Village of Suffern, NY Article VIII Administration and Enforcement

§ 266-43 Compliance required.

No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure or for any use of land, building or structure that would not be in full compliance with the provisions of this Zoning Law, except as permitted under Article IX of this Zoning Law. Any permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this Zoning Law shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.

§ 266-44 Code Enforcement Officer.

This Zoning Law shall be enforced by the Code Enforcement Officer and one or more Assistant Code Enforcement Officers as deemed necessary, referred to herein individually and collectively as the "Code Enforcement Officer," as appointed by the Board of Trustees. It shall be the duty of the Code Enforcement Officer and he is hereby empowered to:

A. Inspect any building, structure or land to determine whether any violations of this Zoning Law have been committed or exist, whether or not such building, structure or land is occupied and whether or not a certificate of occupancy or certificate of use has been issued.

B. Keep the Board of Trustees advised of all matters pertaining to the enforcement of this Zoning Law; to make and keep all records necessary and appropriate to the office, including records of written complaints of violation of this Zoning Law and action taken on same.

C. Keep the Planning Board advised of all matters referred to the Code Enforcement Officer, including written complaints of violation of this Zoning Law and action taken on same.

D. Issue and post notices of violations, stop orders, revocation of certificates of occupancy and use and appearance tickets and shall order the remedying of any condition or omission that is found to be in violation of this Zoning Law. In addition, by resolution, the Board of Trustees, after a public hearing, may direct the Code Enforcement Officer to revoke such certificates of occupancy or use, issue such stop orders, make such inspection and reports, initiate and take such court proceedings and perform all other actions as required by the Board of Trustees as may be necessary to enforce this Zoning Law or to invoke penalties for its violation.

§ 266-45 Building Inspector.

A. This Zoning Law and the Building Code shall be administered by the Building Inspector and one or more Assistant Building Inspectors as deemed necessary, referred to collectively as the "Building Inspector," as appointed by the Board of Trustees.

B. It shall be the duty of the Building Inspector and he is hereby empowered to:

(1) Perform the duties listed in § 266-44A through 266-44D of this Zoning Law.

(2) Receive and review applications for building permits and to issue building permits.

(3) Receive and review applications for certificates of occupancy and to issue certificates of occupancy.

(4) Receive and review applications for certificates of use and to issue certificates of use.

(5) Issue and post notices of building permits and to order the remedying of any condition or omission that is found to be in violation of this Zoning Law. In addition, by resolution, the Board of Trustees, after public hearing, may direct the Building Inspector to revoke such building permits.

C. The Building Inspector shall attend Planning Board meetings as requested.

§ 266-46 Compliance; stop-work order.

A. No building permit, certificate of occupancy or certificate of use shall be issued unless the proposed construction or use is in conformity with all the provisions of this Zoning Law and other applicable laws.

B. Whenever the Building Inspector, Code Enforcement Officer or authorized agent thereof determines that work on any building, structure or lot is being or has been conducted in violation of any provision of the Building Code, state, federal, County or Village laws, rules or regulations or any requirements of an approved and signed site plan or subdivision plat, including required drainage, grade, elevation or road profile plans or any other plans or specifications upon which a building permit was issued, or that any work has been conducted in a dangerous or unsafe manner, then the Building Inspector or Code Enforcement Officer shall notify the owner of the property, the owner's agent or the person performing the work to suspend and halt work. If work remains to be performed on such buildings, structure or lot, such persons shall forthwith stop such work and suspend all building activities on the affected building or structures until the stop-work order has been rescinded. Such stop-work 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 or structure under construction and sending a copy of the same by certified mail. Any person aggrieved by such a stop-work order may appeal to the Board of Appeals within 60 days to review the same, and the Board of Appeals, on such review, may affirm, modify or reverse the action of the Building Inspector or Code Enforcement Officer, as the facts may warrant.

C. Where the determination of violation concerns a building or structure for which a certificate of occupancy or use has already been issued, the Building Inspector or Code Enforcement Officer may revoke the certificate of occupancy or use in accordance with § 266-49D or § 266-50D of this Zoning Law. Upon revocation of the certificate of occupancy or use, the occupants then have a maximum period of 60 days in which to vacate the premises.

§ 266-47 Issuance of building permits.

A. When required. A building permit is required for the construction, reconstruction, relocation, demolition and alteration of a building or structure, including the addition of or change to electric, gas heating and plumbing facilities, wood stoves and the conversion of previously uninhabited space to habitable space. The paving of nonresidential parking areas and associated driveways also requires the issuance of a building permit. Prior to the Building Inspector issuing a building permit for paving, the Planning Board shall have approved a site plan for paving.

B. Application.

(1) Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:

(a) A description, agreeing with the current Tax Map of the Village of Suffern, of the lot on which the proposed work is to be done.

(b) A statement of the existing and proposed use or occupancy of all parts of the lot and of the building or structure.

(c) The valuation of the proposed work.

(d) The full name and address of the owner, applicant and occupant, including the names and addresses of each officer and director of any corporation or each member of a partnership.

(e) A brief description of the nature of the proposed work.

(2) All applications shall be accompanied by two copies of the site plan bearing the signature of the Planning Board Chairman pursuant to § 266-60, if required.

(3) Each application for a building permit shall be accompanied by plans and specifications, including plot plans as required, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, widths and grades of adjoining streets, walks and alleys, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Such plans and specifications shall include, on the plot plan or site plan, the proposed location of all underground facilities, including: gas service, electric service, sewer lines, drainage lines (including routing of drainage from roof leaders and footing drains to a positive outlet), water lines, sprinkler lines, telephone lines, etc. The building plans shall include plans for mechanical services, including gas, electric, water, heating and air conditioning. Plans and specifications shall bear the signature of the person responsible for the design and drawings, the date and, if required, the architect's or engineer's signature, seal and New York State license number.

(4) 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 that the proposed work is authorized by the owner and that the applicant is authorized to make such application.

(5) Any amendment to the application or to the plans and specifications accompanying same must be filed and approved by the Building Inspector prior to the completion of the work, and such amendments shall comply with the provisions of this Zoning Law. The granting or refusal of such an amendment by the Building Inspector shall be in writing and may be reviewed by appeal to the Board of Appeals within 60 days after such determination is filed by the Building Inspector.

C. Approval or disapproval.

(1) The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith for compliance with this Zoning Law and all applicable laws. Within 30 days of receipt of same, he shall approve or disapprove the permit. An appeal from the approval or disapproval of any application by the Building Inspector shall be made to the Board of Appeals within 60 days after the determination of the Building Inspector has been filed in the office of the Building Inspector or endorsed on the building plans filed in said office. Any final determination of disapproval shall be indicated in writing, together with the copies thereof filed in the office of the Building Inspector, and mailed to the applicant.

(2) Where site plan approval is required pursuant to the requirements of this Zoning Law, the Building Inspector shall refer the application to the Planning Board for review under these regulations, and, in such cases, site plan approval will be required prior to any issuance of a building permit.

(3) Upon approval of the applications and upon receipt of the fees therefor, he shall promptly 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. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved."

(4) One set of such approved and signed plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site and open to inspection by the Building Inspector or his authorized representative at all reasonable times. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant.

D. Notification of adjoining property owners. The applicant shall notify the owners of adjoining properties and properties across the street from the subject property of any decision made by the Building Inspector regarding approval of the building permit. Such notification shall be issued within 10 days of the decision and shall be sent by certified mail. Where a final determination has been made by the Zoning Board of Appeals on an appeal of an approval or disapproval of a building permit application, the applicant shall notify, by certified mail, the owners of adjoining properties and properties across the street from the subject property of such a determination.

E. Expiration and extension. Every building permit shall expire at the end of one year from the date issued. If construction is not completed within said one-year period, the Building Inspector may, for due cause shown, extend the permit for a period not to exceed one year. A renewal fee is applicable as provided for in the Schedule of Fees.[1]

[1] Editor's Note: See Ch. A275, Fees.

F. Liability insurance. In the event any application for a building permit provides for construction or other activity involving operation of equipment, personnel or placement of materials which may hazard a public street, way, easement or public property, prior to issuing such building permit, the applicant shall present evidence of liability insurance naming the Village as the insured and saving the Village harmless, in an amount to be set on an individual basis by the Building Inspector and dependent on the degree to which the proposed activity may create a hazard, in a form acceptable to the Village Attorney. Additionally, property damage insurance or other surety acceptable to the Village Attorney may be required where such construction or activity may damage public property, including sidewalks, paving, signs or landscaping. In reviewing any application hereunder, the Building Inspector shall determine whether such hazard may exist by virtue of the nature of activity described in such application. Where, after a building permit has been issued without such liability insurance, it shall appear that such hazards are present, the Building Inspector may, on due notice given, require such insurance and may suspend such activity pending receipt of the required liability policy.

G. Fees. Every application for a building permit pursuant to this Zoning Law and/or the Building Code shall be accompanied by a fee in accordance with the Fee Schedule of the Village of Suffern.[2]

(1) Upon application by a property owner, the Board of Trustees may refund a portion of a building permit fee paid if the Building Department was not required to undertake substantial work or inspections with respect to the work or construction for which the permit was issued. In making a determination as to whether to make such a partial refund and the amount thereof, the Board of Trustees shall consider:

(a) The amount of work or inspection required to be made by the Building Department;

(b) Whether all or substantially all of the work was inspected and certified by a professional engineer or other professional approved by and acceptable to the Building Inspector, thereby eliminating the necessity of inspections by the Building Department;

(c) Whether the fee charged in accordance with the Standard Schedule of Fees in the particular instance is grossly and severely unfair and inequitable under the circumstances;

(d) Whether the applicant has acted in good faith and equitably in all matters relating to the application for a building permit, construction and compliance with applicable laws, rules and regulations;

(e) Whether it is in the best interests of the Village of Suffern to refund a portion of the building permit fee paid.

(2) An application for such a refund shall be filed with the Village Clerk within 60 days after the issuance of a certificate of occupancy and shall set forth the basis for the request for a refund. No application may be made for such refund unless the full amount of the building permit fee has been paid and no violations exist with respect to the property. The Village Clerk shall transmit such application to the Building Inspector for his review and recommendations. The Building Inspector shall render a recommendation on the application to the Board of Trustees within 60 days after referral to him and shall refer to the foregoing considerations therein and provide to the Board of Trustees whatever documentation and records as are relevant in considering the matter. Thereafter, the Board of Trustees shall determine, based on the foregoing considerations, whether to provide a refund and the amount thereof. No refund of a building permit fee shall be made unless it is determined, as a consequence of the facts and circumstances, the building fee charged is grossly excessive and that no substantial inspection or similar work was required to be undertaken by the Building Department.

[2] Editor's Note: See Ch. A275, Fees.

§ 266-48 Certificates of occupancy and/or use.

No building or structure for which a building permit has been issued shall be occupied or used in whole or in part until a certificate of occupancy and/or certificate of use shall have been issued by the Building Inspector. No certificate of occupancy or certificate of use shall be issued until such off-street parking and loading spaces have been provided for in accordance with the requirements of Article VII of this Zoning Law.

A. A certificate of occupancy and certificate of use shall be required for any new construction where one tenant will occupy the building, lot or portion thereof.

B. A certificate of occupancy shall be required for the shell of the building where new construction is proposed and multiple tenants will occupy the building. A certificate of use shall be required for each individual tenant.

C. A certificate of occupancy and a certificate of use shall be required for an existing building, structure, lot or portion thereof, where only one tenant occupies the building, and where a change of use, as defined herein or in the Village of Suffern Site Plan Regulations,[1] is proposed.

[1] Editor's Note: See Ch. 228, Site Plan Regulations.

D. A certificate of use shall be required for an existing structure where an individual or multiple tenants occupy a building and a change of use, as defined in this Zoning Law, is proposed. A change of use of a building, structure or lot is interpreted for purposes of this Zoning Law as:

(1) A change that results in a difference in the numerical listing or the use column (permitted, accessory or special permit) for a use as specified in § 266-22, Schedule of General Use Requirements.[2]

[2] Editor's Note: The Schedule of General Use Requirements is located at the end of this chapter.

(2) A change in the off-street parking standards for a use as specified in § 266-22, Schedule of General Use Requirements.

(3) A change in a building's facade.

§ 266-49 Issuance of certificates of occupancy.

A. Application and affidavit. The owner or his agent shall make 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:

(1) A complete set of as-built drawings showing the as-built locations of all the underground facilities and the interior mechanical services, as specified in § 266-47B(3) of this Zoning Law. These plans shall be signed and certified by a New York State registered architect or licensed professional engineer.

(2) An affidavit of the registered architect or licensed professional engineer who supervised the construction of the work. 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 the approved plans and, as erected, complies with this Zoning Law and the law governing building construction, including all subdivision regulations and the requirements of any approved subdivision plat or site plan, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

B. Issuance of certificate. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and lots for which an application has been filed. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the law.

C. Fees. Every application for a certificate of occupancy shall be accompanied by a fee as set forth in the Fee Schedule of the Village of Suffern.[1]

[1] Editor's Note: See Ch. A275, Fees.

D. Termination. A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy of the building or land to which it applies and shall continue in effect so long as such building or land is used for the use authorized in the certificate. If the terms of such certificate are violated by the holder thereof, the Building Inspector or Code Enforcement Officer may, by service of notice of violation, revoke such certificate, which order of revocation is, however, subject to review by the Board of Appeals by the holder thereof taking an appeal to the Board of Appeals within 30 days of service of said order of termination.

E. Copies. Copies of every certificate of occupancy issued hereafter shall be furnished to the Planning Board or Board of Appeals for those applications they approve and, on the payment of the regular application fee therefor, to any other person. The fees required from the general public for copies of public documents shall be in accordance with the Fee Schedule of the Village of Suffern.[2]

[2] Editor's Note: See Ch. A275, Fees.

F. Temporary certificate of occupancy. Upon request, the Building Inspector may issue a temporary certificate of occupancy for a period not to exceed 90 days prior to the completion of any required landscaping, concrete work or other improvements which may not be installed due to seasonal constraints, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. The Building Inspector shall require surety from the owner or holder of the building permit, which surety shall run to the benefit of the Village for a term not exceeding 90 days. The amount of said surety shall be sufficient to cover the cost to complete the work and shall be set and held by the Village Board of Trustees, upon the advice of the Building Inspector and the Department of Public Works, with the approval of the Planning Board, and in such form acceptable to the Village Attorney. Every application for a temporary certificate of occupancy shall be accompanied by a fee in accordance with the Fee Schedule of the Village of Suffern.

§ 266-50 Issuance of certificates of use.

A. Application and affidavit. The owner or his agent shall make application for a certificate of use.

B. Issuance of certificate. Before issuing a certificate of use, 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; and he will conduct such inspections during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the law. However, any certificate of use for the establishment of any use of a building or land requiring a special permit as listed in the Schedule of General Use Regulations,[1] and any other particular use requiring the approval of the Planning Board, shall be issued only with the authorization of the Planning Board. Every certificate of use for which a special permit or variance has been granted shall contain a detailed statement of such special permit or variance and of the conditions to which the same is subject.

[1] Editor's Note: The Schedule of General Use Requirements is located at the end of this chapter.

C. Fees. Every application for a certificate of use shall be accompanied by a fee as set forth in the Fee Schedule of the Village of Suffern.[2]

[2] Editor's Note: See Ch. A275, Fees.

D. Termination. A certificate of use shall be deemed to authorize and is required for both initial and continued use of the building or lot to which it applies and shall continue in effect so long as such building or land is used for the use authorized in the certificate of use. If the terms of such certificate of use are violated by the holder thereof, the Building Inspector may, by service of notice of violation, terminate such certificate of use, which order of termination is, however, subject to review by the Board of Appeals by the holder thereof taking an appeal to the Board of Appeals within 30 days of service of said order of termination.

E. Copies. Copies of every certificate of use issued hereafter shall be furnished to the Planning Board or Board of Appeals for those applications they approve and, on the payment of the regular application fee therefor, to any other person. The fees required from the general public for copies of public documents shall be in accordance with the Fee Schedule of the Village of Suffern.

F. Temporary certificate of use. The Building Inspector may issue a temporary certificate of use only when a temporary certificate of occupancy has been approved in accordance with § 266-49F. The certificate of use may be granted at any time during the ninety-day period that the certificate of occupancy is in effect and shall expire at the terminal date of the temporary certificate of occupancy. Every application for a temporary certificate of use shall be accompanied by a fee in accordance with the Fee Schedule of the Village of Suffern.

§ 266-51 Penalties for offenses.

A. Penalties. Any person who shall violate any provision of this Zoning Law or any other regulation made under authority conferred thereby, or who shall build or alter any structure or use any land in violation of any statement or plan submitted and approved thereunder, or who shall knowingly assist therein, shall be liable to a fine of not more than $5,000. Each week's continued violation shall constitute a separate and additional violation. In addition to the foregoing provisions, the Village shall have such other remedies for any violation or threatened violation of this Zoning Law as are now or may hereafter be provided by law. The application of any above penalty shall not be held to prevent any action under § 266-51B of this Zoning Law.

[Amended 1-8-2007 by L.L. No. 1-2007; 8-9-2021 by L.L. No. 6-2021]

B. Prevention. In case any lot is used or building or structure is erected, constructed, altered or maintained in violation of this Zoning Law, any regulation made pursuant thereto or any detailed statement or plan submitted and approved thereunder, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance, to restrain, correct or abate such violation, to prevent the occupancy or use of such structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Whenever the Building Inspector has reasonable grounds to believe that work on any building, structure or lot is being performed in violation of the provisions of this Zoning Law or not in conformity with any regulation made pursuant thereto or not in compliance with any detailed statement or plan submitted and approved thereunder or in an unsafe and dangerous manner, he may issue a stop-work order pursuant to the provisions of this Zoning Law.

C. Noncompliance with orders. Any person who shall violate any order of the Building Inspector or Code Enforcement Officer, issued under this Zoning Law shall be deemed to have violated this Zoning Law. Any person failing to comply with an order within the time stated therein shall be deemed guilty and fined. Each week of continuance of a violation shall constitute a separate and distinct offense hereunder.