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.
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.
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.
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.
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.
