[Amended 5-16-1994 by L.L. No. 2-1994]
The Mayor shall appoint the Building Inspector and Code Enforcement
Officer, subject to approval of the Board of Trustees, to administer
and enforce the provisions of this chapter.
[Amended 5-16-1994 by L.L. No. 2-1994]
The Building Inspector and Code Enforcement Officer shall have
the following powers and duties as specified below:
A. Rules, regulations and forms. The Building Inspector and Code Enforcement
Officer, subject to the approval of the Village Board, shall have
the authority to make and adopt such forms as they may deem necessary
for the proper enforcement and administration of this chapter and
to secure its stated purposes and intent. The forms shall not be in
conflict with the provisions of this chapter or any other local law
of the Village of Castleton-on-Hudson, nor shall they have the effect
of waiving any provisions of this chapter or any other local law.
Such rules, regulations and forms shall be submitted to the Village
Board by the Building Inspector or Code Enforcement Officer, which
shall move to approve, reject or modify such forms within 30 days
after submission. Failure to act shall be construed to constitute
approval. The forms as approved by the Village Board shall be on file
and available to the public.
B. Inspections.
(1) 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:
(a)
The Building Inspector or Code Enforcement Officer shall notify
the owner and tenant before conducting any inspection.
(b)
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.
(2) Nothing in this section is meant to supersede any constitutional
consideration.
C. Records.
(1) 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.
(2) 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.
D. 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.
E. Certificate of compliance.
(1) In all districts, except the I Industrial District, the Building
Inspector shall issue a certificate of compliance before:
(a)
Any structure coming under the provisions of this chapter is
erected, reconstructed, structurally altered or moved.
(b)
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.
(2) I Industrial District.
(a)
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.
(b)
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.
(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.
F. Building permit — zoning requirements.
(1) 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]
(2) 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.
G. 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, this chapter, and the terms of any variance or site plan
approval properly granted under the procedures established by this
chapter.
H. Violations.
(1) 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.
(2) 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.
(a)
All such complaints shall be in writing.
(b)
All such filed complaints shall be investigated by the Building
Inspector and a report prepared thereon within 10 days and forwarded
to the Village Board of Appeals for review and decision.
(8) The Building Inspector or Code Enforcement Officer may, where appropriate,
issue an appearance ticket as provided by the Penal Law of the State
of New York.