There is hereby established in the Village of Dobbs Ferry the
position of Land Use Officer, to be appointed by the Mayor subject
to the approval of the Board of Trustees. The Board of Trustees may
assign the duties of Land Use Officer to a duly appointed employee
of the Village, and such employee shall carry out the duties of the
Land Use Officer as set forth herein. The Land Use Officer shall have
the following powers and duties:
A. To assist the public and the Village government in complying with
this chapter by providing application forms and explanatory materials
to applicants and ensuring that application forms and other materials
are delivered in a timely fashion to reviewing boards and agencies.
[Amended 8-22-2017 by L.L. No. 6-2017]
B. To call to the attention of the Mayor and Board of Trustees any application for site plan review that may be appropriate for consideration under the provisions of Article
XII.
D. To evaluate applications for development in order to determine their
completeness and compliance with the provisions of this chapter for
the purpose of referring applications to the appropriate reviewing
board.
F. To enforce this chapter pursuant to the terms of §
300-29 of this chapter, including but not limited to, the issuance of stop-work or cease-and-desist orders and/or the institution of an appropriate legal action or proceeding to prevent, restrain, correct or abate any violation of this chapter, to prevent the occupancy of premises, or to prevent any activity, business or use that violates this chapter.
G. To review site plans and subdivision plats submitted pursuant to
this chapter and to inspect premises which have obtained one or more
approvals pursuant to this chapter to ensure that said plans and premises
comply with the approvals granted.
H. To issue, upon request of a property owner or other interested party,
certifications for nonconforming uses, buildings, structures and lots
that may lawfully continue in accordance with the provisions of this
chapter. Said certifications shall specify the date of establishment
or construction and the legality of such nonconforming use, building
or structure and/or lot, and shall specify individually each element
of nonconformity.
[Amended 6-13-2017 by L.L. No. 4-2017]
A. Violations. All buildings and land used, and all buildings and structures
erected, converted, enlarged, reconstructed, moved or structurally
altered, must comply with all applicable provisions of this chapter.
Failure to comply with applicable provisions constitutes a violation
of this chapter. Express violations include, but are not limited to,
the following:
(1) Using land or buildings in any way not consistent with the requirements
of this chapter;
(2) Erecting a building or other structure in any way not consistent
with the requirements of this chapter;
(3) Engaging in the development of land in any way not consistent with
the requirements of this chapter;
(4) Installation or use of a sign in any way not consistent with the
requirements of this chapter;
(5) Engaging in the use of a building or land, the use or installation
of a sign, or any other activity requiring one or more permits or
approvals under this chapter without obtaining all such permits or
approvals;
(6) Failure to comply with any permit or approval granted under this
chapter;
(7) Failure to comply with any condition imposed on a permit or approval;
(8) Obscuring, obstructing, removing or destroying any notice required
to be posted or otherwise given under this chapter; or
(9) Disobeying, omitting, neglecting or refusing to comply with or resisting
the enforcement of any of the provisions of this chapter.
B. Enforcement for violations on historic properties.
(1) All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the Building Inspector to periodically inspect any such work
to assure compliance with the certificate and all applicable law.
In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the AHRB, the
Building Inspector shall issue a stop-work order and all work shall
immediately cease. No further work shall be undertaken on the project
as long as a stop-work order is in effect.
(2) Any owner or person in charge of a property who demolishes, alters,
constructs, or permits an individual landmark, scenic landmark, or
contributing property within an historic district to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness or demolition permit or other approval
by the AHRB may be required by the Board of Trustees to restore the
property and its site to its appearance prior to the violation.
(3) If, in the judgment of the AHRB, a violation of this chapter exists that will result in a detrimental effect upon the life and character of an individual landmark, scenic landmark, property with an historic district or on the character of an historic district as a whole, the AHRB shall notify the Building Inspector. If, upon investigation, the Building Inspector finds noncompliance with the requirements of the Property Maintenance Code of the New York State Fire Prevention and Building Code, or the affirmative maintenance and repair requirement (§
300-19E), or any other applicable law or regulation, the building inspector shall order such remedies as are necessary and consistent with this chapter and shall provide written notice thereof to the AHRB. Upon such notification, the AHRB may establish a reasonable time not less than 30 days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the AHRB shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the AHRB's orders, the AHRB may recommend to the Board of Trustees that the required repairs be made at the expense of the Village, with the cost of labor and materials, as well as all other costs, including court costs and attorney's fees, to be placed as a lien against the property.
(4) Nothing in this article shall prevent the Building Inspector to commence
proceedings in local court for violation of the Village Code, and/or
the Village from commencing any action in State Court to remedy any
and all violations on the property.
C. Liability. The property owner, tenant or occupant of any land or
structure, or part thereof, or any design professional, builder, contractor,
vendor or authorized agent who participates in, assists, directs,
creates or maintains any situation that is contrary to the requirements
of this chapter is jointly and severally liable for the violation
and subject to all available penalties and remedies.
D. Remedies and enforcement powers. The Village may use any lawful remedy
or enforcement power, expressly including those described in this
section.
(1) Withhold permit. Village officials may deny or withhold all permits
or other forms of authorization for any land or structure for which
there is an uncorrected violation of a provision of this chapter or
of a condition or qualification of a permit or other authorization
previously granted by the Village. This provision applies regardless
of whether the current property owner or the applicant is responsible
for the violation in question.
(2) Permits with conditions. Instead of withholding or denying a permit
or other authorization, Village officials may grant such authorization
subject to the condition that the violation be corrected by a specified
time. Village officials are also authorized to require adequate financial
assurances that such correction will be made.
(3) Revoke permit.
(a)
Any permit or other form of authorization required and issued
under this chapter may be revoked when the Building Inspector determines
that:
[1]
There is departure from the plans, specifications or conditions
required under terms of the permit;
[2]
The development permit was procured by false representation
or was issued by mistake; or
[3]
Any of the provisions of this chapter and/or the Village Code
are being violated.
(b)
Written notice of revocation shall be served upon the property
owner by certified mail and posted in a prominent location. Once notice
of revocation is provided, all construction must stop.
(4) Stop work. Whenever development is occurring in violation of this
chapter, the Building Inspector may order the work to be immediately
stopped, in accordance with the following standards:
(a)
The stop-work order must be in writing and directed to the person
doing the work and/or the property owner; and
(b)
The stop-work order must state the specific work to be stopped,
the specific reasons for the stoppage, and the conditions under which
the work may be resumed.
(5) Injunctive relief. The Village may seek an injunction or other equitable
relief in court to stop any violation of this chapter.
(6) Abatement. The Village may seek a court order in the nature of mandamus,
abatement, or other action or proceeding to abate or remove a violation
or to otherwise restore the premises in question to the condition
in which it existed before the violation.
(7) Remedial action. Any person who violates this chapter by alteration
or modification of a structure to increase the number of dwelling
units or living spaces within the structure, or by allowing any such
alteration or modification to continue or to be used, or by altering
or modifying an office or commercial building to accommodate one or
more uses not permitted by this chapter is required to remove those
fixtures, electrical and plumbing connections, furnishings, partitions
and non-load-bearing walls determined by the Building Inspector to
constitute the violation. Failure to remove any of the foregoing constitutes
a separate violation.
(8) Penalties.
(a)
Unless otherwise indicated, any violation of this chapter is
punishable by a penalty of not more than $350 for the first offense,
$750 for the second offense, and $1,000 for the third and subsequent
offenses. In addition to any penalties, all costs and expenses incurred
by the Village in determining such violation may be collected.
(b)
In addition, every violation of this chapter shall constitute
disorderly conduct and every person violating the Zoning Ordinance
shall be a disorderly person, subject to both a fine and imprisonment
not in excess of the maximum fine and imprisonment prescribed by the
Penal Law for such disorderly conduct.
(c)
Each week such violation or failure to comply exists after notice
constitutes a separate and distinct offense.
E. Nothing in this chapter will be construed as depriving the Village
of the right to apply for an injunction to prevent any violation or
of employing any other remedies as allowed by law.
F. Continuation of previous enforcement actions. Nothing in this chapter
will be interpreted to prohibit the continuation of previous enforcement
actions undertaken by the Village under previous valid ordinances
and laws.