In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of public safety, convenience and general welfare.
[Amended 4-18-1994 by L.L. No. 3-1994]
The provisions of this chapter shall be enforced by the Code
Enforcement Officer. 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 plans submitted, and
the same shall form a part of the records of the Code Enforcement
Officer's office and shall be available for the use of the Board of
Trustees and other officials of the Village of Baldwinsville.
[Amended 4-18-1994 by L.L. No. 3-1994]
A. Building permits shall hereafter be secured from the Code Enforcement
Officer prior to construction, erection or alteration of any building
or part of a building, and prior to the construction or erection of
any stationary sign or billboard. All requests for building permits
shall be made, in writing, by the owner or by his authorized agent
and shall include a statement of intended use of the building or structure
after construction, erection or alteration, and shall be accompanied
by:
(1) A plan drawn to scale, showing the proposed building in its exact
relation to lot and street lines; and
(2) A survey signed by a registered engineer or surveyor, or other satisfactory
evidence, to the effect that the line or lines of the bounding street
or streets has or have been accurately located on the ground.
B. A building permit issued in accordance with the Building Code (as
adopted by the Village of Baldwinsville) shall upon satisfaction of all the requirements of this
chapter, serve the purposes of a building permit as required above.
[Amended 4-18-1994 by L.L. No. 3-1994]
No building hereafter constructed, erected or altered shall
be occupied or used in whole or in part for any use whatsoever, and
no change of use of any building or part thereof or of any land shall
hereafter be made, until an occupancy permit has been issued by the
Code Enforcement Officer, certifying that the building or use complies
with the provisions of this chapter. An occupancy permit shall be
granted or denied within 10 days from date of written application
therefor.
[Amended 4-18-1994 by L.L. No. 3-1994; 1-4-2018 by L.L. No. 2-2018]
A. Creation of Board of Appeals. A Board of Appeals consisting of five
members is hereby established pursuant to Village Law § 7-712.
B. The jurisdiction of the Board of Appeals shall be appellate only
and shall be limited to hearing and deciding appeals from and reviewing
any order, requirement, decision, interpretation or determination
made by the Code Enforcement Officer.
C. Procedure. The Board of Appeals shall act in strict accordance with
the procedure specified by the Village Law, by this chapter, and by
any rules of procedure adopted by the Board of Appeals and approved
by the Board of Trustees. All appeals and applications made to the
Board shall be in writing on forms prescribed by the Board.
D. Alternate members.
(1) Alternate members of the Board of Appeals shall be appointed by the
Mayor, subject to the approval of the Board of Trustees, for terms
established by the Village Board of Trustees.
(2) The Chairperson of the Board of Appeals may designate an alternate
member to substitute for a member when such member is unable to participate
because of an absence or a conflict of interest on an application
or matter before the Board. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the Board. Such designation shall be entered into the minutes of the
initial Board of Appeals meeting at which the substitution is made.
Alternate members shall attend all regularly scheduled meetings of
the Board of Appeals.
(3) All provisions of state law relating to Board of Appeals member training
and continuing education, attendance, conflicts of interest, compensation,
eligibility, vacancy in office, removal, and service on other boards,
as well as any provision of a local law relating to training, continuing
education, compensation and attendance, shall also apply to alternate
members.
E. Time limitation. Unless construction is commenced and diligently
pursued within 12 months of the date of the granting of a variance,
such variance shall become null and void. The Board of Appeals may,
upon written application and payment of any required fees, made before
the date of such expiration, and after public hearing, extend the
time for such commencement and diligent pursuit to an additional period
not to exceed 12 months. No more than one such extension shall be
given. In considering an application for an extension, the Board of
Appeals shall consider all relevant factors, including any change
of circumstances that may have occurred since the granting of the
variance.
[Amended 4-18-1994 by L.L. No. 3-1994; 10-7-2004 by L.L. No.
10-2004]
A. A violation of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $350 or imprisonment for a period
not to exceed six months, or both for conviction of a first offense;
for conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine not less than $350 nor
more than $700 or imprisonment for a period not to exceed six months,
or both; and, upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed misdemeanors and for such
purpose only all provisions of law relating to misdemeanors shall
apply to such violations. Each week's continued violation shall constitute
a separate additional violation.
[Amended 9-19-2013 by L.L. No. 2-2013]
B. In case of violation of any provision of this chapter, the Village
and its officers may, in addition to any other remedies conferred
by law or ordinance, institute any appropriate action or proceedings
to prevent unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises.