This chapter shall be enforced by the Building
Inspector or such other person as the Board of Trustees may hereafter
designate. No building permit or certificate of occupancy shall be
issued by such Inspector or other official appointed as aforesaid,
except where the provisions of this chapter or the building code have
been complied with.
The Building Inspector shall require that the
application for a building permit, and the accompanying plot plan,
shall contain all the information necessary to enable him to ascertain
whether the proposed building complies with provisions of this chapter,
and other codes and ordinances of the Village of Island Park. The
application aforementioned shall be upon a form prepared by the Board
of Trustees.
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 and of the building
code and other codes and ordinances of the Village of Island Park
applicable thereto, and approved by the Board of Trustees.
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. Notice that such permit has been issued shall be kept posted in a conspicuous place on the premises until completion thereof. No permit shall be issued for the construction or alteration of any building for a use which is prohibited by this chapter. Where this chapter does not expressly permit the use applied for, nor expressly prohibit such use, the permit applied for shall be denied by the Building Inspector. The applicant shall have the right to take an appeal from such denial and to apply to the Board of Appeals for a variance. This provision shall also apply with respect to any application or petition concerning a change in front yard, side yard or rear yard requirements. It shall also apply to any application made for an exception provided for in Article X, Additional Regulations.
A.
No land
shall be occupied or used and no building shall hereafter be erected,
altered, extended or changed in use until a certificate of occupancy
shall have been issued by the Building Inspector or the Village Clerk
in accordance with the provisions of the building code and a sum as
set from time to time by the Board of Trustees has been paid.
B.
Temporary
certificate of occupancy. Upon request, the Building Inspector may
issue a temporary certificate of occupancy for a building or structure
or part thereof before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life, health or the public welfare. A temporary certificate of occupancy
may be issued for a period not exceeding three months from its date
of issuance and shall be void thereafter. The Building Inspector shall
issue the temporary certificate of occupancy in accordance with the
provisions of the building code and a sum as set from time to time
by the Board of Trustees has been paid.
Upon the completion of any construction, alteration,
or repairs that require a building permit application and no certificate
of occupancy has been issued, a certificate of completion shall be
obtained upon payment of a sum as set from time to time by the Board
of Trustees to the Village Clerk. In the absence of a certificate
of completion, a letter from the Clerk shall be obtained at a cost
set from time to time by the Board of Trustees. For all certificates
of completion relating to building permits, a fee as set from time
to time by the Board of Trustees shall be payable upon issuance of
a building permit.
In case any building or structure is erected,
constructed, altered, repaired, converted or maintained, or any building,
structure or land is used in violation of this chapter or of any regulations
made pursuant thereto, in addition to other remedies provided by law,
any appropriate action or proceeding, whether by legal process or
otherwise, may be instituted or taken 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 use in or about such premises.
[Amended 12-20-1973; by L.L. No. 4-1987; 7-20-2017 by L.L. No. 11-2017]
For every violation of the provisions of this
chapter, the general agent, architect, builder, contractor, owner,
or tenant or any other person who commits, takes part in or assists
in any violation of this chapter, or who maintains any building or
premises in which any violation of this chapter shall exist, shall
for each and every violation be imprisoned for a period not exceeding
30 days or be fined a minimum of $250, or both. Each day that a violation
is permitted to exist after notice to abate such violation shall constitute
a separate offense.
[Added 12-10-1987 by L.L. No. 6-1987]
In addition to the fines imposed by § 625-63 hereof, the owner, general agent, tenant, architect, builder or contractor or any other person who takes part in or assists in any violation of this chapter shall be liable for damages in a civil suit instituted against him by the Village. If such damages are sought, the Village shall, in the case of a continuing violation, give written notice of the violation by mailing the same to the address shown on the assessment roll of the Village, in case of an owner; or in the case of a landlord or tenant by attaching said notice in a conspicuous place on the premises so as to afford said person reasonable notice. Service on the person or corporation may also be made personally or, in the case of a natural person, by leaving the same with an adult person at the premises or, in case of a corporation, by serving an official, director or managing agent. If the violation is not removed within 30 days from service, then the violators shall be liable to a penalty of $350 for each week the violation continues in addition to any other damages set forth by the Village or imposed by law, to be recovered in an action in any court of competent jurisdiction together with costs and any disbursements incurred by the Village.
[Added 5-17-1990 by L.L. No. 3-1990]
Any person who is aggrieved by the failure to issue a building permit or a certificate of occupancy or completion shall, as a prerequisite to seeking any legal or equitable relief, apply to the Board of Appeals pursuant to Article XIV hereof.
[Added 2-21-1991 by L.L. No. 1-1991]
In case the Board of Trustees shall seek a judicial
review by a proceeding pursuant to Article 78 of the Civil Practice
Law and Rules or by appeal or by another means by which a judicial
determination is sought of the following: (a) a determination by the
Board of Appeals which overrules or otherwise modified a denial, whole
or partial, of the Building Inspector, of a permit for the use of
property whether by building thereon or otherwise; (b) a determination
by any officer, board or political or administrative unit of the State
of New York, or a subdivision thereof, which overruled or otherwise
modified a determination of the Building Inspector or the Board of
Trustees which denied in whole or part a permit for the use of property,
which use was contrary to the local laws and ordinances of the Village,
including this chapter, whether by building thereon or otherwise,
any actions or proceedings seeking to exercise the right or rights
conferred by such determination by any person, corporation or political
subdivision shall be suspended and stayed pending the entry of a final
judgment or order determining such legal action, provided a copy of
the papers seeking judicial review or notice of appeal is served upon
the party seeking to exercise such right or his or its attorney. All
Village officers or employees are prohibited from issuing a permit,
certificate of occupancy or any similar paper pending the final determination
of the legal action.
[Added by L.L. No. 3-1991]
A.
If a determination is made by the Board of Appeals
which overrules or otherwise modifies a denial, whole or partial,
of the Building Inspector of a permit for the use of property whether
by building thereon or otherwise, or if a determination is made by
any officer, board or political or administrative unit of the State
of New York, or a subdivision thereof, which overrules or otherwise
modifies a determination of the Building Inspector or the Board of
Trustees which denied in whole or part a permit for the use of property,
which use is contrary to the local laws and ordinances of the Village,
including this chapter, whether by building thereon or otherwise,
no permit shall be granted based upon said determination which seeks
to enforce said rights until a time greater than the time allowed
by law to seek such judicial review has elapsed.
