Village of Castleton-on-Hudson, NY Administration and Enforcement

The Building Inspector and Code Enforcement Officer, or their duly authorized assistant(s), in the execution of their duties, shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of his duties, provided that:

The Building Inspector or Code Enforcement Officer shall notify the owner and tenant before conducting any inspection.

The Building Inspector or Code Enforcement Officer or their duly authorized assistant(s) shall display identification signed by the Village Clerk upon commencing an inspection.

(c)

Inspections shall be conducted in the presence of the owner or the owner's representative or tenant.

Nothing in this section is meant to supersede any constitutional consideration.

Records.

The Building Inspector shall maintain files, open to the public, of all applications for certificates of compliance, in building permits and certificates of occupancy, along with any and all plans submitted, as well as final certificates and permits.

The Building Inspector and Code Enforcement Officer shall also maintain records of every complaint of a violation of the provisions of this chapter as well as action taken as a result of any complaints of violation.

Report to the Village Board. The Building Inspector shall submit to the Village Board, for insertion into the Board minutes, a written report summarizing for the month all permits and certificates issued by him as well as the number of violations recorded.

Certificate of compliance.

In all districts, except the I Industrial District, the Building Inspector shall issue a certificate of compliance before:

Any structure coming under the provisions of this chapter is erected, reconstructed, structurally altered or moved.

Any change in use occurs in an existing building.

(c)

Any change in use occurs in a nonconforming building.

(d)

Any land is used or a use is established.

I Industrial District.

In the I Industrial District, a certificate of compliance is required before:

[1]

Any structure coming under the provisions of this chapter is erected, moved or enlarged.

[2]

Any interior structural alterations requiring more than 150 man-hours of work are made.

[3]

Any change in use occurs in an existing building.

[4]

Any land is used or a use is established.

Nothing in this provision shall be interpreted to supersede the requirements of any local law enacted by the Village Board to administer the New York State Uniform Fire Prevention and Building Code.[1]

[1]

Editor's Note: See Ch. 101, Building Construction and Fire Prevention.

(3)

All applications for a certificate of compliance shall be accompanied by such sketch plans and supporting documentation as the Building Inspector may require to determine compliance with this chapter. The Building Inspector shall be responsible for developing specific operational rules and regulations to describe the requirements for an application for a certificate of compliance, which shall be subject to review and approval by the Village Board. The Village Board may establish a fee for a certificate of compliance.

(4)

Certificate of compliance shall state that the proposed structure and land use comply with all provisions of this chapter.

Building permit — zoning requirements.

In all districts, a building permit issued by the Building Inspector shall be required to erect, reconstruct, restore or structurally alter any structure. The Building Inspector shall not issue a building permit unless the proposed structure conforms fully with the provisions of this chapter and has been given a certificate of compliance or has received a variance from the Board of Appeals. Normal maintenance of any structure shall not require a building permit, except no roofing or siding replacement or overlay shall be allowed without first obtaining a permit from the Building Inspector specifically authorizing such work.

[Amended 5-16-1994 by L.L. No. 2-1994]

Every application for a building permit shall contain all information as required by the Board of Trustees and the Building Inspector, and must be accompanied with a lot plan showing the exact measurements from the street and property lines to the foundation or structure and plans for the building or structure to be constructed on such lot. In addition, such application shall set forth how and to where any debris or materials from the building site will be disposed. The above application shall be accompanied with payment of the fee for such permit as established by the Village Board. Applicants shall be responsible for payment of any reasonable and necessary consultation fees of professionals reviewing such applications on behalf of the Building Inspector as preapproved by the Village Board of Trustees.

[Amended 5-16-1994 by L.L. No. 2-1994]

(3)

The building permit application and all supporting documentation shall be made in such a number of copies as may be required by the Building Inspector. On the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant.

(4)

The Building Inspector shall, within 20 days after the filing of a complete and properly prepared application, either issue or deny a building permit or issue such permit subject to specified conditions. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for denial of the permit.

[Amended 5-16-1994 by L.L. No. 2-1994]

(5)

As soon as the foundation of a building or of any addition to an existing building is staked or marked, and before the foundation is laid, the Building Inspector shall ascertain that said structure is within the street and side line setbacks as required in Article V of this chapter.

(6)

A building permit shall not be issued for the construction of or alteration of any building upon a lot without access to a street or highway, as stipulated in § 7-736 of the Village Law.

(7)

A building permit for any structure subject to site plan review or coming under the provisions of the Historic Overlay District or Critical Environmental Overlay District shall be issued only in strict conformity with the plans approved by the Planning Board or the Review Commission, respectively.

[Amended 5-16-1994 by L.L. No. 2-1994]

(8)

A building permit issued for any structure permitted subject to a variance granted by the Board of Appeals shall be issued only in strict accordance with all conditions which may have been prescribed by the Board of Appeals.

(9)

Every building permit shall expire if the work authorized has not commenced within three months after the date of issuance, or has not been completed 12 months from such date for construction costing less than $1,000,000 and has not been completed within 18 months from such date for construction costing in excess of such amount. If no amendments to the Zoning Regulations or to other codes or regulations affecting the property have been enacted in the interim, the Building Inspector 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.

Certificate of occupancy — zoning requirements. In all districts, no building or structure for which a building permit has been issued shall be occupied or used unless the Building Inspector issues a certificate of occupancy. The certificate of occupancy shall state that the building or structure fully complies with the requirements of the Building Code of the Village of Castleton,[2] this chapter, and the terms of any variance or site plan approval properly granted under the procedures established by this chapter.

[2]

Editor's Note: See Ch. 101, Building Construction and Fire Prevention.

Violations.

Where a violation of this chapter is determined to exist, the Building Inspector or Code Enforcement Officer shall serve notice by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure or lot where such violation has been committed or shall exist and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist; and on the agent, architect, contractor or any other such person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist.

Such notice shall require the removal of the violation within 10 days after service of the notice.

(3)

In cases where the removal of the violation within 10 days would be manifestly impossible, the Building Inspector or Code Enforcement Officer shall apply to the governing body of the municipality for the determination as to a reasonable period of time within which such violation shall be removed.

(4)

If those persons notified shall fail to remove such violation within the allotted time period, the Building Inspector or Code Enforcement Officer shall charge them with such violation of this chapter before the appropriate court of law.

(5)

Persons found guilty of such violation shall be subject to fine not exceeding $250, imprisonment for not more than 15 days, or both, for each violation. Each and every day such violation continues after the allotted period of time for its removal shall be deemed a separate and distinct violation.

[Amended 10-27-1997 by L.L. No. 6-1997]

(6)

In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or lot or to prevent an illegal act, conduct business or use in or about such premises.

(7)

Any person may file a complaint with the Building Inspector regarding a violation of this chapter.

All such complaints shall be in writing.