The Superintendent of Buildings and such other
persons as may be designated by the Board of Trustees, shall be the
enforcement officers of this chapter.
A.
In addition to the requirements of Chapter 112, all of the requirements of this chapter, to the extent applicable, shall be met before a building permit or certificate of occupancy shall be issued.
B.
Every building permit or certificate of occupancy
in connection with which a variance has been granted or an application
for development has been approved, shall contain a statement of such
variance and of any conditions to which the same is subject.
A.
This chapter or any part thereof, may be amended,
supplemented or repealed, from time to time, by the Board of Trustees
on its own motion or on petition, as provided in the Village Law of
New York State.
B.
Each petition for a zoning amendment shall be accompanied
by such fee as shall be otherwise prescribed, payable to the Village
Clerk upon the filing thereof. If no hearing is held, the fee shall
be refunded to the petitioner in full. No fee shall be required for
petitions filed in favor of or against a pending application.
A.
Authority. In case any building or structure is erected,
constructed, reconstructed, altered, converted, located or maintained
or any building, structure, land or premises is used in violation
of this chapter or any regulation or requirement made pursuant thereto
or under authority conferred thereby, in addition to other remedies,
the Board of Trustees, or, with the approval of the Board of Trustees
the Superintendent, may, pursuant to § 7-714 of the Village
Law, institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, conversion,
repair, maintenance or use; to restrain, correct or abate such violation,
to prevent the occupancy of such building, structure, land or premises;
or to prevent any illegal act, conduct, business or use in or about
such premises.
B.
Discovery of violations. The Superintendent shall
determine the existence of violations of the provisions of this chapter
through such investigations as he or she shall conduct pursuant to
the issuance of building permits and certificates of occupancy and
through the prompt investigation of such written complaints as are
filed with him or her by persons having reason to believe that such
violations exist. The Superintendent may also determine the existence
of such violations by means of investigations conducted at his or
her own initiative.
C.
Procedures for abatement of violations.
(1)
Notice of violation. Upon finding a violation of the
provisions of this chapter, the Superintendent shall serve written
notice, either by personal service or certified mail, addressed to
the premises of such violation, on the person committing or permitting
such violation or on the owner of the property. Such notice shall
specify the nature of such violation and shall specify a reasonable
time limit, of not less than five days, in which compliance shall
be achieved.
(2)
Legal action. The Superintendent shall, upon failure
of a party to comply with a violation order within the specified time,
refer the matter to the Board of Trustees so that the Board of Trustees
may, by resolution, direct the proper Village officials to undertake
appropriate legal action against such party.
D.
Penalty for violation.
(1)
Any person, whether as owner, lessee, architect or
builder or the agent or employee of any of the above who violates
or is accessory to the violation of any provision of this chapter
or any regulation made under the authority conferred by this chapter
or who shall erect, construct, alter, enlarge, convert or move any
building or structure 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
regulation made under the authority conferred by this chapter or in
violation of the provisions of any building permit or certificate
of occupancy, shall be guilty of a violation of the Penal Law and
shall be liable to a penalty not exceeding in the case of any one
violation $250 or imprisonment not exceeding 15 days, or by both such
fine and imprisonment.
(2)
Any person violating this chapter shall also be subject
to a civil penalty enforceable and collectible by the Village in the
amount of $50 for each week such offense shall continue. Such penalty
shall be collectible by and in the name of the Village for each week
that such violation shall continue, not to exceed $250.
(3)
For the purposes of this section, each twenty-four-hour
period or portion thereof in which a violation of any provision of
this chapter or any regulation made under the authority conferred
by this chapter or in violation of the provisions of any building
permit or certificate of occupancy, continues shall constitute a separate
and distinct offense.