A. 
Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer, who shall be appointed by the Village Board, to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto, or by other such officer as the Village Board may, from time to time, designate.
B. 
Powers and duties of the Code Enforcement Officer.
(1) 
The Code Enforcement Officer, or an authorized deputy, shall have the right to enter any building or enter upon any and all land at any reasonable hour as necessary in the execution of his or her duties, provided that:
(a) 
The Code Enforcement Officer, or authorized deputy, shall display identification signed by the Village Mayor upon commencing an inspection.
(b) 
The Code Enforcement Officer, or authorized deputy, shall first make reasonable efforts to alert any occupants present at the time of the inspection to identify himself or herself and the reason for the inspection.
(2) 
The Code Enforcement Officer shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on such complaint. These records shall be public records.
(3) 
The Code Enforcement Officer, or authorized deputy, are authorized to issue desk appearance tickets as defined in § 150.10 of the Criminal Procedure Law of the State of New York to enforce the provisions of this chapter and all rules, conditions, and requirements adopted or specified pursuant thereto. Such desk appearance ticket shall be returnable within 30 days in the Village of Menands Justice Court.
(4) 
The form of the desk appearance ticket issued by the Code Enforcement Officer, or authorized deputy, shall be governed by the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York. The content of such appearance ticket and the method of prosecution thereunder shall always be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.
(5) 
In January of each year, the Code Enforcement Officer shall annually submit to the Village Board a written report summarizing all complaints of violations and actions taken as a result of such complaints since the date of the last report.
C. 
Penalties for violations.
(1) 
Any person committing an offense against any provision of this chapter or violating any provision or requirement of any statement, site plan, application, permit, or certificate approved under the provisions of this chapter shall be punishable by a fine not exceeding $2,500 or imprisonment for a period not to exceed 15 days, or both.
(2) 
The owner of premises shall be responsible for compliance with all the requirements of this chapter, and it is no defense that the culpable action or failure to act may have been done by others. The foregoing notwithstanding, any person who commits, takes part, or assists in a violation or who maintains any building or premises in which any such violation exists shall also be guilty of a violation.
(3) 
Written notice of any alleged violation of this chapter shall be given by mail, at the address listed on the most recent assessment roll for the Village of Menands, or personal service to the record owner of the subject premises at least five days prior to the commencement of any proceeding to enforce any provision of this chapter; provided, however, that such notice shall not be required, where in the judgment of the Code Enforcement Officer, or authorized deputy, the alleged violation constitutes a threat to life, health or safety, in which case no such notice shall be required.
(4) 
Taking emergency action. If in the opinion of the Code Enforcement Officer, or authorized deputy, a violation exists which requires immediate action to avoid a direct hazard or eminent danger to the health, safety or welfare of the occupants of a building or to other persons, the Code Enforcement Officer, or authorized deputy, may direct that such a violation immediately be remedied or may take such action on her or his own initiative to abate the hazard. Any costs incurred by such action shall be paid by the owner, occupant or person responsible for the violation. The Code Enforcement Officer, or authorized deputy, shall keep on file an affidavit stating with fairness and accuracy the items of expense, including actual time expended by town personnel on such enforcement, and date of execution of action taken.
(5) 
Each and every day that a violation continues shall constitute a separate offense.
(6) 
Each of the provisions of this chapter is hereby readopted without substantive change by local law, pursuant to the Municipal Home Rule Law of the State of New York. The provisions of this chapter, and the provisions establishing penalties for violating this chapter, shall supersede the provisions of the Village Law to the extent that they are inconsistent therewith.
D. 
Additional remedies.
(1) 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, in violation of this chapter or any regulation made under authority conferred thereby, the Board of Trustees or any Village officer designated by said Board, in addition to other remedies, may institute an appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such a violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises. The Code Enforcement Officer shall serve notice by posting in a conspicuous location on the property that is the subject of the violation and either personally on the owner or by mail, at the address listed on the most recent assessment roll for the Village of Menands, on the person or corporation committing or permitting the same, and if such violation does not cease within such time as the Code Enforcement Officer may specify and a new certificate of occupancy is not obtained, he/she shall, with the authorization of the Board of Trustees, institute such of the foregoing actions as may be necessary to terminate the violation.
(2) 
In addition to any other remedies set forth herein authorizing the Village to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the Village may seek a civil penalty not to exceed $1,000 per day for each day of the violation. The Board of Trustees may also maintain an action of proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter.
The Village Board of Trustees shall, by resolution, establish and amend a Schedule of Fees for the applications and permits required or contemplated by this chapter. The current schedule shall be on file with the Code Enforcement Officer and with the Village Clerk. Such fees shall be payable to the Village Clerk at the time of application or, as appropriate, at the time of issuance of a permit.
A. 
Intent and purpose.
(1) 
Intent. The intent of this legislation is to make available to the Board of Trustees and the Zoning Board of Appeals expertise and professional resources in making final determinations on subjects requiring an expertise not usually possessed by volunteer boards of citizens, including, but not limited to, engineering, land use planning, architecture, law, surveying, environmental and ecological concerns.
(2) 
Purpose.
(a) 
The purpose of this legislation is to give the Board of Trustees and the Zoning Board of Appeals the resources to hire experts to help guide them through the various phases of review and approval of subdivisions, site plans, special use permits, variance and zoning amendments and the environmental review (SEQRA) process as the Boards may find reasonable and necessary to arrive at a decision on the developers' proposal(s).
(b) 
It is further the purpose of this legislation to shelter the residents of the Village of Menands from incurring any costs for expert or professional advice to its Board of Trustees and Zoning Board of Appeals from persons who have plans for developing lands in the Village.
(c) 
Since the applicant will receive a benefit from the actions of the Board of Trustees and the Zoning Board of Appeals, every developer must pay the full cost of experts engaged by the Board of Trustees and the Zoning Board of Appeals which the members of such Board(s) believe to be reasonable and necessary to aid them in making decisions on technical matters.
No building in any district shall be erected, reconstructed, restored, or structurally altered, nor shall there be any physical disturbance and alterations of the site, including, but not limited to filling, cutting and excavations, and clearing of vegetation, without a building permit duly issued upon application to the Code Enforcement Officer, in accord with Chapter 71 of the Village Code.
A. 
Every application for a building permit shall be submitted on forms issued by the Code Enforcement Officer and shall contain the data and plans required and be accompanied by the fee established therefor by the Board of Trustees.
B. 
No building permit shall be issued for any building where the site development plan of such building is subject to approval by the Board of Trustees, except in conformity with the plans approved by said Board.
C. 
No building permit shall be issued for a building to be used for any conditional use in any district where such use is allowed only by approval of the Board of Trustees unless and until such approval has been duly granted by the Board.
A. 
Certificate required for occupancy or use. No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of compliance shall have been issued by the Code Enforcement Officer stating that the premises or building complies with the provision of this chapter.
B. 
Certificate required for change, extension, or alteration. No change or extension of use or alteration of a structure shall be made in the nonconforming use of premises without a certificate of compliance having first been issued by the Code Enforcement Officer stating that such change, extension, or alteration is in conformity with the provisions of this chapter.
C. 
Application and issues, records, and fees. Certificates of compliance shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building shall have been accepted by the Code Enforcement Officer. A record of all certificates of compliance shall be kept on file in the Office of the Code Enforcement Officer, and copies shall be furnished upon request to any person having a proprietary interest in the building affected. A fee shall be charged for each original certificate or copy thereof.