City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 5-4-1992 by L.L. No. 3-1992. Amendments noted where applicable.]

§ 85-1 Purpose.

The purpose of this chapter is to prohibit the processing and approval of any and all applications for approval and issuance of any permit or certificate of occupancy or use by any Board or Official of the City of Beacon for any property owner who has outstanding real estate taxes and special assessments or outstanding violations of any local laws or ordinances of the City of Beacon on any properties owned by the applicant situated within the City of Beacon.

§ 85-2 Short title.

This chapter shall be known as "Application Processing Restriction Law of the City of Beacon."

§ 85-3 Applicability.

This chapter shall apply to the provisions of all the local laws and ordinances adopted by the City of Beacon for any and all applications submitted on or after the effective date of this chapter.

§ 85-3.1 Definitions.

[Added 8-4-1997 by L.L. No. 6-1997]
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
An individual who owns at least 5% of the interest in a corporation or is a partner in a business entity shall be granted the same legal status as the corporation or partnership in which said individual owns an equity interest for the purpose of determining whether said individual, corporation or partnership is an applicant under this chapter.

§ 85-4 General provisions.

A. 
Simultaneous with the filing of an application to any Board or Official of the City of Beacon as listed below, an applicant must submit proof, using the affidavit attached hereto,[1] that no outstanding real estate taxes or special assessments, together with all penalties and interest thereon, exist for any properties owned by the applicant situated within the City of Beacon and that no outstanding violations of any local law or ordinance of the City of Beacon exist thereon:
(1) 
Applications to the City Council for:
(a) 
Petitions to amend the Zoning Ordinance.
(b) 
Special use permit.
(c) 
Planned unit development.
(d) 
Authorization to contract with the City of Beacon for the provision of services or purchase or sale of property, goods and services.
[Added 7-6-1998 by L.L. No. 8-1998]
(2) 
Applications to the Planning Board for:
(a) 
Subdivision approval.
(b) 
Site plan approval.
(3) 
Applications to the Zoning Board of Appeals for:
(a) 
Variances.
(4) 
Applications to the Building Inspector for:
(a) 
Building permit.
(b) 
Sign permit.
(c) 
Certificate of occupancy or municipal search response.
[Amended 8-4-1997 by L.L. No. 6-1997]
(d) 
Blasting permit.
(e) 
Demolition permit.
(f) 
Municipal record search.
[Added 6-2-1997 by L.L. No. 4-1997]
[1]
Editor's Note: The affidavit is on file in the City offices.
B. 
The processing and approval of any and all applications for approval and issuance of any permit or certificate of occupancy or use by any board or official of the City of Beacon for any property owner who has outstanding real estate taxes and special assessments or outstanding violations of any local laws or ordinances of the City of Beacon or any properties owned by the applicant situated within the City of Beacon are hereby prohibited except to the extent that the City Attorney can verify that there are sufficient monetary funds on deposit in an attorney escrow account to cover any and all outstanding amounts owed to the City of Beacon. In that event, the application form must contain a statement signed by the City Attorney which verifies that there are sufficient monetary funds on deposit in an attorney escrow account to cover any and all outstanding amounts owed to the City of Beacon.
[Amended 8-20-2001 by L.L. No. 14-2001]
C. 
In the event that an application is in process before any of the boards or officials as listed above and a violation of this chapter occurs, processing of the application shall cease upon presentation of proof of the violation by the Receiver of Taxes or Code Enforcement Officer of the City of Beacon except to the extent that the City Attorney can verify that there are sufficient monetary funds on deposit in an attorney escrow account to cover any and all outstanding amounts owed to the City of Beacon. In that event, the application form must contain a statement signed by the City Attorney which verifies that there are sufficient monetary funds on deposit in an attorney escrow account to cover any and all outstanding amounts owed to the City of Beacon.
[Amended 8-20-2001 by L.L. No. 14-2001]

§ 85-5 Exceptions.

[Amended 8-20-2001 by L.L. No. 14-2001]
This chapter shall not apply to the processing of an existing application for a building permit intended to cure existing violations of the New York State Uniform Fire Prevention and Building Code and/or the Beacon Code of Ordinances. Once said violations have been corrected, the provisions of this chapter will take effect except to the extent that the City Attorney can verify that there are sufficient monetary funds on deposit in an attorney escrow account to cover any and all outstanding amounts owed to the City of Beacon. In that event the application form must contain a statement signed by the City Attorney which verifies that there are sufficient monetary funds on deposit in an attorney escrow account to cover any and all outstanding amounts owed to the City of Beacon.