A.
No building or structure in any district shall be
erected, placed on a lot or structurally altered without a building
permit duly issued upon application to the Building Inspector.
B.
Every application for a building permit shall be made
on forms provided by the Building Inspector and shall be accompanied
by such fee as may be prescribed. Except in the case of alterations
of a building which do not affect the exterior thereof, such application
shall also be accompanied by two copies of a plot plan drawn to scale,
showing:
(1)
A survey made by a licensed surveyor, showing 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 ward, block and lot numbers as they appear on
the official City Assessment Map.
(3)
The exact size, height and location on the lot of
the proposed building or buildings or alteration of an existing building,
and the location on the lot of other existing buildings, if any on
the same lot.
(4)
The location, nature and dimensions of all yards,
access driveways, off-street parking, planting and screening.
(5)
The minimum distance between the subject building
and all property lines and other existing buildings on the same lot.
(6)
The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units the
building is designed to accommodate.
(7)
Such topographic or 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.
C.
No building permit shall be issued for a building
to be used for any use in any district subject to conditional use
approval by the Planning Board until such approval has been duly authorized
by the Board. In instances where site development plan approval by
the Planning Board is required, a building permit shall be issued
only for a use conforming to the approved site development plan.
[Amended 2-18-2014 by L.L. No. 2-2014]
D.
The application and all supporting documentation shall
be made in duplicate. On the issuance of a building permit, the Building
Inspector shall return one copy of all documents filed to the applicant.
E.
If a building permit is denied, the Building Inspector
shall state in writing the reasons for such denial.
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Building
Inspector:
B.
Every certificate of occupancy for which a permit
has been issued by the Zoning Board of Appeals or in connection with
which a variance has been granted shall contain a detailed statement
of such special permit or variance and of any conditions to which
the same is subject.[1]
C.
Application for a certificate of occupancy for a new
building or for an existing building which has been altered shall
be made on forms provided by the Building Inspector after the erection
or alteration of such building or part thereof has been completed
in conformity with the provisions of this chapter or of any variance
or special permit granted by the Zoning Board of Appeals. Such certificate
shall be issued within 10 days after receipt of said application,
but only if all requirements of this chapter and of all other applicable
ordinances or codes in effect are complied with.[2]
D.
If the proposed use is in conformity with the provisions
of this chapter and of all other applicable laws and ordinances, a
certificate of occupancy for the use of vacant land or for a change
of use shall be issued by the Building Inspector within 10 days after
receipt of a written application therefor.
E.
Every application for a certificate of occupancy or
a temporary certificate of occupancy shall be accompanied by a fee
as established by the Common Council. Copies of such certificate will
be made available upon payment of a fee as established by the Common
Council.[3]
F.
Every certificate of occupancy shall state that the
building or the proposed use of a building or land complies with all
provisions of law, of this chapter, of all other applicable codes
or ordinances of the City and, if applicable, with all provisions
of any variance or permit granted by the Zoning Board of Appeals.[4]
G.
Upon written request by the owner and upon payment
of a fee as established by the Common Council, the Building Inspector
shall, after inspection, issue a certificate of occupancy for any
building or use of land existing at the time of the adoption of this
chapter or of any applicable amendment thereof, certifying such use
and whether or not the use or the building conforms to the provisions
of this chapter and any other applicable ordinances and codes.
[Amended 4-20-2004 by L.L. No. 3-2004]
H.
A record of all certificates of occupancy shall be kept in the Code Enforcement Office and copies shall be furnished, on request, to any agency of the City or, upon payment of a fee as provided in Chapter 45, Art. III, Access to Public Records, to any persons having a proprietary or tenancy interest in the building or land affected.
[Amended 4-20-2004 by L.L. No. 3-2004]
A.
It shall be the duty of the Building Inspector to
enforce, literally, the provisions of this chapter and all rules,
conditions and requirements adopted or specified pursuant thereto,
and he shall be the Clerk of the Zoning Board of Appeals.
B.
The Building Inspector or his duly authorized assistant(s)
shall have the right to enter any building or enter upon any land
at any reasonable hour as necessary in the execution of their duties,
provided that:
(1)
The Building Inspector shall notify the owner and
tenant before conducting any inspection.
(2)
The Building Inspector or his duly authorized assistants
shall display identification, signed by the City Clerk, upon commencing
an inspection.
(3)
Inspections shall be commenced in the presence of
the owner or his representative or the tenant.
C.
Said Building Inspector shall keep a record of every
identifiable complaint of a violation of any of the provisions of
this chapter, and of the action taken consequent on each such complaint,
which records shall be public records. He shall report to the Common
Council, at intervals of not greater than three months, summarizing
for the period since his last previous report all building permits
and certificates of occupancy issued by him and all complaints of
violations and the action taken by him consequent thereon.
A.
Any individual who fails to follow the provisions
of this chapter shall be guilty of a violation and shall be subject
to a fine of not less than $100 nor more than $2,500 or 15 days' imprisonment,
or both. Each day that an offense occurs shall be a separate violation.
[Amended 4-20-2004 by L.L. No. 3-2004; 5-21-2013 by L.L. No.
4-2013]
B.
After the fifth day following written notice, served by registered mail or by personal service by the Building Inspector or by the City Clerk, to the effect that a violation of any provision of this chapter exists, for any and every such violation the owner, general agent or contractor of a building or premises or part thereof where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, upon conviction under § 325-33A, be subject to a fine of not more than $2,500 and/or imprisonment for a term not to exceed 15 days, and, in addition, shall pay all costs and expenses incurred by the City in determining such violation. Each and every day that any such violation continues shall constitute a separate offense.
[Amended 12-13-1973 by L.L. No. 10-1973; 5-21-2013 by L.L. No. 4-2013]
C.
Fines shall be collected and violations of this chapter
shall be prosecuted in the manner prescribed by law or ordinance effective
in the City of Hudson.
D.
Nothing in this chapter shall prevent any property
owner or resident of the City, the City itself, any board or agency
of the City or any persons residing on or owning property outside
of the City from availing themselves of any lawful remedy in preventing
or abating any violation of any provision of this chapter.
