In enforcing the provisions of this chapter, they shall be held
to the minimum requirements for the promotion of the public safety,
convenience, prosperity and general welfare for the Village.
A. Code Enforcement Officer.
(1) The provisions of this chapter shall be administered and enforced
by the Code Enforcement Officer appointed by the Village Board, who
shall have the power to make inspections of buildings or premises
necessary to carry out his duties in the enforcement of this chapter.
(2) It shall be the duty of the Code Enforcement Officer to keep a record
of all applications for permits and a record of all permits issued
with a notation of all special conditions involved. He shall file
and safely keep copies of all plans submitted and the same shall form
a part of the records of his office and shall be available for use
of the Village and other officials. The Code Enforcement Officer shall
not issue a permit for the construction of any building or use of
any property unless such building or use conforms to all other ordinances
of the Village, all applicable regulations of the county and all laws
of the state.
B. Zoning permit.
(1) Requirement. It shall be unlawful to commence the excavation for
or the construction of any building or structure, including accessory
buildings, or to commence the moving or alteration of any building
or structure, including accessory buildings, until the Code Enforcement
Officer has issued a permit for such work.
(2) Demolition permit. Demolition permits shall be as per the New York
State Code of Rules and Regulations. Planning Board approval shall
be required.
(3) Application for permit. In applying to the Code Enforcement Officer
for a zoning permit, the applicant shall submit specifications and
a dimensioned plan, to scale, indicating the shape, size, height and
location in exact relation to all property lines and to street or
road lines of all buildings or structures to be erected, altered or
moved and of any building or structure already on the lot. This plan
shall be accompanied by a written statement from a qualified engineer
or other satisfactory evidence, to the effect that the line of the
bounding street or road has been accurately located and staked on
the ground. If the application involves a change in use that does
not affect alteration of the exterior of a building, a change in the
size or location of signage or an increase in parking, the Code Enforcement
Officer may waive the plot plan requirements. The applicant shall,
in any case, state the existing or intended occupancy and use of all
such buildings and land and supply other information as may be required
by the Code Enforcement Officer to ensure that the provisions of this
chapter are being observed.
(4) Issuance. If the proposed excavation or construction or alteration
or moving as set forth in the application is in conformity with the
provisions of this chapter and other ordinances of the Village then
in force, the Code Enforcement Officer shall issue a permit for such
excavation, construction, alteration or moving.
(5) Refusal. If a zoning permit is refused, the Code Enforcement Officer
shall state such refusal, in writing, with the cause and shall immediately
mail notice of such refusal to the applicant at the address indicated
on the application.
(6) Effect. The issuance of a permit shall in no case be construed as
waiving any provision of this chapter.
(7) Term. A zoning permit shall become void six months from the date
of issuance unless substantial progress has been made since that date
on the project described therein; provided, however, that the zoning
permit may be renewed for an additional six months upon application
therefor without the payment of an additional fee.
C. Certificate of occupancy.
(1) Requirement. No land or building or other structure or part thereof
hereafter erected or altered in its use or building or structure shall
be used or occupied until the Code Enforcement Officer shall have
issued a certificate of occupancy stating that such land, building,
structure or part thereof and the proposed occupancy or use thereof
are found to be in conformity with the provisions of this chapter.
(2) Issuance. Within five days after notification that a building or
structure or premises or part thereof is ready for occupancy or use,
it shall be the duty of the Code Enforcement Officer to make a final
inspection thereof and issue a certificate of occupancy if the land,
building, structure or part thereof is found to conform with the provisions
of this chapter.
(3) Refusal. If the Code Enforcement Officer after such final inspection
refuses to issue a certificate of occupancy, he shall state such refusal,
in writing, with the cause, and immediately thereupon mail notice
of such refusal to the applicant at the address indicated on the application.
D. Sign permit.
(1) Application for permit shall be made by completion of appropriate
forms provided by the Village's Code Enforcement Officer.
(2) The applicant shall furnish a properly scaled drawing showing construction
details of the sign, including the lettering and design matter on
the sign, sign colors, sign height type and position of lighting;
and a location plan showing the position of all signs in relation
to building, streets or sidewalks, including the location of any other
sign or signs on the property.
(3) The applicant shall provide some written consent of the owner of
the building, structure or land or an authorized representative on
which the sign is to be erected in the event that the applicant is
not the owner.
(4) It shall be the duty of the Code Enforcement Officer to send to the
Planning Board, for review and examination, such plans, specifications
and other data submitted, and the Planning Board shall confirm that
they are in compliance with all requirements of the Village's ordinances.
Upon approval by the Planning Board, the Code Enforcement Officer
shall then issue a permit for the erection of the proposed sign. In
the event that plans submitted do not meet requirements of local laws
and ordinances of the Village of Red Hook, the Code Enforcement Officer
shall notify the applicant, in writing, of the reason for refusal
to issue said permit.
(5) If an authorized sign is not erected within six months of the date
the sign permit is granted, the permit shall become null and void
and new application must be made.
(6) If the erection, movement or alteration of a sign is undertaken as
part of a site development that is subject to site plan review, then
the approval of that site plan shall include the issuance of an appropriate
sign permit.
The regulations, restrictions and boundaries established by
this chapter may, from time to time, be amended, supplemented, changed
or repealed in accordance with the procedures provided in the Municipal
Home Rule Law. The applicable provisions of Article 12-B of the General
Municipal Law shall be followed in appropriate cases.