Village of Red Hook, NY Administration and Enforcement Procedure

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.

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.

Zoning permit.

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.

Demolition permit. Demolition permits shall be as per the New York State Code of Rules and Regulations. Planning Board approval shall be required.

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.

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.

Certificate of occupancy.

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.

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.

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.

Sign permit.

Application for permit shall be made by completion of appropriate forms provided by the Village's Code Enforcement Officer.

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.

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.

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.

§ 200-50 Board of Appeals; creation, powers and duties.

Creation, composition and appointment.

Creation. A Board of Appeals is hereby established.

Composition. The Board of Appeals shall consist of five members.

Appointment. The Board of Trustees of the Village shall appoint the members of the Board of Appeals and shall designate its Chairman. No person who is a member of the Village Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment. Their successors shall be appointed for the term of five years from and after the expiration of the term of their predecessors in office.

Removal. The Board of Trustees shall have the power to remove any member of the Board for cause, after a public hearing.

(5)

Vacancies. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.

General procedures.

Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. All meetings of such Board shall be open to the public.

Oaths. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.

Minutes. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and with the Village Clerk and shall be a public record.

Powers. The Board of Appeals shall have the following powers:

Interpretation. To hear and decide appeals from aggrieved parties regarding the interpretation or application of this chapter or to hear and decide upon inquiries from any party to clarify or interpret certain provisions of this chapter. A concurring vote of a majority of the members of the Board shall be necessary to make a determination or to decide in favor of the applicant.

Variance.

(a)

To hear applications for variance from the terms of this chapter as will not be contrary to public interest where, owing to unique conditions, a literal enforcement of the provisions of this chapter, will result in unnecessary hardship, while adhering to the spirit of this chapter and doing substantial justice. Financial disadvantage to the property owner is no proof of hardship within the purpose of zoning. Hardship must be unique and must arise from either a natural or man-made condition of the land upon which a use not in conformance with the literal terms of this chapter is proposed. Specifically, no variance shall be granted by the Board of Appeals unless:

[1]

It finds that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building for which such variance is sought; that the granting of the variance is necessary for the reasonable use of such property; and that the variance granted the Board is the minimum variance that will accomplish this purpose;

[2]

It finds that there are special circumstances or conditions applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the vicinity or neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter; and

[3]

It finds that the granting of the variance will be in harmony with the general purpose of this chapter, will not be injurious to the neighborhood and will not alter the essential character of the locality.

(b)

In granting a variance, the Board of Appeals may prescribe appropriate conditions or safeguards that are necessary or desirable to carry out the requirements of this section.

(c)

The concurring vote of a majority of the members of the Board of Appeals shall be necessary to grant a variance.

(d)

The Zoning Board may refer any request for variance from the terms of this chapter to the Planning Board for an advisory report. Such report shall be limited to those site plan considerations specified in § 200-16C relating to the subject proposal. The Zoning Board of Appeals cannot take final action until receipt of such report from the Planning Board or until after the passage of 30 days from such referral. In the event that the Planning Board does make a report on the matter, the entire report is to be read at the meeting at which the request for variance is considered by the Board of Appeals and is to be included in the minutes of the meeting.

Reference to Dutchess County Planning Department. In accordance with the policy and procedures provided for by §§ 239-l and 239-m of the General Municipal Law, any proposed special permit or variance affecting real property within 500 feet of the boundary of the Village of Red Hook or from the boundary of any existing or proposed county or state park or other recreational area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines or from the existing or proposed boundary of any state-owned land on which a public building or institution is situated shall be referred to the Dutchess County Planning Department. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways are shown on a County Plan of Dutchess County adopted pursuant to § 239-d, Subdivision 2, of the General Municipal Law or adopted as an Official Map of Dutchess County pursuant to § 239-g of the General Municipal Law. If the Dutchess County Planning Department fails to report within 30 days after receipt of a full statement of such referred material, the Board of Appeals may act without such report. If the Dutchess County Planning Department disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reasons for the contrary action.

Special procedures relative to request for interpretation or appeal for variance.

Application for variance. Application for variance shall be made to the Code Enforcement Officer. Upon his determination that a permit cannot be issued without action by the Board of Appeals, he shall, within five days of receipt, transmit such application to the Board of Appeals for necessary action.

Application for interpretation. Application for interpretation shall be made to the Code Enforcement Officer. The Code Enforcement Officer shall, within five days of receipt, transmit all papers constituting the record upon which the appeal or inquiry is based to the Board of Appeals.

Time of appeal. Notice of appeal shall be filed within 60 days from the date upon which the notice of refusal of the zoning permit is mailed by the Code Enforcement Officer. Failure to file notice of appeal within 60 days shall constitute a waiver of the right to appeal.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Code Enforcement Officer and on due cause shown.

Hearing; notice; public notice; notice to property owners; decision and costs.

Hearing. The Board of Appeals shall fix a reasonable time for the hearing of any application for variance or the hearing of an interpretation.

Notice. The Board of Appeals shall give due notice to the parties. Notice of an application for an interpretation or variance shall also be given by registered mail at least 10 days prior to the date of the hearing to all persons, firms or corporations owning property or residing within 200 feet of the location of the property upon which its use is proposed to be established.

Decisions and costs. Upon the hearing, any party may appear in person or by agent or by attorney, and the Board of Appeals shall decide the application for variance or request for interpretation within 62 days after the final hearing, as provided by the Village Law. All costs of such publication and notice shall be paid by the applicant.

Provisions of appeal. If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 200-49B(7). Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and such permission, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals.

Scope. In exercising the above-mentioned power, such Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have the powers of the officer from whom the appeal is taken. Notice of such decision shall be given forthwith to all parties in interest.

Recourse. 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 by a proceeding under Article 78 of the Civil Practice Law and Rules, and:

It must be instituted within 30 days after the filing of a decision in the office of the Village Clerk;

The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact and conclusions of law if it shall appear that testimony is necessary for the proper disposition of the matter; and

The court at special term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination.

§ 200-51 Remedies; penalties for offenses.

Remedies. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this chapter, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate actions or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

Penalties for offenses.

As may be provided by the Village Law, any person, firm or corporation who violates, disobeys, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.