Baldwinsville City Zoning Code
ARTICLE XV
Administration
§ 345-45 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public safety, convenience and general welfare.
§ 345-46 Enforcement.
[Amended 4-18-1994 by L.L. No. 3-1994]
The provisions of this chapter shall be enforced by the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to keep a record of all applications for permits and a record of all permits issued, with a notation of all plans submitted, and the same shall form a part of the records of the Code Enforcement Officer's office and shall be available for the use of the Board of Trustees and other officials of the Village of Baldwinsville.
§ 345-47 Building permits.
[Amended 4-18-1994 by L.L. No. 3-1994]
A.
Building permits shall hereafter be secured from the Code Enforcement Officer prior to construction, erection or alteration of any building or part of a building, and prior to the construction or erection of any stationary sign or billboard. All requests for building permits shall be made, in writing, by the owner or by his authorized agent and shall include a statement of intended use of the building or structure after construction, erection or alteration, and shall be accompanied by:
(1)
A plan drawn to scale, showing the proposed building in its exact relation to lot and street lines; and
(2)
A survey signed by a registered engineer or surveyor, or other satisfactory evidence, to the effect that the line or lines of the bounding street or streets has or have been accurately located on the ground.
§ 345-48 Occupancy permit.
[Amended 4-18-1994 by L.L. No. 3-1994]
No building hereafter constructed, erected or altered shall be occupied or used in whole or in part for any use whatsoever, and no change of use of any building or part thereof or of any land shall hereafter be made, until an occupancy permit has been issued by the Code Enforcement Officer, certifying that the building or use complies with the provisions of this chapter. An occupancy permit shall be granted or denied within 10 days from date of written application therefor.[1]
[1]
Editor's Note: Original § 72-43 of the 1971 Code, Amendments, which immediately followed this section, was repealed 4-18-1994 by L.L. No. 3-1994.
§ 345-49 Board of Appeals.
[Amended 4-18-1994 by L.L. No. 3-1994; 1-4-2018 by L.L. No. 2-2018]
A.
Creation of Board of Appeals. A Board of Appeals consisting of five members is hereby established pursuant to Village Law § 7-712.
B.
The jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the Code Enforcement Officer.
C.
Procedure. The Board of Appeals shall act in strict accordance with the procedure specified by the Village Law, by this chapter, and by any rules of procedure adopted by the Board of Appeals and approved by the Board of Trustees. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board.
D.
Alternate members.
(1)
Alternate members of the Board of Appeals shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for terms established by the Village Board of Trustees.
(2)
The Chairperson of the Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate because of an absence or a conflict of interest on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Board of Appeals meeting at which the substitution is made. Alternate members shall attend all regularly scheduled meetings of the Board of Appeals.
(3)
All provisions of state law relating to Board of Appeals member training and continuing education, attendance, conflicts of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, as well as any provision of a local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
E.
Time limitation. Unless construction is commenced and diligently pursued within 12 months of the date of the granting of a variance, such variance shall become null and void. The Board of Appeals may, upon written application and payment of any required fees, made before the date of such expiration, and after public hearing, extend the time for such commencement and diligent pursuit to an additional period not to exceed 12 months. No more than one such extension shall be given. In considering an application for an extension, the Board of Appeals shall consider all relevant factors, including any change of circumstances that may have occurred since the granting of the variance.
§ 345-50 Penalties for offenses.
[Amended 4-18-1994 by L.L. No. 3-1994; 10-7-2004 by L.L. No. 10-2004]
A.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
[Amended 9-19-2013 by L.L. No. 2-2013]
B.
In case of violation of any provision of this chapter, the Village and its officers may, in addition to any other remedies conferred by law or ordinance, institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.