall be issued within 10 days after receipt of the properly completed
application, but only provided that the application states that all
requirements of all other applicable codes or ordinances in effect
are complied with.
[Amended 11-28-1983 by L.L. No. 4-1983]
D.
If the proposed use is in conformity with the provisions of this
chapter and of all other applicable codes and ordinances, a certificate
of occupancy for the use of vacant land or for a change of use of
a nonconforming use shall be issued by the Code Enforcement Officer
within 10 days after receipt of a properly completed application.
If a certificate of occupancy is denied, the Code Enforcement Officer
shall state the reasons, in writing, to the applicant.
[Amended 11-28-1983 by L.L. No. 4-1983]
E.
Every application for a certificate of occupancy shall be accompanied
by the required fee.
F.
A certificate of occupancy shall be deemed to authorize, and is required
for, both initial occupancy and the continuance and use of the building
or land to which it applies.
G.
Upon written request by the owner, and upon payment of the required
fee, the Code Enforcement Officer shall, after inspection, issue a
certificate of occupancy for any building or use thereof or of land
existing at the time of the adoption of this chapter, certifying such
use, including the number of employees, and whether or not the same
and the building conform to the provisions of this chapter.
[Amended 11-28-1983 by L.L. No. 4-1983]
H.
A record of all certificates of occupancy shall be kept in the office
of the Code Enforcement Officer, and copies shall be furnished on
request to any agency of the Village or to any persons having a proprietary
or tenancy interest in the building or land affected.
[Amended 11-28-1983 by L.L. No. 4-1983]
[Amended 11-28-1983 by L.L. No. 4-1983]
A.
It shall be the duty of the Code Enforcement Officer, who shall be
appointed by the Village Board, to enforce the provisions of this
chapter and of all rules, conditions and requirements adopted or specified
pursuant thereto.
B.
The Code Enforcement Officer, or his duly authorized assistant(s),
shall have the right to enter any building or enter upon any land
at any reasonable hour as necessary in the execution of their duties,
provided that:
(1)
The Code Enforcement Officer shall notify the owner and tenant before
conducting any inspection.
(2)
The Code Enforcement Officer, or his duly authorized assistant(s),
shall display identification signed by the Mayor upon commencing an
inspection.
(3)
Inspections shall be commenced in the presence of the owner or his
representative or tenant.
C.
The Code Enforcement Officer shall maintain files, open to the public,
of all applications for certificates of occupancy and building permits
along with plans submitted therewith, as well as final certificates
and permits.
D.
The Code Enforcement Officer shall also maintain records, open to
the public, of every complaint of a violation of the provisions of
this chapter as well as action taken as a result of such complaints.
E.
The Code Enforcement Officer shall submit to the Village Board, for
insertion in the Board minutes, a written report summarizing for the
month all building permits and certificates of occupancy issued by
him as well as complaints of violations and action taken as a result
of such complaints.
F.
The Code Enforcement Officer shall coordinate his activities with
the activities of other applicable Village agencies, such as Public
Works, Village Engineer and Village Attorney.
A.
Pursuant to § 7-714 of the Village Law, violation of any
provision or requirement of this chapter or violation of any statement,
plan, application, permit or certificate approved under the provisions
of this chapter shall be considered an offense punishable by a fine
of not more than $100 and/or imprisonment for not more than 10 days
for each offense.
B.
The owner, general agent or contractor of a building, premises or
part thereof where such a violation has been committed or does exist
shall be guilty of such an offense.
C.
Any agent, contractor, architect, builder, corporation or other person
who commits, takes part in or assists in such violation shall also
be guilty of such an offense.
D.
Each week's continued violation shall constitute a separate
additional violation. Such period shall be deemed to have begun 10
days after written notice, evidenced by postmark or certification
of service, by the Code Enforcement Officer, setting forth the applicable
regulations and the elements of the offense, such notice to be by
certified mail, return receipt requested, or by personal service.
[Amended 11-28-1983 by L.L. No. 4-1983]
E.
The imposition of penalties herein prescribed shall not preclude
the Village or any person from instituting appropriate legal action
or proceeding to prevent an unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use or to restrain,
correct or abate a violation or to prevent the illegal occupancy of
a building, land or premises.
[Added 11-28-1983 by L.L. No. 4-1983]
A.
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with Chapter 58, Building Construction, or any rules or regulations adopted or issued thereunder, or any other provisions of law or ordinance or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter. 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 when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
B.
Whenever the provisions of any other law or ordinance or regulation
impose a greater restriction than this chapter, the provisions of
such other law or ordinance or regulation shall control.
