A.
No board, agency, officer or employee of the Town
shall issue, grant or approve any permit, license, certificate or
other authorization, including special use permits and adjustments
by the Board of Appeals, for any construction, reconstruction, alteration,
enlargement or moving of any building or for any use of land or buildings
that would not be in full compliance with the provisions of this chapter.
Any such permit, license, certificate or other authorization issued,
granted or approved in violation of the provisions of this chapter
shall be null and void and of no effect.
B.
The provisions of this chapter shall be enforced by
the Building Inspector.
A.
No building or structure shall be erected, enlarged,
altered or moved until a permit therefor has been issued by the Building
Inspector. Except upon a written authorization of the Board of Appeals,
no building permit or certificate of occupancy shall be issued for
any building where said construction, addition, alteration, moving
or use thereof would be in violation of any of the provisions of this
chapter.
B.
There shall be submitted with all applications for
building permits two copies of layout or plot plan drawn to scale,
showing the actual shape and dimensions of the lot to be built upon,
the exact size and location on the lot of the building and accessory
buildings existing and the lines within which the building or structure
shall be erected or altered, the existing and intended use of each
building or part of the building, the number of families or housekeeping
units that the building is designed to accommodate and such other
information with regard to the lot and neighboring lots that may be
necessary to determine compliance with and provide for the enforcement
of this chapter. One copy of such plan shall be returned to the owner
when such plan shall have been approved by the Building Inspector.
All dimensions shown on this plan relating to the location and size
of the lot to be built upon shall be based on an actual survey, and
the lot shall be staked out on the ground before construction is started
so that the Building Inspector may determine by measurement in the
field that the yard requirements for the district in which the use
is located have been met.
A.
It shall be unlawful for an owner to use or permit
the use of any building or premises or part thereof hereinafter created,
erected, changed, converted or enlarged, wholly or partly, in its
use or structure, until a certificate of occupancy shall have been
issued by the Building Inspector. Such certificate shall state that
such building or premises or part thereof and the proposed use thereof
are in complete conformity with the provisions of this chapter. It
shall be the duty of the Building Inspector to issue a certificate
of occupancy, provided that the building and the proposed use of the
building or premises conform to all the requirements herein set forth.
A certificate of occupancy shall be applied for coincident with an
application for a building permit. No certificate of occupancy will
be issued and no building shall be occupied until a final certificate
of approval shall be issued by the Westchester County Department of
Health, White Plains, New York, indicating that all requirements of
the Sanitary Code have been complied with and unless, in the discretion
of the Building Inspector there are adequate facilities, including
but without limitation vehicular access, sanitary facilities and water
and, when required, the construction complies with approved parking
and site plans.
B.
The Town Board may authorize the Building Inspector
to issue a temporary certificate of occupancy for a part or all of
a structure, upon a finding of good cause shown, for a period of 180
days, provided that all requirements for the development of said lot
or site can be completed within said period. If an application for
extension of the temporary certificate of occupancy is made prior
to the expiration of the initial one-hundred-eighty-day period, the
Building Inspector may, without further Town Board approval, extend
the temporary certificate of occupancy for an additional 90 days.'
Nothing herein shall preclude the Town Board from granting further
extensions of a temporary certificate of occupancy within its discretion
and upon good cause shown.
[Amended 3-6-2012 by L.L. No. 2-2012]
C.
A certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies and shall continue in effect
as long as such building and the use thereof, or of such land, is
in full conformity with the provisions of this chapter and any requirements
made pursuant thereto, and no building or land shall be used or occupied
for a use other than the use authorized by such certificate of occupancy.
Where site plan or parking plan approval is required from the Town
Board or Planning Board, no building permit shall be issued and no
structure or use shall be established except in conformity with such
plan approval procedures, and no certificate of occupancy for such
structure or use shall be issued until all the requirements of such
approval and any conditions attached thereto have been met, and no
work shall be performed except in accordance with such plan. The continued
validity of any certificate of occupancy shall be subject to continued
conformance with such approved plan and conditions.
[Amended 6-20-1995 by L.L. No. 9-1995]
D.
The Building Inspector shall maintain a record of all certificates
of occupancy, and copies shall be furnished, upon request, to any
person having a proprietary or tenancy interest in the building affected.
Upon written request from the owner and by payment by him to the Town
of a fee in an amount set forth in the Master Fee Schedule,[1] the Building Inspector shall issue a certificate of occupancy
for any building or premises existing at the time of the enactment
of this chapter certifying, after inspection, that the extent and
kind of use and disposition conforms with the provisions of this chapter.
[Amended 12-15-1987 by L.L. No. 35-1987; 1-3-1989 by L.L. No. 2-1989; 2-7-1989 by L.L. No. 4-1989; 12-18-1990 by L.L. No. 25-1990; 8-6-1996 by L.L. No. 14-1996; 6-6-2017 by L.L. No. 9-2017]
E.
The Building Inspector of the Town of Yorktown may
issue a nonconforming certificate of occupancy for any building or
premises or part thereof which have been made nonconforming as a result
of changes in this chapter relating to lot area, lot width, lot depth
and front, side or rear yard setbacks in accordance with the procedures
hereinafter set forth.
[Added 12-16-1980 by L.L. No. 7-1980]
(1)
Any request for such a certificate of occupancy must be initiated
by a written request on a form to be provided by the Building Inspector
showing what the nonconformity is and the extent to which it was conforming
prior to the zoning change, accompanied by a survey and an application
fee in an amount set forth in the Master Fee Schedule.[2]
[Amended 6-6-2017 by L.L.
No. 9-2017]
(2)
Upon receiving a request for such a certificate of
occupancy, the Building Inspector shall ascertain the condition of
the subject premises. The applicant shall submit such request to the
Board of Fire Underwriters and the Westchester County Department of
Health. No such certificate of occupancy shall be issued until and
unless a favorable report has been received from the Board of Fire
Underwriters and the Department of Health.
(3)
If the Building Inspector is satisfied from his investigation
and the reports that the issuance of a nonconforming certificate of
occupancy is proper, he shall issue the same. In processing such application,
the Building Inspector may require the performance of certain work
on the subject premises in order to place the same in compliance with
the New York State Uniform Fire Prevention and Building Construction
Code and all other laws and regulations for which compliance may be
required in such circumstances.
All permits for buildings or structures issued prior to the enactment of this chapter which are contrary to the provisions of this chapter shall be null and void unless substantial work has been done toward the completion of said building or structure as set forth in § 300-176. If any of the requirements in § 300-176 shall not have been fulfilled within the prescribed period, or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.
A.
Any owner, lessee, tenant, occupant, architect, builder
or agent of any of them; any person who violates or is accessory to
the violation of any provision of this chapter; who owns, occupies
or uses any building, structure or premises which is in violation
of any provision of this chapter; who fails to comply with any of
the requirements thereof; or who erects, constructs, alters, enlarges,
converts, moves or maintains any building or any land in violation
of any detailed statement or plans submitted by him and approved under
the provisions of this chapter shall be guilty of a violation punishable
by imprisonment for a term not exceeding 15 days or by a fine not
exceeding $500 a day, or by both such fine and imprisonment. The continuation
of an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
[Amended 3-16-1982 by L.L. No. 3-1982; 12-19-1989 by L.L. No. 25-1989; 4-20-2004 by L.L. No.
9-2004]
B.
Any building erected, constructed, altered, converted,
enlarged, moved or used contrary to any of the provisions of this
chapter and any use of any land or any building which is conducted,
operated or maintained contrary to any of the provisions of this chapter
shall be and the same is hereby declared to be unlawful. The Building
Inspector may institute an action to prevent, enjoin, abate or remove
such erection, construction, alteration, enlargement, conversion or
use in violation of any of the provisions of this chapter. Such action
may also be instituted by any property owner who may be particularly
damaged by any violation of this chapter. The Building Inspector shall
serve notice by registered or certified mail, addressed to the premises
of such violation, on the person or corporation committing or permitting
the same, and if such violation does not cease within such time as
the Building Inspector may specify, he shall institute such of the
foregoing action as may be necessary to terminate the violation. Such
notice may also be served by posting on the premises.
C.
A person convicted of a violation of this chapter
within one year of a prior conviction for an unrelated offense under
this chapter shall be punished by a fine not to exceed $1,000 a day
or by imprisonment not to exceed 30 days, or by both such fine and
imprisonment.
[Added 6-2-1998 by L.L. No. 21-1998; amended 4-20-2004 by L.L. No. 9-2004]
A.
The owner of record and/or tenant of any land who
is required to erect, install and maintain fences, trees, plantings,
shrubbery, drainage facilities, buffer strips or other screening or
sanitary requirements and paving in accordance with and as provided
for by an approved site plan, plan of development, parking plan, permit,
special use permit, variance or authorization or pursuant to any provision
of this chapter shall erect, install and maintain all such facilities
in good and sanitary order, condition and repair at all times. In
the event that the owner and/or tenant fails to erect, install, replace,
repair and maintain all such facilities in good order, condition and
repair, as the case may be, the Town Engineer shall so advise the
owner of said property, and if, after giving 30 days' notice by registered
mail or certified mail, addressed to said owner of record of such
land at the address shown on the last preceding assessment roll, that
such fences, trees, plantings, shrubbery, buffer strips or other screening
have not been erected, installed, replaced, repaired or maintained,
as the case may be, by or on behalf of such owner, then the Town Engineer
shall prepare an estimate of the work or improvements and submit the
same to the Town Board. Thereupon, said Board shall examine such estimate
and may make such modifications or changes as shall seem necessary,
adopt the same, cause the work or improvements to be constructed and
audit and pay the cost and expense of such work. All costs and expenses
so incurred by the Town for such work and improvements shall be charged
and assessed against said land as a tax levied and imposed thereon.
Said tax shall be due and payable in April of the ensuing year concurrently
with the state, county and Town tax. Said tax for such costs and expenses
shall be collected in the same manner and shall be subject to the
same interest and penalty charges as the state, county and Town taxes.
B.
The Town Engineer or any other person or persons designated
by the Town Board may enter upon any such lands without hindrance
for the purpose of making necessary surveys, examinations or investigations
and for the performance of the work or the erection and installation
or repair of any such facilities, without being liable for trespass.
C.
The remedies provided for herein are cumulative and
not exclusive and shall be in addition to any other remedies provided
by law.
