[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.[1] 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,[2] 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]
[2]
Editor's Note: The maps and studies are on file in the office of the Town Clark.
[1]
Editor's Note: See Ch. 63, Building Construction.
[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.