The Building Inspector, appointed pursuant to Chapter 86, Building Construction, is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall be responsible for the examination of all applications for permits and the issuance of permits for the construction, alteration, enlargement and occupancy of structures and all nonconforming uses existing at the time of passage of this chapter. The Building Inspector shall be responsible for the recording and filing of all applications for permits with accompanying plans and documents, and to make such reports to the Board of Appeals, Board of Trustees and the Planning Board as may be required.
A. 
Purposes. To insure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building, or part thereof, nor alter the use of land, subsequent to the adoption of this chapter, until the proper permit has been issued by the Building Inspector.
B. 
Application for permits. All applications for building permits shall be made to the Building Inspector in a form prescribed by § 86-9 of Chapter 86, Building Construction.
C. 
Issuance of permits. It shall be the duty of the Building Inspector to issue the proper permits provided he is satisfied that the structure, building, sign, parking area, and the proposed use conform with all requirements of this chapter, the State Building Construction Code, and all other applicable provisions of the Village of New Paltz Municipal Code that may apply, and that all other required reviews and actions, if any, have been complied with and all necessary approvals secured therefor.[2] All permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and protected from weather whenever construction work is being performed thereon. No owner, contractor, workman or other persons shall perform any construction operations of any kind, including excavation, unless a permit covering such operation has been displayed as required by this chapter, nor shall construction operations of any kind be performed after notification of the revocation of said permit.
[2]
Editor's Note: See also § 86-10.
D. 
Referral of applications. Applications for building permits in the Historic District, for a development or use requiring a special use permit in accordance with Article III or for which site plan review is required by § 212-23 shall be referred to the Planning Board as provided in §§ 212-23 and 212-39.
E. 
Denial of building permits. When the Building Inspector is not satisfied that the applicant's proposal will meet the requirements of this chapter, he shall refuse to issue a building permit and shall notify the applicant as provided in § 86-10D of Chapter 86, Building Construction. The applicant may appeal to the Board of Appeals for a modification or reversal of the Building Inspector's decision or may apply for a variance to the Board of Appeals, as provided in § 212-59.
F. 
Revocation of building permits. Building permits may be revoked as provided in § 86-13 of Chapter 86, Building Construction. After the building permit has been revoked the Building Inspector may, in his discretion, before issuing a new building permit, require the applicant to file an indemnity bond in favor of the Village of New Paltz with sufficient surety conditioned for compliance with this chapter and all laws and regulations then in force and in a sum sufficient to cover the cost of removing the building structure if it does not so comply.
G. 
Expiration of building permits. If a building permit has not been acted upon by the commencement of construction within one year from the date of issuance, such building permit and all rights created thereby shall expire.
[1]
Editor's Note: See also Article III of Chapter 86, Building Construction.
A. 
New uses. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Building Inspector pursuant to § 86-18 of Chapter 86, Building Construction. A temporary certificate of occupancy may be issued for any structure or use for which site plan approval has been secured but not all conditions of approval have been complied with in accordance with § 86-19 of this Municipal Code. The Planning Board shall approve the issuance and terms where site plan approval is required before issuance by the Building Inspector.
B. 
Existing uses.
(1) 
At the time of passage of this chapter. Upon written request from the owner, tenant, occupant, or purchaser under contract, the Building Inspector, after inspection, shall issue a certificate of occupancy for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.
(2) 
Nonconforming uses. No change or extension of use, and no alterations shall be made in a nonconforming structure, use or premises without a certificate of occupancy having first been issued by the Building Inspector stating that such change, extension or alteration is in conformity with the provisions of this chapter, or that same has been permitted by action of the Board of Appeals.
C. 
Change of use. Whenever there occurs a change in the use of a building, structure or land, a new certificate of occupancy shall be applied for to ensure compliance with all applicable laws and regulations.
D. 
Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
[1]
Editor's Note: See also Article IV of Chapter 86, Building Construction.
A. 
Authority. In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained, or any building, structure, land or premises is used in violation of this chapter or any regulation or requirement made pursuant thereto, or under authority conferred thereby, in addition to other lawful remedies, the Board of Trustees or, with their approval, the Building Inspector may, pursuant to § 7-714 of the Village Law, institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, repair, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such buildings, land or premises or to prevent any illegal act, conduct, business or use in or about such premises.
B. 
Discovery of violations. The Building Inspector shall determine the existence of violations of the provisions of this chapter through such investigations as he shall conduct pursuant to the issuance of building permits and certificates of occupancy and through the prompt investigation of such written complaints as are filed with him by persons having reason to believe that such violations exist. The Building Inspector may also determine the existence of such violations by means of investigations conducted at his own initiative.
C. 
Procedure for abatement of violations.
(1) 
Notice of violation. Upon finding violations of the provisions of this chapter the Building Inspector shall serve written notice, either by personal service or certified mail, addressed to the premises of such violations, on the person committing or permitting such violation or on the owner of the property. Such notice shall specify the nature of such violations as exist and specify a reasonable time limit, of not less than five days, in which compliance shall be achieved.
(2) 
Legal action. The Municipal Code Enforcement Officer shall, upon failure of the responsible party to comply with a violation order within the specified time, issue and serve appearance tickets with respect to any such violation of this chapter when he has reasonable cause to believe that such violation or offense has been committed. In the alternative, he may refer the matter to the Board of Trustees so that the Board of Trustees may, by resolution, direct the Village Attorney to undertake legal action against such party.
D. 
Penalty on violation.
(1) 
Any person or corporation whether as owner, lessee, architect, or builder or the agent or employee of any of them who violates or is accessory to the violation of any provision of this chapter or any regulation made under the authority conferred by this chapter or who shall erect, construct, alter, enlarge, convert or move any building or structure without a building permit or in violation or any statement or plans submitted and approved under the provisions of this chapter, or who shall use any building, structure or land in violation of this chapter or any regulation made under authority conferred by this chapter or in violation of the provisions of any building permit or certificate of occupancy or without a building permit or certificate of occupancy where one is required by this chapter shall be deemed to have committed a Class A misdemeanor, as defined in the Penal Law, and shall be liable in the case of any one violation to a penalty not exceeding that which is set annually by resolution of the Board of Trustees or imprisonment not exceeding one year, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional violation.
[Amended 10-22-2014 by L.L. No. 13-2014]
(2) 
Any person violating this chapter shall also be subject to a civil penalty enforceable and collectable by the Village in the amount set annually by resolution of the Board of Trustees for each week such offense shall continue. Such penalty shall be recovered by and in the name of the Village for each week that such violation shall continue together with costs and disbursements of the action.
[Amended 10-22-2014 by L.L. No. 13-2014]
(3) 
In addition to the above provided penalties and punishment, the Board of Trustees may also maintain an action or 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 this chapter.
[Amended 12-15-2010 by L.L. No. 1-2011]
A. 
Fees. Those fees not specified in this chapter shall be in accordance with a list maintained by the Building Inspector and posted conspicuously in his office.
B. 
Escrow deposits.
(1) 
In connection with any application for a special permit, site plan or subdivision approval, zoning amendment, variance, or other appeal, the reviewing board may require an applicant to deposit an initial sum of money into an escrow account in advance of the review of the application. Said sum shall be based on the estimated cost to the Village of reviewing the particular type of application before it. The reviewing board may consider the professional review expenses incurred by neighboring municipalities in reviewing similar applications. The reviewing board may also consider the Village's survey of professional review expenses in determining the initial sum of money to be deposited in an escrow account by an applicant.
(2) 
Use of funds.
(a) 
Said sum of money shall be used to cover the reasonable and necessary costs of reviewing an application. Costs may include staff costs or consultant fees for planning, engineering, legal, and other professional and technical services required for the proper and thorough review of an application. The reviews governed by this section shall include all environmental review pursuant to law including review of the proposed action under the State Environmental Quality Review Act (SEQRA).
(b) 
The review expenses provided for herein are in addition to application or administrative fees required pursuant to other sections of the New Paltz Village Code. Monies deposited by applicant pursuant to this section shall not be used to offset the Village's general expenses for professional services for the several boards of the Village or the Village's general administrative expenses.
(c) 
Fees charged strictly as a result of a SEQR review shall in no event exceed the maximum amounts that can be charged pursuant to the SEQR regulations by the lead agency.
C. 
Upon receipt of monies requested for an escrow account, the Village Treasurer shall cause such monies to be placed in a custodial non-interest bearing account in the name of the Village and shall keep a separate record of all such monies deposited and the name of the applicant and project for which such sums were deposited.
D. 
Upon receipt and approval by the chair of the respective board of itemized vouchers from consultants for services rendered on behalf of the Village regarding a particular application, the Village Clerk shall forward the approved vouchers to the Village Board of Trustees for audit and approval. Upon approval by the Village Board of Trustees, the Village Treasurer shall cause such vouchers to be paid out of the monies so deposited, and shall charge the separate record of such account accordingly. Upon request, the consultant shall make copies of such vouchers available to the applicant at the same time the vouchers are submitted to the Village.
E. 
The Village Board of Trustees shall review and audit all such vouchers and the chair of the respective board and Village Board of Trustees shall approve payment of only such consultant charges as are reasonable in amount and necessarily incurred by the Village in connection with the review and consideration of applications. A charge or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by consultants to the Village for services performed in connection with the review of a similar application. In auditing the vouchers, the board may take into consideration the size, type and number of buildings to be constructed, the topography of the site at issue, environmental conditions at such site, the infrastructure proposed in the application and any special conditions the board may deem relevant. A charge or part thereof is necessarily incurred if it was charged by the consultant for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Village, and to protect public or private property from damage.
F. 
In no event shall an applicant make direct payment to any Village consultant.
G. 
If at any time during the processing of an application there shall be insufficient monies on hand to the credit of an applicant to pay the approved vouchers in full, or if it shall reasonably appear to the reviewing board that such monies will be insufficient to meet vouchers yet to be submitted, the reviewing board shall cause the applicant to deposit additional sums as the board deems necessary or advisable in order to meet such expenses or anticipated expenses.
H. 
In the event the applicant fails to deposit the requested review fees into an escrow account, any applicant review, approval, permit or certificates of occupancy shall be withheld or suspended by the reviewing board, officer or employee of the Village until such monies are deposited.
I. 
Upon completion of the review of an application or upon the withdrawal of an application, and after all fees already incurred by the Village have been paid and deducted from the escrow account, any balance remaining in the escrow account shall be refunded within 60 days after the applicant's request.
J. 
Consistent with the terms of this section, each board may from time to time set the appropriate escrow deposit for particular types of applications. A schedule of such required escrow deposits shall be kept on file in the Building Department and in the offices of the Village Clerk and secretary of the appropriate board. If no such escrow deposit is set in advance by the respective board, the Building Inspector or secretary shall consult with the chair of the respective board to determine the appropriate escrow deposit. Such escrow deposit shall be collected at the time the application is filed, and no application shall be deemed administratively complete until such escrow deposit has been received.