It shall be the duty of the Building Inspector and he is hereby
given the power and authority to enforce the provisions of this chapter.
The Building Inspector shall require that the application for
a building permit shall contain all the information necessary to enable
him to ascertain whether the proposed building complies with the provisions
of this chapter.
No building permit shall be issued until the Building Inspector
has certified that the proposed building or alteration complies with
all the provisions of this chapter.
It shall be unlawful for any person to commence work for the
erection or alteration of any building until a building permit has
been duly issued therefor.
A.
No land shall be occupied or used and no building hereafter erected
or altered shall be occupied or used in whole or in part for any purpose
whatsoever, except for the alteration of or addition to a dwelling,
until a certificate of occupancy shall have been issued by the Building
Inspector stating that the premises or building complies with all
the provisions of this chapter. No change or extension of use and
no alteration shall be made in a nonconforming use or premises without
a certificate of occupancy having first been issued by the Building
Inspector that such change, extension or alteration is in conformity
with the provisions of this chapter.
B.
A certificate of occupancy shall be applied for at the same time
that the building is applied for and shall be issued within 10 days
after the erection or alteration of the building shall have been completed.
C.
A record of all certificates shall be kept on file in the office
of the Building Inspector and copies shall be furnished upon request
to any person having a proprietary or tenancy interest in the building
affected.
D.
No permit for excavation shall be issued before application has been
made for a certificate of occupancy.
E.
No building or premises for which a certificate of occupancy is required
may be occupied until such certificate shall have been issued.
[Amended 10-8-2007 by L.L. No. 4-2007[1]]
A.
Regular fees. A fee shall be charged for every permit or certificate
of occupancy issued. The amount of such fee shall be determined from
time to time by the Board of Trustees of the Village.
B.
Fees for unauthorized construction. The fee for a building permit
for construction or alteration of a building or structure shall be
three times the amount established by the Board of Trustees pursuant
to this article if construction has been commenced or completed at
any time before a permit is issued by the Village.
[1]
Editor's Note: This local law stated that it shall take effect
7-1-2008.
[Amended 10-9-1978 by L.L. No. 6-1978]
Each and every permit issued by the Building Inspector under
the provisions of this article shall expire and become null and void
at the expiration of six months from the date of issuance unless within
such period the foundation has been built and actual erection and/or
construction of the building under such permit shall have been commenced
or unless within such period an extension of such permit has been
duly obtained from the Building Inspector. The provisions of this
section shall apply to any such extension.
[Added 3-3-1951; amended 12-1-1951; 9-11-1978 by L.L. No. 5-1978; 6-12-1995 by L.L. No. 2-1995; 10-21-2014 by L.L.
No. 5-2014; 7-10-2017 by L.L. No. 8-2017]
A.
The Board of Appeals of the Village of Huntington Bay shall consist
of five members, appointed by the Mayor and subject to the approval
of the Board of Trustees.
B.
No person who is a member of the Board of Trustees shall be eligible
for appointment to the Board of Appeals.
C.
The term of each member of the Board of Appeals shall be two official
years, and upon the expiration of any term of a member, a successor
shall be appointed for a term of two official years.
D.
The Mayor shall designate a member of the Board of Appeals to serve
as Chair and a member of the Board to serve as Deputy Chair, each
of which appointments shall be for a term until the end of the official
year in which such appointments are made and each of which appointments
shall be subject to approval by the Board of Trustees.
E.
All meetings of the Board of Appeals shall be held at the call of
the Chair and at such other times as a majority of the Board may determine.
The Chair, or the Deputy Chair in the absence of the Chair, may administer
oaths and compel the attendance of witnesses. In the absence of the
Chair and the Deputy Chair from any meeting of the Board, the remaining
members of the Board, by majority vote, may designate an Acting Chair
who shall have all of the powers of the Chair at such meeting.
F.
If a vacancy shall occur for any reason other than expiration of
term, the Mayor shall appoint a new member for the unexpired term.
G.
The Board of Trustees may remove any member of the Board of Appeals
for cause and after an opportunity to be heard.
H.
The Board of Appeals may employ experts, and pay for their services,
and pay such other expenses of the Board as may be necessary and proper.
I.
When approving any application, the Board of Appeals shall have the
authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the approval being granted.
J.
Subject to the approval of the Board of Trustees, the Mayor may appoint
up to two alternate members of the Board of Appeals who may serve
in order of seniority in place of any member of the Board who is unable
for any reason to attend any particular meeting of the Board.
(1)
Such alternate members shall be appointed at the annual meeting of
the Board of Trustees and shall serve for a term of two years. If
more than one alternate is appointed at the same time, the Board of
Trustees shall designate the order of priority.
(2)
Such alternate members shall meet all of the requirements for eligibility
as established for members of the Board of Appeals.
(3)
Alternate members shall enjoy the same rights and privileges as members
of the Board of Appeals; however, an alternate member shall not be
entitled to vote unless a regular member is not present or is otherwise
disqualified from voting.
K.
Each member and alternate member of the Board of Appeals shall complete,
at a minimum, four hours of training each year designed to enable
such members to more effectively carry out their duties.
(1)
Training received by a member in excess of four hours in any one
year may be carried over by the member into succeeding years in order
to meet the requirements of this subdivision.
(2)
Such training may include, but not be limited to, training provided
by a municipality, regional or county planning office or commission,
county planning federation, state agency, state or local municipal
association, college or other similar entity, and may be provided
in a variety of formats, including, but not limited to, electronic
media, video, distance learning and traditional classroom training.
(3)
To be eligible for reappointment to the Board of Appeals, such member
or alternate member shall have completed the required training.
(4)
No decision of a Board of Appeals shall be voided or declared invalid
because a member or alternate member of the Board failed to comply
with the training requirements.
L.
The Board of Appeals may establish rules and procedures in connection
with all proceedings before it, which at a minimum shall require that
notice of public hearings be given by publication in a paper of general
circulation in the Village at least five days prior to the date thereof.
Such notice shall state the location of the building or lot, the date,
time and place of the hearing and the nature of the relief sought.
