In their interpretation and application, the regulations of this chapter shall be considered to be the minimum provisions for the protection and promotion of public health, safety, morals, convenience, comfort, prosperity, esthetics, and other aspects of general welfare. It is hereby declared to be the legislative intent that this chapter shall always be interpreted in a way that promotes the purposes set forth in the declaration of purpose (Article II) and regarded as remedial to help in providing for all residents of the Village of Hillburn the benefits of orderly physical development of the community, and this chapter shall therefore be construed liberally to further its stated underlying purposes and goals.
This chapter is not intended to supersede or nullify any statute,
ordinance, regulation, easement, private agreement, covenant or other
legal relationship, private or public, in effect prior to the adoption
of this chapter. However, wherever the provisions of such other statute,
ordinance, regulation, easement, private agreement, covenant or other
legal relationship, private or public, are inconsistent with any provisions
of this chapter, then those provisions which are the most restrictive
or impose higher standards shall take precedence.
This chapter is not intended to abrogate or annul any building permits or certificates of occupancy issued before the effective date of this chapter, except as provided in § 250-41E below.
A.
Enforcing officer. This chapter shall be enforced by the Code Enforcement Officer, who shall be appointed by the Board of Trustees of the Village of Hillburn. All applications for building permits shall be in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code, as set forth in Chapter 80, Building Construction and Fire Prevention. No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer for any purpose except in compliance with the provisions of this chapter, including any conditions attached to the approval of a variance, special use permit, or site plan and in compliance with all other statutes, laws, ordinances, rules and regulations applicable to the affected property.
B.
Notice of violation. The Code Enforcement Officer is authorized to
inspect or investigate, at his discretion, any building, structure,
use or premises in the Village of Hillburn with regard to provisions
of this chapter and to issue a written order for the proper remedying
or compliance, within a reasonable time, of any condition found to
be in violation thereof.
C.
Investigation. If the Code Enforcement Officer shall find that any
of the provisions of this chapter are being violated, or when any
purported violation shall be brought to his attention, it shall be
mandatory upon the Code Enforcement Officer to make an investigation.
In the event that the Code Enforcement Officer determines that a violation
of this chapter does in fact exist, it shall be mandatory upon the
Code Enforcement Officer to serve written notice of said violation
by regular or certified mail (return receipt requested) upon the record
owner indicating the nature of the violation and ordering the necessary
corrective action, and copies of such notice shall be delivered to
the Village Clerk. The Code Enforcement Officer shall order the discontinuance
of: 1) any illegal use of land, buildings, or structures; removal
of illegal buildings, or structures, or additions, alterations, or
structural changes; or 2) any illegal work in progress. In the event
that the owner shall fail to abate said violation within 10 days of
the service of such notice, it shall then be mandatory upon the Code
Enforcement Officer to report such fact in writing to the Village
Clerk for action by the Village Board.
D.
Stop-work orders.
(1)
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section to halt:
(a)
Any work that is contrary to any applicable provision of this
chapter or the New York State Uniform Building Code, without regard
to whether such work is or is not work for which a building permit
is required, and without regard to whether a building permit has or
has not been issued for such work; or
(b)
Any work that is being conducted in a dangerous or unsafe manner
without regard to whether such work is or is not work for which a
building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(c)
Any work for which a building permit, site plan, special use
permit or variance is required which is being performed without the
required building permit, site plan, special use permit or variance
or under a building permit, site plan, special use permit or variance
that has become invalid, has expired, or has been suspended or revoked;
or
(d)
Any use or occupancy of property in violation of any applicable
state law, regulation, or local law.
(3)
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail, return receipt
requested. The Code Enforcement Officer shall be permitted, but not
required, to cause the stop-work order, or a copy thereof, to be served
on any builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order. The Code Enforcement Officer shall post a copy of the stop-work
order in a conspicuous location on the property affected by the stop-work
order.
(4)
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
(5)
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection D(1) of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
No building or structure or sign in any district shall be erected,
reconstructed, restored, enlarged, relocated, altered, used or moved,
in whole or in part, to another site without a building permit. A
building permit shall be duly issued upon application to the Code
Enforcement Officer and upon payment of the required fee in accordance
with the schedule of fees of the Village of Hillburn. A building permit
shall be issued only if the proposed construction or use is in full
conformity with all provisions of this chapter and all other applicable
regulations of the Village of Hillburn, the New York State Uniform
Fire Prevention and Building Code and any other applicable county
or state requirements. Any such permit issued in violation of the
provisions of this chapter shall be null and void and of no effect
without the necessity for any proceedings for revocation or nullification
thereof, and any work undertaken or use established pursuant to any
such permit shall be unlawful.
A.
Required information. Every application for a building permit shall contain the following information and be accompanied by a plot plan in duplicate drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey prepared by a licensed engineer or land surveyor is required. In the case of accessory buildings, the Code Enforcement Officer may waive such of the requirements set forth in Subsection A(1) through (5) below as may be deemed to be superfluous.
(1)
The actual shape, dimensions, radii, angles, and area of the lot
on which the building is proposed to be erected or, if an existing
building, of the lot on which it is situated.
(2)
The exact size and locations on the lot of the building or buildings
proposed to be erected or altered and of all other existing buildings
on the same lot, if any.
(3)
The dimensions of all yards in relation to the subject building and
the distances between such building and any other existing buildings
on the same lot.
(4)
The existing and intended use of all buildings, existing or proposed,
the use of land, and the number of dwelling units, if any, the building
is designed to accommodate.
(5)
Such other information with regard to the building, the lot, or neighboring
lots as may be necessary to determine that the proposed construction
will conform to the provisions of this chapter.
B.
Site plan approval. No building permit shall be issued for any building
that is subject to site plan or special use permit approval by the
Planning Board, except in conformity with the approval issued by the
Planning Board. No permit shall be issued for a building that is permitted
subject to a variance granted by the Zoning Board of Appeals except
in accordance with all conditions which may have been prescribed by
the Zoning Board of Appeals.
C.
Code Enforcement Officer review. The Code Enforcement Officer shall,
within 30 days after the filing of a complete and properly prepared
application incorporating all required approvals, including site plan,
special use permit and/or variances, either issue or deny a building
permit. If a permit is denied, the Code Enforcement Officer shall
state the reason for such denial on two copies of the application
and shall return one copy to the applicant.
D.
Expiration of permit. If any construction, alteration, enlargement
or other work authorized under a building permit is not begun within
120 days from the date of its issuance, such permit shall expire.
Otherwise, building permits shall expire one year from the date of
issuance. The Code Enforcement Officer may authorize in writing not
more than two consecutive 120-day extensions because of the occurrence
of conditions unforeseen at the time of issuance of such permit.
E.
Zoning amendment. If this Zoning chapter is amended after issuance
of a building permit in such a way as to make a proposed use nonconforming
as to use or bulk and no substantial work has been undertaken on the
structure or foundations, the building permit shall be invalid. However,
if all footings have been installed before the effective date of such
zoning amendment, and if construction is continuing at the time, the
proposed use may be completed as authorized in the building permit,
subject to expiration of such permit.
A.
Certificate of occupancy or use needed. A certificate of occupancy
or use shall be obtained from the Code Enforcement Officer prior to:
B.
Application for certificate of occupancy or use. Every application
for a certificate of occupancy or use shall be accompanied by a fee
in an amount established by the Board of Trustees and shall be made
in duplicate upon forms provided by the Code Enforcement Officer.
C.
Reference to building permit. Every such application for a certificate
of occupancy or use shall refer to the building permit issued or,
if none was required, shall give the additional data required in an
application for a building permit.
D.
Certificate of occupancy or use issuance required before occupancy.
No occupancy, use or change of use shall take place until a certificate
of occupancy or use therefor has been issued by the Code Enforcement
Officer. No certificate of occupancy or use shall be issued which
would be in violation of any provision of this chapter, except upon
a written order of the Zoning Board of Appeals. No certificate of
occupancy or use shall be issued unless prior site plan, variance
or special use permit approvals, if any, have been granted by the
appropriate agency in accordance with the provisions of this chapter.
No certificate of occupancy or use shall be issued unless all taxes
and assessments on the property have been paid, and in the case of
subdivisions, until public improvements have been installed to the
satisfaction of the Village Engineer.
E.
Nonissuance. In case the Code Enforcement Officer shall decline to
issue a certificate of occupancy or use, his reasons for so doing
shall be stated on the application, and one copy shall be returned
to the applicant.
F.
Filing. A duplicate copy of every certificate of occupancy or use
issued hereafter shall be filed with the Village Clerk, and a record
of all certificates of occupancy shall be kept in the office of the
Code Enforcement Officer.
A.
Authority. The Code Enforcement Officer may issue a temporary certificate
of occupancy or use for a period not to exceed 90 days during the
completion of any alterations or for a part of a partially completed
building, or for a nonbuilding use, and may extend such period by
not more than two consecutive thirty-day periods, provided that the
Code Enforcement Officer finds:
(1)
That issuance of a certificate of occupancy or use prior to completion
of the said alterations would not result in any safety or other hazard
to the occupants of the building; and
(2)
That work on the building prior to the date of application for a
temporary certificate of occupancy or use has been prosecuted diligently.
B.
Conditions. A temporary certificate of occupancy or use shall be
subject to specific terms and conditions where necessary to assure
the safety of the public and the occupants of the building and of
adjacent buildings and land and shall include a timetable for achieving
full compliance with all applicable requirements and the completion
of all required improvements, if any. Upon expiration of the temporary
certificate of occupancy or use, the use shall be terminated unless
a permanent certificate of occupancy or use shall have been issued
prior to the date of such expiration.
C.
Rights of parties. A temporary certificate of occupancy or use shall
not be construed as in any way altering the respective rights, duties
or obligations of the owner or of the Village with respect to the
use or occupancy of the land or building or any other matter covered
by this chapter.
Whenever a request for a building permit provides for the erection,
installation, modification, enlargement or repair of a septic or sewage
treatment facility, no building permit shall be issued unless the
applicant shall have first obtained the approval of the Rockland County
Health Department.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any such building or
structure or land is used in violation of this chapter, the enforcing
officer or other proper Village authority, in addition to other remedies,
may institute any appropriate action or proceeding to prevent such
unlawful act, condition or use, in order to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises. All issues in any action or proceeding for
any of the purposes herein stated shall have preference over all other
civil actions and proceedings.
A.
Liability for violations. Any person or corporation, whether as owner,
lessee, architect, contractor or builder, or the agent or employee
of any of them, who violates or is accessory to the violation of any
provision of this chapter or any rule or regulation made under the
authority conferred by this chapter; or who shall erect, construct,
alter, enlarge, convert or move any building or structure or any part
thereof without a building permit or in violation of any statement
or plans submitted and approved under the provisions of this chapter;
or who shall use any building, structure or land in violation of this
chapter or any rule or regulation made under the authority conferred
by this chapter without or in violation of the provisions of any building
permit, change of use permit, or certificate of occupancy, where such
a permit is required by this chapter, or in violation of any conditions
attached to the approval of a site plan or special use permit by the
Planning Board or a variance by the Zoning Board of Appeals, and who
fails to abate said violation within 30 days after written notice
has been served upon him either by mail or personal service, shall
be liable to a penalty of $250 for the first offense; $500 for the
second offense within two years; and $1,000 for the third offense
within two years and in addition shall pay all the costs and expenses
incurred by the Village in determining such violation. Each calendar
day that a violation continues shall constitute a separate offense.
B.
Legal action. In case any building or structure is erected, constructed,
reconditioned, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter, the Trustees
of the Village of Hillburn or the Code Enforcement Officer or any
other official of the Village, in addition to other remedies, may
institute any appropriate action or proceeding through the Village
Attorney in order to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land, or to prevent any illegal act,
conduct, business or use in or about such building, structure or land.
Any person or persons aggrieved or allegedly aggrieved by a
decision, determination, act or refusal to act of a body or officer
exercising judicial, quasi-judicial, administrative or corporate functions
relating to this chapter may petition for relief to a proper court
of law in accordance with the provisions of Article 78 of the Civil
Practice Laws and Rules of the State of New York.
