Village of Cooperstown, NY
Otsego County
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Table of Contents
Table of Contents
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.
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.
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.
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.
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.
An application for a building permit shall be accompanied by a fee in accordance with the Standard Schedule of Fees of the Village of Cooperstown.[1]
Editor's Note: Current fees are on file in the office of the Village Clerk.
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.
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.
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.
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:
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.
The building permit or certificate of zoning compliance was issued in error and should not have been issued in accordance with the applicable laws.
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.
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.
The holder of the permit has failed or refused to comply with a stop-work order issued by the Codes Official under § 300-62 below.
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.
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.
[Amended 4-21-2003 by L.L. No. 4-2003]
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:
First offense: At least $250 but no more than $500.
Second offense: At least $1,000 but no more than $1,500.
Third (and subsequent) offense(s): At least $1,500 but no more than $2,500 or imprisonment not exceeding 30 days, or both such fine and imprisonment.
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.