No building, structure or sign in any district shall be erected, added to, moved 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 or any other applicable law. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, and any work undertaken or use established pursuant to any such permit shall be unlawful.
A. 
Application. Application for a building permit shall be made to the Building Inspector on forms provided and shall contain the following information:
(1) 
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations.
(2) 
The valuation of the proposed work.
(3) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
B. 
Owner's authorization. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
C. 
Plans and specifications.
(1) 
Content. Each application for a building permit shall be accompanied by duplicate copies of plans and specifications indicating the nature and character of the work to be performed and the materials to be incorporated, the details of structural, mechanical and electrical work, including computation, stress diagrams, and other essential technical data.
(2) 
Signature. Plans and specifications shall bear the signature of the person responsible for the design and drawing.
(3) 
Waving of requirements. The Building Inspector may waive the requirements for filing architectural plans.
(4) 
Amendment. Amendments to the application or plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to approval of the Building Inspector.
D. 
Plot plan.
(1) 
Every application for a building permit shall be accompanied by the plot plan drawn to scale showing:
(a) 
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or the lot on which it is situated, if an existing building.
(b) 
The section, block and lot numbers as they appear on the official assessment records.
(c) 
The exact size and location on the lot of the proposed building or buildings or alterations of an existing building and of the other existing buildings on the same lot.
(d) 
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot or on adjacent property.
(e) 
The existing and currently intended use of all buildings, existing or proposed, the use of the land and the number of dwelling units the building is designed to accommodate.
(f) 
The widths and grades of adjoining and/or traversing streets, walks and alleys.
(g) 
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the construction will conform to the provisions of this chapter. No foundation will be constructed which requires blasting.
(h) 
Information on percolation tests taken at suitable intervals and information as to the depth to the water table where the applicant proposes new construction or new or expanded septic systems. Such test and septic design shall be performed by a New York State licensed engineer. No permit shall be used for any septic system unless the Town Engineer or his designee shall have witnessed the percolation and deep soil tests performed onsite and approved the results of such tests.
[Amended 2-24-1999 by L.L. No. 2-1999]
(2) 
The Building Inspector may vary or waive the above requirements in the case of any accessory agricultural buildings.
E. 
Building permit and other associated fees shall be set from time to time by the Town Board in Chapter A212, Fees.
[Amended 5-23-1990; 8-11-1993 by L.L. No. 2-1993; 11-6-1996 by L.L. No. 4-1996; 4-8-1998 by L.L. No. 1-1998]
F. 
Frontage and access. No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon or at least legal permanent access to a street improved to the satisfaction of the Planning Board and meeting all the requirements of § 280-a of the Town Law. No building permit may be issued for any new construction other than additions or alterations until a curb cut permit or a highway entrance permit has been obtained from such highway authority as has the jurisdiction over the road frontage.
G. 
Uses permitted upon site plan approval by the Planning Board. No building permit shall be issued for any building where the use is subject to site plan approval by the Planning Board, except in conformity with such authorization and the plans approved by said Board.
H. 
Variance. No building permit shall be issued for a building for which a variance has been granted by the Board of Appeals, except in conformance with the conditions established by said Board.
I. 
Duplicate documentation. The application and all supporting documentation shall be submitted in duplicate.
J. 
Issuance of building permit. The Building Inspector shall examine or cause to be examined all applications for permits together with the plans, specifications and documents filed therewith.
(1) 
Action. The Building Inspector shall, within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit (unless subject to site plan review by the Planning Board).
(2) 
Approval. Upon approval of the application (the legal fees having been properly paid beforehand), the Building Inspector shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. Both sets of plans and specifications shall be endorsed with the word "APPROVED."
(3) 
File copy. One set of such approved application, plans and specifications shall be retained in the files of the Building Inspector.
(4) 
Inspection copy. The other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
K. 
Denial of building permit. If the application, together with plans, specifications and other documents filed therewith, describe proposed work which does not conform to all the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall state, in writing, the reasons for such denial.
L. 
Performance of work under building permit. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in conformance with the approved specifications and in accordance with the applicable building laws, ordinances or regulations.
M. 
Expiration. Every building permit shall expire if the work authorized has not commenced within six months after the date of issuance. The Building Inspector may authorize, in writing, an additional six-month extension of the permit. Thereafter no further work may be undertaken without a new building permit and appropriate fee.
[Amended 8-1-1993 by L.L. No. 2-1993]
N. 
Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following Instances:
(1) 
Where he finds that there has been any false statements or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2) 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
(3) 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
(4) 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
O. 
Stop order. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with all the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction and sending him a copy of the same by registered mail.
A. 
New construction. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
B. 
Alteration. No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
C. 
Change of uses. No change shall be made in the use or type of occupancy of an existing building (whether conforming or nonconforming) unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
D. 
Requirements.
(1) 
Affidavit. The owner or his agent shall make an application for a certificate of occupancy. Accompanying this application, and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
(2) 
Certificate of potability. Except where the water supply to the subject property is from an approved central water district, a certificate of potability shall accompany the application for a certificate of occupancy.
(3) 
Inspection. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. Such site shall conform to § 205-29C(1).
(4) 
Filing. There shall be maintained in the office of the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the law.
E. 
Issuance of certificate of occupancy.
(1) 
Uses permitted upon authorization and approval of plans by the Planning Board. No certificate of occupancy shall be issued for any use of a building or land requiring authorization and approval of plans by the Planning Board unless and until such authorization and approval has been duly issued by said Board.
(2) 
Variance. Every certificate of occupancy in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of such variance and of any condition to which the same is subject.
(3) 
Major subdivision. No certificate of occupancy for any building in a major subdivision or a section thereof or where a bond has been posted under any other section of the law shall be issued by the Building Inspector until all the improvements, including water supply system, sewage disposal system, roads and any other requirements of the Planning Board, have been completed in every detail and approved by the Orange County Health Department, the Water Resources Commission of the State of New York, the Town Engineer, the Town Board and all other appropriate authorities.
(4) 
Action. A certificate of occupancy shall be issued, where appropriate, within 10 days after application therefore is made. Failure to act upon such application within 10 days shall constitute approval of such application, and the building or portion thereof may thereafter be occupied as though a certificate of occupancy has been issued.
(5) 
Issuance. When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him.
(6) 
Denial. If it found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformance with the applicable building regulations.
(7) 
Certification. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
(8) 
Recording. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished upon request to any agency of the Town or to any persons having a proprietary or tenancy interest in the building or land affected.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.
There is hereby designated in the Town of Greenville a public official to be known as the "Building Inspector," who shall be appointed by the Town Board at a compensation to be fixed by it.
A. 
Appointment of assistant building inspectors. The Town Board may appoint one or more assistant building inspectors, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his powers and duties. The compensation of such assistant building inspector shall be fixed by the Town Board.
B. 
Acting Building Inspector. In the absence of the Building Inspector or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on the behalf of the Building Inspector and to exercise all of the powers conferred upon him by the law.[1]
[1]
Editor's Note: Former § 733, Restrictions on employees, which immediately followed this section, was repealed 8-11-1993 by L.L. No. 2-1993.
C. 
Duties and powers of the Building Inspector.
(1) 
Administration and enforcement. Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of laws, ordinances and regulations, applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof; such administration and enforcement is to be in accordance with the most strict interpretation of all pertinent laws, ordinances and regulations.
(2) 
Issuance of permits and certifications. He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been issued, for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction and, upon application, of certifying fitness for occupancy.
(3) 
Ensurance of compliance. He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations.
(4) 
Inspection. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from assistant building inspectors or other employees of the Building Department or from generally recognized or authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof. The Building Inspector or his duly authorized assistant(s), upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at a reasonable hour, and no person shall interfere with or prevent such entry.
(5) 
Tests. Whenever the same may be necessary appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
(6) 
Final grades. With the assistance of the Town Engineer where necessary, the Building Inspector has the power to control the final grades on any property.
(7) 
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be written, signed by the complainant and filed with the Building Inspector. The Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each complaint, which records shall be public records.
A. 
Records. The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.
B. 
Reports. The Building Inspector shall be present at each regular meeting of the Town Board and shall, monthly as well as annually, submit to the Town Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, appeals or litigation pending and all complaints or violations, with the action taken by him consequent thereon.
The Building Inspector may request and shall receive, so for as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
All applications to the Board of Appeals shall commence with the Building Inspector, (Zoning Officer), by application for a permit, either for a structure or a use, for a particular parcel. The Building Inspector will then advise the applicant that the permit or use are denied because of nonconformance with this chapter and the sections of this chapter which set conforming standards. For all denials, (except those of a prohibited use), the Building Inspector shall transmit to the Board of Appeals a letter citing the denial of permit or use, for the parcel, (identified by owner, section, block and lot) and the sections of this chapter causing such denial. A copy of this letter shall be sent to the Planning Board for reference purposes.
A. 
Creation, appointment and organization. There shall be a Board of Appeals of five members pursuant to the provisions of Article 16 of the Town Law.
B. 
Permitted action by Zoning Board of Appeals.
[Amended 12-11-1996 by L.L. No. 5-1996]
(1) 
Definitions. As used in this section:
USE VARIANCE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
AREA VARIANCE
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
(2) 
Orders, requirements, decisions, interpretations, determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter and, to that end, shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
(3) 
Use variances. The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
(a) 
No use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1] 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2] 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3] 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4] 
The alleged hardship has not been self-created.
(b) 
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(4) 
Area variances. The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
(a) 
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
[1] 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2] 
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;
[3] 
Whether the requested area variance is substantial;
[4] 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5] 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(b) 
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(5) 
Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
C. 
Zoning Board of Appeals procedure.
[Amended 12-11-1996 by L.L. No. 5-1996[1]]
(1) 
Meetings, minutes, records. Meetings of the Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
(2) 
Filing requirements. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Town Clerk within five business days and shall be a public record.
(3) 
The Board of Appeals shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.
(4) 
Hearing appeals. The jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the administrative official charged with the enforcement of this chapter. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.
(5) 
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of this chapter by filing with such administrative official and with the Board of Appeals a notice of appeal on forms prescribed by the Board, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. All appeals shall be accompanied by a fee set from time to time by the Town Board in Chapter A212, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of this chapter, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
(7) 
Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in the official newspaper of the Town at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal or a reasonable fee relating thereto shall be borne by the appealing party and shall be paid to the Board of Appeals prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney.
(8) 
Additional notice. In addition to such published notice, the Board of Appeals shall cause notice to be given of the substance of every appeal for a use variance or an area variance, together with notice of the hearing thereon, by causing notices thereof to be mailed by postal card or other means at least 10 days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such appeal) and all other owners within 200 feet, or such additional distance as the Board of Appeals may deem advisable, from the exterior boundaries of the land involved in such appeal, as the names of said owners appear on the last completed assessment roll of the Town. It shall be the appealing party's responsibility to issue any or all of the notices required by this section. Provided that due notice has been published as above required and that there shall have been substantial compliance with the remaining provisions of this subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Appeals in connection with the order, decision or determination of any appeal.
(9) 
Time of decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(10) 
Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Town Clerk, within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
(11) 
Notice to Park Commission or Planning Agency. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the Orange County Planning Department for review in accordance with the provisions of §§ 239-l and 239-m of the General Municipal Law if the property affected by such appeal lies within 500 feet of the boundary of any other municipality, County or state park or right-of-way of any County- or state-controlled access highway or drainage channel or from the boundary of any County- or state-owned land on which a public building is situated.
(12) 
Neighboring municipalities affected. If the property affected by such appeal lies within 500 feet of the boundary of any other municipality, the Town Clerk shall also transmit to the municipal Clerk of such other municipality a copy of the official notice of the public hearing thereon not later than the day after such notice appears in the official newspaper of the Town.
(13) 
Compliance with State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(14) 
Notice to Planning Board. At least 10 days before the date of any public hearing, the Secretary of the Zoning Board of Appeals shall transmit to the Secretary of the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board may submit to the Board of Appeals an advisory opinion on said appeal or application at any time prior to the rendering of a decision by the Board of Appeals.
(15) 
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
(16) 
Unless work is commenced and diligently prosecuted within one year of the date of the granting of a use variance or area variance, such variance shall become null and void.
[1]
Editor's Note: This local law also repealed former §§ 744, Variance, and 745, Procedure.
A. 
Illegal activities. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, demolish, equip, use, occupy or maintain any building, structure or portion thereof in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter, use or occupy any building, structure or part thereof, in any manner not permitted by an approved building unit or certificate of occupancy.
B. 
Penalties. Any person who shall fail to comply with a written order of the Building Inspector within five days following written notice served by mail or by personal service by the Building Inspector that a violation of any provisions of this law exists; and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be guilty of an offense within the meaning of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a fine of not less then $75 nor more than $1,000 or by imprisonment for a period not exceeding 30 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.
[Amended 8-11-1993 by L.L. No. 2-1993; 7-24-1996 by L.L. No. 2-1996]
C. 
Informations. Upon probable cause that any provision of this chapter has been or is being violated, the Building Inspector is hereby authorized to file an information, the contents of which shall comply with the requirements of the Criminal Procedure Law of the State of New York, in the Town Court of the Town of Greenville.
[Amended 7-24-1996 by L.L. No. 2-1996]
D. 
Prosecutions. The Town Attorney for the Town of Greenville is hereby authorized to prosecute any informations filed in the Town Court pursuant to this section.
[Amended 7-24-1996 by L.L. No. 2-1996]
E. 
Exceptions. This section shall not apply to violations of the provisions of the State Building Construction Code punishable under § 385 of the Executive Law of the State of New York; nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
F. 
Abatement of violation. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to the penalties prescribed in the preceding section.
In their interpretation and application, the provisions of this law shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except where specially provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelter or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of building or premises or requires larger open spaces than are imposed or required by any other statute, ordinance, rule, regulation or permit or by any easement or agreement, the provisions of this chapter shall control. In the event of any conflict between any provisions of this chapter, the more restrictive provisions shall control.