A.
Designation of enforcement officer; coordination of application processing;
fee.
(1)
The Village Code Enforcement Officer shall administer and strictly
enforce all provisions of this chapter except where otherwise specifically
provided herein.
(2)
Whenever any permit or other approval by the Village of Wappingers Falls is required hereunder, processing of the application shall be coordinated by the Code Enforcement Officer with the Planning Board, the Zoning Board of Appeals or other responsible persons and agencies in accordance with the requirements of this chapter, Chapter 64, Building Code Administration, of the Village of Wappingers Falls Code and other applicable Village, county and state regulations governing building construction and the use of land and buildings.
(3)
All applications submitted pursuant to this chapter shall be
accompanied by the applicable fee in accordance with the Fee Schedule
established by the Village Board.
B.
Powers and duties of the Code Enforcement Officer.
(1)
Except as otherwise provided, it shall be the duty of the Code
Enforcement Officer to enforce the provisions of this chapter and
of all rules, conditions and requirements specified hereunder by the
Zoning Board of Appeals and the Planning Board.
(2)
The Code Enforcement Officer shall review all applications submitted
to the Village of Wappingers Falls pursuant to this chapter and shall
either act directly on the application or refer the application to
the appropriate agency or person.
(3)
It shall be the duty of the Code Enforcement Officer to issue building permits, in conformance with the requirements of Chapter 64, Building Code Administration, of the Village Code. It shall be the duty of the Code Enforcement Officer to review building and demolition permits as to the conformance of the intended construction or demolition with the requirements of this chapter.
C.
Permits and fees.
(1)
Permit required. No structure shall be erected, constructed, enlarged, altered or moved and no land or structures shall be used until a building permit has been issued by the Code Enforcement Officer in conformance with the requirements of Chapter 64, Building Code Administration. No building permit shall be authorized or issued for a use subject to special permit or site plan until such approval has been obtained from the Planning Board, and the work authorized by such permit shall be in conformity with the plans approved by said Board.
(2)
Fees. The applicant shall be responsible for payment of the applicable fee in accordance with the Fee Schedule established by the Village Board, and the escrow deposit in accordance with Chapter 72, Escrow Deposits, of the Village Code.
(3)
Application for building permit. Any application for a building permit shall be made in conformance with Chapter 64, Building Code Administration, of the Village Code. Any amendments to the building permit or to the plans and specifications accompanying the same must be filed at a time prior to the commencement of the work on said proposed changes and subject to the approval of the Code Enforcement Officer. If the change involves a material change to a site plan, as determined by the Code Enforcement Officer, approval from the Planning Board shall be required prior to the issuance of a new, amended or revised permit.
A.
Any building erected, constructed, altered, enlarged, converted,
moved or used contrary to any of the provisions of this chapter and
any use of any land or any building which is conducted, operated or
maintained contrary to any of the provisions of this chapter shall
be and the same is hereby declared to be unlawful. Any owner, lessee,
tenant, occupant, architect or builder or the agent of any of them
who violates or is accessory to the violation of any provisions of
this chapter, as adopted or amended, or who fails to comply with any
of the requirements thereof or who erects, constructs, alters, enlarges,
converts, moves or uses any building or uses any land in violation
of any detailed statement or plan submitted by him or her and approved
under the provisions of this chapter, as adopted, shall be guilty
of a violation which is an offense punishable by a fine as provided
herein.
B.
Notice of violation.
(1)
Whenever, in the opinion of the Code Enforcement Officer after
proper examination and inspection, there appears to exist a violation
of any provision of this chapter or of any rule, regulation or condition
adopted or imposed pursuant thereto, the Code Enforcement Officer
shall serve a written notice of violation on the person or entity
committing or permitting the same.
(a)
Such notice may be served personally or by certified mail addressed
to the premises where such violation exists and by posting a copy
of the same upon said premises. The notice of violation shall set
forth:
(b)
If such violation does not cease within such time as the Code
Enforcement Officer may specify, the Code Enforcement Officer shall
be authorized to institute such of the actions hereinafter set forth
as may be necessary to terminate the violation.
(2)
The Code Enforcement Officer may extend the date of compliance
called for in a notice of violation after written application if,
in his or her opinion, there is reasonable evidence of intent to comply
and that reasonable conditions exist which prevent compliance by the
specified date.
C.
Certificate of zoning compliance. On re-inspection following the
expiration of the date of compliance as specified in the notice of
violation, if the violation has been remedied or removed in accordance
with the specified remedial action and there is no longer a violation
of any provision of this chapter, then a certificate of zoning compliance
shall be issued by the Code Enforcement Officer.
D.
Legal action by the Village. On re-inspection following the expiration
of the date of compliance as specified in the notice of violation
or as extended in accordance herein, if the remedial action specified
has not been carried out and there is still in existence, in the opinion
of the Code Enforcement Officer, a violation of a provision of this
chapter, then the Code Enforcement Officer may refer the matter to
the Village Attorney, who shall thereupon institute appropriate legal
action to restrain, prevent, enjoin, abate, remedy or remove such
violation and to take whatever other legal action is necessary to
compel compliance with this chapter.
E.
Failure to apply for building permit or certificate of occupancy.
Any person who fails to apply for a building permit or certificate
of occupancy as required by and in accordance with this chapter and
who proceeds to construct, erect, relocate, alter, extend or structurally
change a building or part thereof or who subsequently proceeds to
occupy or use such building or part thereof or who proceeds to occupy
or use or change the use of land shall be required to file the applications
and plans and pay double the fees as provided. The Code Enforcement
Officer shall inspect or cause to be inspected such building or land
and shall issue either a notice of violation or a certificate of occupancy.
F.
Violations, penalties and injunctions. Any person violating any provision
of this chapter may be punished as provided in § 20-2006
of NYS Village Law.
