It shall be the duty of the Building Inspector and he is hereby given the power and authority to enforce the provisions of this chapter.
[Added 8-8-2005 by L.L. No. 1-2005]
In all civil and criminal prosecutions brought for the enforcement of this chapter respect to nonpermitted occupancy of single- and two-family dwellings, the following provisions shall apply:
A. 
There shall be a rebuttable presumption that any dwelling which maintains more than one gas meter, or more than one electric meter, or more than one water meter, is being used as the residence of two or more families.
B. 
There shall be a rebuttable presumption that any dwelling which maintains more than two gas meters, or more than two electric meters, or more than two water meters, is being used as the residence of three or more families.
C. 
There shall be rebuttable presumption that a singe-family dwelling which maintains any entrance(s) thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of two or more families, except that this provision shall not apply in the case of any entrance which was constructed prior to the effective date of this Building Zone Ordinance.
D. 
There shall be rebuttable presumption that a two-family dwelling which maintains any third or additional entrance(s) thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of two or more families, except that this provision shall not apply in the case of any entrance which was constructed prior to the effective date of this Building Zone Ordinance.
E. 
There shall be a rebuttable presumption that a dwelling which has been advertised in any newspaper, magazine or local advertising publication as being available for sale or rent, which advertisement essentially provides that such a dwelling contains more than one separate living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the number of units or families set forth in such advertisement.
F. 
There shall be a rebuttable presumption that a dwelling is being used as the residence of more than one family if any two or more of the following are found to exist by the Building Inspector: more than one mailbox, mail slot or post office address; more than one doorbell; a written lease or leases, or oral rental agreements, or the payment of rent, for the portion of the dwelling; a separate exterior entrance to a cellar or basement; three or more vehicles registered to the dwelling where each of the owners of the vehicles have different surnames; utilities such as telephone, television, electric or water services, are billed to two or more persons with different surnames.
G. 
If any provision of § 250-86.1 shall be determined to be unconstitutional or otherwise unenforceable, it shall not affect the constitutionality or enforceability of the remaining provisions.
H. 
Nothing in this section § 250-86.1 shall be construed as lessening or modifying any other rights or prerogatives of the Building Inspector in the enforcement of the terms of the Building Zone Ordinance.
[Added 8-8-2005 by L.L. No. 1-2005]
It shall be a violation for a person or other legal entity to solicit or advertise for the purposes of selling or renting property or portions of property to be utilized in violation or contravention of the uses permitted in zoning districts in this chapter.
[Added 10-15-2007 by L.L. No. 4-2007]
A. 
In any case in which the Board of Appeals shall grant a variance or special permit to conduct any use that is not permitted as of right in the zoning district in which the premises is situated, or shall grant a variance of minimum required off-street parking space requirements for the conduct of any use, and the said grant was made subject to enumerated conditions, and it shall thereafter reasonably appear to the Chairman or a majority of the Board members upon communication received from the Building Inspector that the permittee, or the permittee's agents, employees, representatives, lessees or assigns in actual control of the premises or part thereof as the case may be, have been substantially violating one or more of the enumerated conditions on a fairly consistent basis, the Chairman or a majority of the Board may call a public hearing to consider revocation of the grant for violation of one or more of the conditions.
B. 
Such hearing shall be called on not less than 15 days' written notice to the permittee, or to the permittee's agents, employees, representatives, lessees or assigns in actual control of the premises or relevant part thereof as the case may be. Such written notice shall be personally delivered at the subject premises to any person who is present and in some apparent control of the premises, except that if no such person is present at the premises after repeated service attempts on at least two separate days during normal working hours, the notice shall be posted upon the front door or other conspicuous place. Such delivery shall be made by or on behalf of the Building Inspector, who shall file an affidavit of personal service or posting with the Board. The Board shall also mail a copy of the notice to the address of the premises and to the permittee's last known address, by regular mail and by certified mail, return receipt requested. The Board shall also provide notice to the public in the same manner that is required in the case of variance hearings. The notice shall specify the date, place and time of the hearing, enumerate the conditions asserted to have been violated, and declare the possibility of revocation on the basis thereof.
C. 
Such hearing shall be conducted on the original file, as supplemented by such relevant documentation and competent testimony as may be presented.
D. 
If, at the conclusion of the hearing, the evidence in the record establishes to the reasonable satisfaction of a majority of the Board that one or more of the conditions of the prior grant have been substantially violated on a fairly chronic basis, and that the violations are not largely inconsequential but have had an unreasonably deleterious effect on the use, enjoyment and character of any residential vicinity within 200 feet of any boundary of the property at which the subject premises is situated, then the Board, within 62 days after the hearing date, may adopt a decision revoking the grant on not less than six months' notice to applicant, with the said period to commence on the date that the decision is filed in the Village Clerk's office.
E. 
Commencing upon the effective date of this section, and in all types of cases subject to the provisions hereof in which the Board of Appeals shall render a written decision granting relief subject to one or more enumerated conditions, it shall set forth a further declaration at the end of the enumeration and also on the notice of decision that a violation of one or more of the conditions may result in revocation of the grant, pursuant to the provisions of this section.
F. 
Nothing herein shall prevent the Building Inspector or any other appropriate Village official from issuing one or more oral or written communications to appropriate persons that they should cease and desist from violating the conditions, or else face the possibility of revocation as provided hereunder.
G. 
Nothing herein shall prevent any independently available enforcement measures to be undertaken by the police or any appropriate Village law enforcement officials for any violations of law that may result from a violation of any condition imposed by the Board of Appeals.
H. 
This section shall be effective immediately in regard to all grants adopted by the Board of Appeals on or after January 1, 2008.
I. 
By amortization, this section shall be effective on and after December 1, 2010, in regard to all grants subject to enumerated conditions adopted by the Board of Appeals prior to January 1, 2008, notwithstanding any claim of legal nonconforming status in regard to this section by reason of such conditioned grant predating the effective date of this section, and notwithstanding any claim of vested rights in any construction authorized by the conditional grant.
J. 
Nothing herein shall be construed as lessening or eliminating any previously existing law enforcement rights or prerogatives of the police or any Village official, or any presently existing authority of the Board of Appeals in regard to the review, revocation, modification or enforcement of its decisions.
A. 
The Building Inspector shall require that the application for a building permit and the accompanying plot plan shall contain all the information necessary to ascertain whether the proposed building complies with the provisions of this chapter and all other codes and regulations under the jurisdiction of the Building Inspector.
B. 
No building permit shall be issued until the Building Inspector has certified that the proposed building or alteration complies with all the provisions of this chapter and all other codes and regulations under the jurisdiction of the Building Inspector.
C. 
Until a building permit has been duly issued therefor, it shall be unlawful for any person to commence work for the erection or alteration of any building or structure; commence the clearing of any lot or premises of trees, shrubs or similar growth prior to construction; commence work on any lot or premises for any purpose or any use; or make any excavation thereon for the removal of sand, gravel, stone or topsoil.
D. 
Tree preservation. No subdivision, lot reapportionment or site plan, regardless of area, shall be approved, or a building permit issued, unless a tree plan shall be filed with the Building Inspector, identifying all trees on the property, and those intended to be removed, and the Building Inspector determines that the number of trees to be removed is the fewest reasonably necessary in connection with the proposed project.
[Amended 2-13-2017 by L.L. No. 1-2017]
For any application which necessitates a public hearing before the Board of Trustees or the Board of Zoning Appeals, there shall be an application fee, plus legal costs, stenographer costs and all other out-of-pocket expenses actually incurred by the Village in connection with the application per hearing, payable to the Village, as set forth from time to time by resolution of the Board of Trustees.
The Board of Trustees or the Board of Zoning Appeals, as the case may be, shall make rules as to the manner of filing of applications under their respective jurisdictions.
A. 
Upon the filing of any such application, the relevant Board shall fix the time and place for a public hearing thereon and shall give publication and/or mailed notice thereof as it shall fix by rule, subject to such minimum notice as may be required by law.
B. 
The notices required by Subsection A of this section shall state the location of the building or lot and general nature of the application(s) involved.
Any approval granted by the Board of Trustees, including site plan approvals in the MR Marine Recreation or CA Residence Districts, shall expire and be of no force and effect, unless:
A. 
A building permit shall have been issued pursuant thereto within four months after the date of the decision of the Board of Trustees; and
B. 
The use granted by the Board of Trustees shall have actually commenced, or the construction of the project authorized by the Board of Trustees shall have actually commenced, within four months after the issuance of the building permit; provided that excavation for a foundation shall not be deemed a commencement within the meaning of this section; and
C. 
The construction of any such project shall have been completed, and a certificate of occupancy issued, within two years after the date of the issuance of the building permit therefor.
The Board of Trustees may, for good cause shown, grant a longer period of time for the issuance of a building permit, commencement of construction, and completion of a building or structure in pursuance thereof, than that herein provided, either upon the granting of the authorization, approval or special exception or thereafter upon application made to it for such extension; provided, however, that such application shall be made before or within one year after the time for the issuance of a building permit or commencement of the building or structure has expired. In determining whether good cause exists for such extension, the Board of Trustees shall consider, among other things, the nature and extent of the construction and complexity thereof, practical difficulty tending to delay construction, availability of utilities, strikes, scarcity of labor or materials, war, or acts of God.
[Amended 3-9-2009; 3-9-2020 by L.L. No. 2-2020]
Every application to the Board of Trustees for an amendment of the Building Zone Ordinance or of the Building Zone Map or for a site plan approval, and every application to the Board of Zoning Appeals for an appeal, variance or special exception, shall be accompanied by an area map prepared by a professional engineer or surveyor licensed by the State of New York showing by courses and distances the property which is the subject of the application and all of the properties within 200 feet of any line of the property which is the subject of the application and showing, to scale, all structures within the area indicating the use of each, and showing the zoning of all the areas depicted, except in the Marine Recreation District the radius map shall be 500 feet. The number of copies of the area map required for each application shall be at the discretion of either Board, through rules promulgate by either Board from time to time.
A. 
Every applicant for a variance, change of zoning, approval of a plat, exemption from a plat or official map, approval of a site plan, or any other license or permit granted in the exercise of discretion under the provisions of this chapter, shall certify, in the manner hereinafter provided, the name and address of each state or local officer or employee in the county interested in the favorable exercise of such discretion.
B. 
As used in this section, the terms "state or local officer or employee" shall also include the members of the boards and commissioners of local public authorities or other public corporations within the county but shall not include volunteer firemen or civil defense volunteers.
C. 
A person is "interested" in such application when he or his spouse or a person by consanguinity related to either of them within the third degree:
(1) 
Is the applicant;
(2) 
Is an officer, director or employee of the applicant;
(3) 
Legally or beneficially owns or controls the stock of a corporation or is a member of the partnership venture or association which makes the application; or
(4) 
Has an agreement with such an applicant, expressed or implied, whereby his compensation for services is to be dependent or contingent upon the favorable exercise of such discretion.
D. 
An applicant shall certify whether or not any of the foregoing provisions are applicable by making a verified statement, under oath (unless such statement is affirmed by an attorney under the provisions of Article 21 of the Civil Practice Law and Rules), on a form for such purpose provided by either the Village Clerk on behalf of the Board of Trustees or by the Clerk of the Board of Zoning Appeals, depending upon which Board has jurisdiction over the application.
E. 
The provisions of this section shall not apply to a corporation whose stock is traded on any regularly organized stock market as defined in Rule 4533 of the Civil Practice Law and Rules.
[Added 6-13-2016 by L.L. No. 2-2016]
The Board of Trustees may from time to time, on its own motion and in accordance with the provisions of the Village Law, amend, supplement, change, modify or repeal the regulations, restrictions and boundaries herein established, or any part thereof.
[Added 6-13-2016 by L.L. No. 2-2016]
Any owner, lessee, tenant, general agent, architect, builder, contractor, subcontractor, worker, employee or any other person who knowingly commits, takes part in or assists in any violation of this chapter, or any part thereof, or who maintains any building or premises in which any violation of this chapter shall exist or who permits any violation to exist in or upon any building or premises or who shall cause or permit any building, or part thereof, to be constructed, altered or used contrary to the plans and specifications filed under the provisions of this chapter and for which a building permit has been issued shall be guilty of a violation of this chapter and shall be subject to a fine of not more than $1,000 or imprisonment for not more than 15 days, or both such fine and imprisonment, for each and every day or part thereof upon which such violation exists.