In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of public health, morals, safety or general
welfare of this Village. Wherever the requirements of this chapter
are at variance with the requirements of any other adopted rules,
regulations, codes or ordinances, the most restrictive or that imposing
the higher standard shall govern.
This chapter shall be enforced by the Superintendent
of Buildings or such other person as the Board of Trustees may hereafter
designate. No building permit or certificate of occupancy shall be
issued by such Superintendent or other official appointed as aforesaid,
except where the provisions of this chapter or the Building Code[1] have been complied with.
The Superintendent of Buildings shall require
that the application for a building permit, and the accompanying plot
plan, shall contain all the information necessary to enable him to
ascertain whether the proposed building complies with the provisions
of this chapter and other codes and ordinances of the Village. The
application aforementioned shall be upon a form submitted by the Superintendent
of Buildings.
No building permit shall be issued until the
Superintendent of Buildings has certified that the proposed building
or alteration complies with all the provisions of this chapter and
of the Building Code[1] and other codes and ordinances of the Village applicable
thereto.
[1]
Editor's Note: Former § 252-105,
Requirements for the erection of houses in new subdivisions, was repealed
3-24-2003 by L.L. No. 2-2003.
It shall be unlawful for any person to commence work for the erection or alteration of any building until a building permit has been duly issued therefor. Notice that such permit has been issued shall be kept posted on the premises until completion thereof. No permit shall be issued for the construction or alteration of any building for a use which is prohibited by a proposed Zoning Ordinance. Where the chapter does not expressly permit the use applied for, nor expressly prohibit such use, the permit applied for shall be denied by the Superintendent of Buildings. The applicant shall have the right to take an appeal from such denial and to apply to the Board of Appeals for a variance. The provision shall also apply with respect to any application or petition concerning a change in front yard, side yard or rear yard requirements. It shall also apply to any application made for an exception provided for in Article IX.
No land shall be occupied or used and no building
hereafter erected, altered or extended shall be used or changed in
use until a certificate of occupancy shall have been issued by the
Superintendent of Buildings or other person designated by the Board
of Trustees in accordance with the provisions of the Building Code.[1]
A.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this chapter or
of any regulations made pursuant thereto, in addition to other remedies
provided by law, any appropriate action or proceeding, whether by
legal process or otherwise, may be instituted or taken to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation and to prevent the occupancy of said building, structure
or use in or about such premises.
B.
For any and every violation of the provisions of this
chapter, the owner, general agent or contractor of a building or premises
where such violations have been committed or shall exist and the lessee
or tenant of any entire building or entire premises where such violations
have been committed or shall exist or the owner, general agent, contractor,
lessee or tenant of any part of a building or premises in which part
such violation has been committed or shall exist and the general agent,
architect, builder or contractor or any other person who takes part
or assists in any such violation or who maintains a building or premises
in which any violation shall exist shall be guilty of a violation
as defined in the Penal Law of the State of New York, punishable by
a fine not exceeding $350 or imprisonment for a period not to exceed
15 days, or both, for a first violation; for a second violation, both
of which were committed within a period of five years, punishable
by a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed 15 days, or both; and for a third or subsequent
violation, all of which were committed within a period of five years,
punishable by a fine of not less than $700 nor more than $1,000 or
imprisonment for a period not to exceed 15 days, or both, for each
such third or subsequent violation. Each week's continued violation
shall constitute a separate additional violation.
[Added 9-19-1988 by L.L. No. 14-1988; amended 3-2-1992 by L.L. No. 5-1992]
C.
A violation or failure to comply with any requirement
of a special permit, variance or special exception or with any condition
imposed by the Board of Trustees or Board of Appeals in connection
with and as part of the granting of affirmative relief on an application
for a special permit, variance or special exception is a violation
of this chapter.
[Added 10-4-1993 by L.L. No. 9-1993]
D.
In connection with all violations concerning transient dwelling units in §§ 252-12A(13), 252-28, 252-30A(34), 252-38A(26) and 252-45A(55), the owner of a building or premises, or a person listing for rent a building or premises, where such violations have been committed, or where such violations shall exist, shall pay a civil fine of not less than $2,500. For a second violation, the owner shall pay a civil fine of not less than $5,000. For a third and all subsequent violations, the owner shall pay a civil fine of not less than $7,500. The amounts of these fines may be changed by resolution of the Board of Trustees. Each week's separate violation shall constitute a separate violation.
[Added 4-24-2023 by L.L. No. 2-2023]
