A Codes Official, designated by the Village
Board of Trustees to serve at the pleasure of the Board, shall administer
and enforce this chapter. He may be provided with the assistance of
such other persons as the Village Board of Trustees may direct. If
the Codes Official shall find that any of the provisions of this chapter
are being violated, he shall notify in writing the person responsible
for such violations and the Village Board of Trustees, indicating
the nature of the violation and ordering the action necessary to correct
it. He is hereby empowered to order discontinuance of illegal use
of land, buildings or structures; removal of illegal buildings or
structures or of additions, alterations or structural changes thereto;
discontinuance of any illegal work being done; or to take any other
action authorized by this chapter to ensure compliance with or to
prevent violation of its provisions.
A.
No building or other structure shall be erected, moved,
added to or structurally altered without a permit therefor issued
by the Codes Official. No permit shall be issued except in conformity
with the provisions of this chapter, except after written order from
the Board of Appeals.
B.
No permit shall be issued where the proposed structure is located in a flood hazard location except in conformity with § 300-31B of this chapter.
C.
Where a site development plan is required by this
chapter, no building permits shall be issued for any buildings or
structures on the site until the site development plan has been approved
by the Planning Board.
A.
All applications for building permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual dimensions
and shape of the lot to be built upon; the exact sizes and locations
on the lot of buildings already existing, if any; and the location
and dimensions of the proposed building or alteration. The application
shall include such other information as lawfully may be required by
the Codes Official, including existing or proposed buildings or alterations;
existing or proposed uses of the buildings and land; the number of
families, housekeeping units or rental units the building is designed
to accommodate; conditions existing on the lot; and such other matters
as may be necessary to determine conformance with and provide for
the enforcement of this chapter. One copy of the plans shall be returned
to the applicant by the Codes Official after he shall have marked
such copy either as approved or disapproved and attested to same by
his signature on such copy. The second copy of the plans, similarly
marked, shall be retained by the Codes Official.
A.
It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both or part thereof,
hereafter created, erected, changed, converted, or wholly or partly
altered or enlarged in its use or structure until a certificate of
zoning compliance shall have been issued therefor by the Codes Official,
stating that the proposed use of the building or land conforms to
the requirements of this chapter.
B.
No nonconforming structure or use shall be renewed,
changed or extended until a certificate of zoning compliance shall
have been issued by the Codes Official. The certificate of zoning
compliance shall state specifically wherein the nonconforming use
differs from the provisions of this chapter.
C.
No permit for erection, alteration, moving or repair
of any building shall be issued until an application has been made
for a certificate of zoning compliance, and the certificate shall
be issued in conformity with the provisions of this chapter upon completion
of the work. A temporary certificate of zoning compliance may be issued
by the Codes Official for a period not exceeding six months during
alterations or partial occupancy of a building pending its completion,
provided that such temporary certificate may require such conditions
and safeguards as will protect the safety of the occupants and the
public. The Codes Official shall maintain a record of all certificates
of zoning compliance, and copies shall be furnished upon request to
any person.
D.
Failure to obtain a certificate of zoning compliance
shall be a violation of this chapter.
If the work described in any building permit
has not begun within 90 days from the date of issuance thereof, said
permit shall expire. If the work described in any building permit
has not been substantially completed within two years of the date
of issuance thereof, said permit shall expire and be canceled by the
Codes Official, and written notice thereof shall be given to the persons
affected, together with notice that further work as described in the
canceled permit shall not proceed unless and until a new building
permit has been obtained.
Building permits or certificates of zoning compliance
issued on the basis of plans and specifications approved by the Codes
Official authorize only the use, arrangement and construction set
forth in such approved plans and specifications and no other use,
arrangement or construction. Use, arrangement or construction at variance
with that authorized shall be a violation of this chapter.
The New York State Building Construction Code
was adopted by the Village Board, and its successor, the New York
State Uniform Fire Prevention and Building Code, is hereby adopted
and recognized as the official Building Construction Code of the Village
for the purposes set forth therein and as it may be amended from time
to time.
The Codes Official may revoke a building permit
or certificate of zoning compliance issued in any one of the following
circumstances:
A.
There has been a false statement or misrepresentation
as to a material fact in the applications, plans, specifications or
other accompanying documents upon which the building permit or certificate
of zoning compliance was based.
B.
The building permit or certificate of zoning compliance
was issued in error and should not have been issued in accordance
with the applicable laws.
C.
The holder or the applicant has failed to meet the
requirements of an approved site development plan or subdivision plat
or the requirements of a special permit granted by the Village Board
or Board of Appeals.
D.
The work being performed under the permit or certificate
is not in accordance with the provisions of the application, the permit
or certificate, or the plans or specifications.
Whenever the Codes Official shall determine
that work on any building or structure is being or has been conducted
in violation of any of the provisions of the State Building Code,
state, federal, county or Village laws, rules or regulations; or has
failed to meet or violates any requirement of an approved site development
plan or subdivision plat, including but not limited to the required
drainage, grade or elevation plans, sewer and septic plans, approved
road profile plans, and such other plans or specifications upon which
a building permit was issued; or that any work is being conducted
in a dangerous or unsafe manner, then the Codes Official shall notify
the owner of the property or the owner's agent or the person performing
the work to suspend and halt work. Such direction by the Codes Official
(a "stop-work order") shall be in writing and delivered to the owner
or the owner's agent or the person performing the work, or affixed
to any part of said structure. Such stop-work order shall state the
reasons therefor and the conditions under which the work may be resumed.
Should work continue in violation of the stop-work order, the Codes
Official may, without further notice, revoke the building permit and,
if there is a certificate of zoning compliance, revoke the same.
A.
Complaints. Whenever a violation of this chapter occurs,
or is alleged to have occurred, any person may file a signed, written
complaint. Such complaint, stating fully the causes and basis thereof,
shall be filed in duplicate with the Codes Official, who shall deliver
one copy to the Village Board of Trustees. He shall record properly
such complaint, immediately investigate, and take action thereon,
as provided by this chapter.
B.
Penalties.
[Amended 4-21-2003 by L.L. No. 4-2003]
(1)
Any person who shall violate any provision of this
chapter, or shall build or alter any structure or use any land in
violation of any statement or plan submitted and approved thereunder,
or shall knowingly assist therein, shall be liable for the following
penalties:
(2)
Each week of continued violation after notice will
constitute a separate additional violation. For the purpose of conferring
jurisdiction upon courts and judicial officers, violations shall be
deemed misdemeanors. In addition to the foregoing provisions, the
Village of Cooperstown shall have such other remedies for any violation
or threatened violation of this chapter as are now or may hereafter
be provided by law.
Whenever the Codes Official shall approve or
disapprove, act or fail to act, or otherwise perform any of his duties,
or shall render a decision thereon, such decision shall be reviewable
by appeal to the Board of Appeals from the Codes Official's decision.
Such appeal shall be taken not more than 30 days after the filing
of the decision of the Codes Official in the office of the Codes Official.
