[Amended 9-16-1969 by Ord. No. 73; 6-19-1973 by Ord. No.
79; 2-22-1983 by Ord. No. 113; 3-26-1985 by L.L. No. 2-1985]
No building in any district shall be erected,
reconstructed, restored or structurally altered without a building
permit duly issued upon application to the Building Inspector. No
building permit shall be issued unless the proposed construction or
use is in full conformity with all the provisions of this chapter
and the Building Construction Ordinance of the Town of Ossining. Any building permit issued in violation of the provisions
of this chapter shall be null and void and of no effect, without the
necessity for any proceedings or revocations or nullification thereof;
and any work undertaken or use established pursuant to any such permit
shall be unlawful.
A. Every application for a building permit shall be made in accordance with §
63-3 of Chapter
63, Building Construction, of the Code of the Town of Ossining, as supplemented herein.
B. No building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway as provided in § 280-a of the Town Law of the
State of New York.
C. No building permit shall be issued for any building
where the site plan of such building or lot is subject to approval
by the Planning Board, except in conformity with the plans approved
by the said Board.
D. No building permit shall be issued for a building
to be used for any conditional use in any district where such use
is subject to approval by the Planning Board unless and until such
approval has been duly granted by said Board.
E. No building permit shall be issued for a building
to be used under any special permit issued by the Board of Appeals
unless and until such approval has been duly granted by said Board.
F. In addition to the requirements set forth in this
chapter, no building permit shall be issued for construction or any
other development on property located in an area of special flood
hazard identified by the Federal Insurance Administration in an engineering
report entitled the "Flood Insurance Study, Town of Ossining, New
York, Westchester County," dated September 16, 1982, with accompanying
maps entitled "Flood Boundary - Floodway Map" and "Flood Insurance
Rate Map," both dated March 16, 1983, which are all hereby adopted
by reference and declared to be part of this chapter, unless and until compliance with Chapter
102, Flood Damage Prevention, of the Code of the Town of Ossining shall be had.
[Amended 3-24-1987 by L.L. No. 2-1987]
[Amended 9-16-1969 by Ord. No. 73; 8-19-1975 by Ord. No.
85; 3-26-1985 by L.L. No. 2-1985]
A. The following shall be unlawful until a certificate of occupancy shall have been issued by the Building Inspector in accordance with the provisions of §
63-11 of Chapter
63, Building Construction, of the Code of the Town of Ossining.
(1) Occupancy and use of a building erected, reconstructed,
restored, structurally altered or moved or any change in use of an
existing building.
(2) Occupancy, use or any change in the use of any land.
(3) Any change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for any
conditional use of a building or of land requiring conditional use
approval by the Planning Board or for any land or use requiring site
plan approval by the Planning Board unless and until such conditional
use or site plan approval has been duly granted by the Planning Board.
Every certificate of occupancy for which conditional use or site plan
approval has been granted, or in connection with which a variance
has been granted by the Board of Appeals, shall contain a detailed
statement of any condition to which the same is subject.
C. In regard to those uses which are subject to the performance
standards procedure, the following requirements shall also apply:
(1) After occupancy, if there occur continuous or frequent,
even though intermittent, violations of the performance standards
and other provisions for a period of five days, without bona fide
and immediate corrective work, the Building Inspector shall suspend
or revoke the occupancy permit of the use, and the operation shall
immediately cease until it is able to operate in accordance with these
regulations, at which time the occupancy permit shall be reinstated.
(2) The Building Inspector shall investigate any alleged
violation of the performance standards, and if there are reasonable
grounds to believe that a violation exists, he shall investigate the
alleged violation and, for such investigation, may employ qualified
experts. A copy of said findings shall be forwarded to the Town Board.
The services of any qualified experts employed by the Town to advise
in establishing a violation shall be paid for by the violator if a
violation is proved, and otherwise by the town. No new certificate
of occupancy shall be issued unless such charges have been paid to
the town.
[Amended 9-16-1969 by Ord. No. 73; 3-26-1985 by L.L. No.
2-1985]
It shall be the duty of the Building Inspector appointed pursuant to the provisions of §
63-1 of Chapter
63, Building Construction, of the Code of the Town of Ossining, in addition to the duties and powers set forth in Chapter
63, to enforce the provisions of this chapter and all of the rules, conditions and requirements adopted or specified pursuant thereto.
[Amended 8-19-1975 by Ord. No. 85]
A. A violation of any provision or requirement of this
chapter or a violation of any statement, plan, application, permit
or certificate required, issued and/or approved under the provisions
of this chapter, or of the terms or conditions contained therein,
shall be considered an offense punishable by a fine of not less than
$100 nor more than $5,000 or imprisonment for a period not to exceed
15 days, for both such fine and imprisonment. Each and every day that
any such violation continues after the specified time to abate shall
constitute a separate offense.
[Amended 3-26-1985 by L.L. No. 2-1985; 3-11-1986 by L.L. No.
2-1986; 5-25-2010 by L.L. No. 5-25-2010]
B. The owner, general agent or contractor of a building,
premises or part thereof where such a violation has been committed
or does exist shall be guilty of such an offense.
C. Any agent, contractor, architect, builder, corporation
or other person who commits, takes part in or assists in such violation
shall also be guilty of such an offense.
D. Each and every week that any such violation continues
after notification that such violation exists shall constitute a separate
offense. Such notice shall be written by the Building Inspector and
shall be served by mail or by personal service.
E. The imposition of penalties herein prescribed shall
not preclude the Town or any person from instituting an appropriate
legal action or proceeding to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to restrain, correct or abate a violation or to prevent the illegal
occupancy of a building, land or premises.