[HISTORY: Adopted by the Board of Trustees of the Village
of Harriman 4-14-2009 by L.L. No. 2-2009. Amendments noted where
applicable.]
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 Village of Harriman for any property owner who has outstanding
real estate taxes and special assessments or outstanding violations
of any local laws or ordinances of the Village of Harriman on any
properties owned by the applicant situated within the Village of Harriman.
The chapter shall be known as "Application Processing Restriction
Law of the Village of Harriman."
This chapter shall apply to the provisions of all the local
laws and ordinances adopted by the Village of Harriman for any and
all applications submitted on or after the effective date of this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A.
Simultaneous with the filing of an application to any Board or official
of the Village of Harriman 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 Village of Harriman and
that no outstanding violations of any local law or ordinance of the
Village of Harriman exist thereon:
[1]
Editor's Note: The affidavit is on file in the Village
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 Village of Harriman for any property owner
who has outstanding real estate taxes and special assessments or outstanding
violations of any local laws or ordinances of the Village of Harriman
or any properties owned by the applicant situated within the Village
of Harriman are hereby prohibited except to the extent that the Village
Attorney can verify that there are sufficient monetary funds on deposit
in an escrow account to cover any and all outstanding amounts owed
to the Village of Harriman.
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 Village of Harriman except to the extent that the Village
Treasurer can verify that there are sufficient monetary funds on deposit
in an escrow account to cover any and all outstanding amounts owed
to the Village of Harriman.
[Amended 11-10-2015 by L.L. No. 5-2015]
In addition to the exemptions provided for above at Subsection
A(3)(b)[1] and A(4)(b)[1], 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 Village of Harriman Code of Ordinances.
Once said violations have been corrected, the provisions of this chapter
will take effect except to the extent that the Village Attorney can
verify that there are sufficient monetary funds on deposit in an escrow
account to cover any and all outstanding amounts owed to the Village
of Harriman. In that event the application form must contain a statement
signed by the Planning Board Secretary confirming outstanding amounts
owed to the Village of Harriman as of the date of application.
