The Building Inspector shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits and certificates of occupancy.

The Building Inspector shall also keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the City, and such record shall show the disposition of all such violations.

The Building Inspector shall make a report to the City Council, in writing, at least once every three months, reporting the number and type of building permits and certificates of occupancy issued and listing all reported or continuing violations of this chapter and the disposition or pending action of such violations.

Before any permit shall be issued, written application therefor shall be made, in duplicate, on official City forms. All applications, except those for signs, shall be accompanied by two copies of a 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 all buildings proposed to be built on the lot and of any existing buildings or structures that shall remain, the existing and intended use of each building or part of the building, the number of families that the building is designed to accommodate, the nature of the improvement, the estimated cost and the intended use or purpose to be made of the improvement and premises and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. One copy of such plan shall be returned to the owner, either in person or by mail, when such plans shall have been approved by the Building Inspector. The building location on 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.

Such permit shall, among other things, briefly describe the premises, the nature of the improvement, the estimated cost and the intended use or purpose to be made of the improvement and premises. It shall bear the date of issuance and be signed by the official issuing the same. Any such permit issued by the Board of Appeals shall be approved by a majority of the members thereof and attested by the Secretary of said Board. The original application and a duplicate copy of the plans, specifications and permit issued shall be filed immediately in the office of the Building Inspector. No building, land or premises shall be used for any purpose other than that stated in the permit. Where, in the opinion of the City Council, any permit hereafter issued by the Building Inspector was improperly or unlawfully issued, or was procured through fraud or deception, the City Council may direct the Building Inspector to revoke the same. Any person or party feeling aggrieved by any such revocation of a permit may appeal to the Board of Appeals in the same manner as provided herein for other appeals to the Board of Appeals.

No building permit shall be issued for a use listed in § 223-17C or D as subject to additional requirements, except in conformity with the procedure set forth in § 223-18.

A building permit shall be void if construction is not started within a period of 12 months or is not completed within a period of two years of the date of said permit.

Any building, extension or alteration for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter, or of an amendment thereto, and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter, or an amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted and the building is completed within two years of the adoption of this chapter or an amendment thereto. If any of the requirements 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.

Application for such a certificate shall be made on an official form and filed with the Building Inspector. Within 10 days thereafter, the Building Inspector shall act thereon by either issuing a certificate or by denying the application. He shall forthwith notify such owner or applicant, in writing, personally, or by mail, of his decision. Every applicant for a certificate of occupancy shall pay therefor, to the Building Inspector, a fee of $2, except where no fee is charged for a building permit.[1]

Under such rules and regulations as may be established by the City Council, a temporary certificate of occupancy for part of a building may be issued.

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. It shall continue in effect as long as such building and the use thereof and the use of such land is in full conformance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any plan or site plan approved by the City Council, Planning Board or Board of Appeals acting under the terms of this chapter and any conditions attached to such approval shall be deemed to be such requirements.

Upon the service of notice by the Building Inspector of any violation of any of the provisions or requirements with respect to any building or the use thereof or of land, the certificate of occupancy for such use shall thereupon become null and void.

General provisions. Any person, firm, corporation or other entity who uses or maintains, or causes to be used or maintained, any building or premises or any part thereof for any purpose other than the uses permitted therefor by this chapter or who erects, enlarges, alters or maintains, or causes to be erected, enlarged, altered or maintained, any building or any part thereof, except in accordance with the provisions of this chapter or any regulation made under authority conferred thereby, or who uses or maintains, or causes to be used or maintained, any building or any part thereof which has been erected, enlarged or altered other than in conformity with the provision of this chapter or who otherwise violates or causes to be violated any provision of this chapter or who allows any violation of this chapter on premises owned or leased by him, or otherwise under his control, including control as an agent or contractor, shall be guilty of a violation of this chapter.

Violations and penalties. A violation of any provision of this chapter is an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.

Complaints of violations. Whenever a violation of this chapter occurs, any person may file a written complaint in regard thereto with the Building Inspector, who shall properly record such complaint and immediately investigate and report thereon to the City Council.

Additional remedies. 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 made pursuant thereto or under authority conferred thereby, in addition to other lawful remedies, any appropriate action or proceedings may be instituted 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, land or premises or to prevent any illegal act, conduct, business or use in or about such premises. The Building Inspector shall serve written notice, either by personal service or by certified mail, return receipt requested, 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 shall specify, but not less than five days, he may 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.

A Board of Appeals, as heretofore established by City Council, is hereby maintained. The Board of Appeals shall consist of five members appointed by the Mayor, each to serve for a term of three years, except that the members of the first Board shall be appointed for the following terms: one member for one year, two members for two years and two members for three years. Vacancies for the unexpired terms of any members shall be filled for such unexpired period only.

The Mayor shall designate a Chairman, or upon the Mayor's failure to do so, the Board of Appeals shall choose its own Chairman and, in his absence, an Acting Chairman. Such Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.

All meetings of such Board shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact. The concurring vote of three members of the Board shall be necessary to decide in favor of the applicant on any matter upon which such Board is required to pass under the provisions of this chapter.

General. The Board of Appeals shall have all the powers and duties prescribed by the General City Law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following sections shall be deemed to limit any of the power of the Board of Appeals that is conferred to the General City Law. The Board of Appeals shall adopt such rules and regulations as may be necessary or proper to the performance of its powers and duties hereunder and may amend or repeal the same. All provisions of this chapter relating to the Board of Appeals shall be strictly construed. The Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein.

Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter or on request from any official or agency of the City, the Board of Appeals shall have authority to decide any question involving the interpretation of any provision of this chapter, including determination of the exact application of the rules specified in § 223-4.

Variances. On appeal from an order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter, the Board of Appeals shall have the power to vary or adjust the strict application of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of the land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done in accordance with the standards set forth herein as such standards may be amended from time to time by the New York State Legislature.

[1]Conditions and safeguards. In all cases where the Board of Appeals authorizes the issuance of a building permit or occupancy permit under any of the above powers, it shall be the duty of said board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.

The City Council shall establish a schedule of fees in connection with the administration and enforcement of this chapter for the following:

The schedule of fees is in addition to any and all other fees required by this or any other section of this chapter or any other City ordinance or regulations.

The escrow account shall be established in accordance with the City of Beacon fee schedule.[1]

The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. In the case of post-approval inspections and reviews involving construction, the City may issue a stop-work order. No subdivision plat or site development plan shall be endorsed or filed until all professional review fees charged in connection with the review of the project have been reimbursed to the City. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant’s project have been reimbursed to the City and a new escrow account has been established to cover all post-approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post-approval inspection and review of the project have been reimbursed to the City. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project or, where applicable, the road has been accepted by the City and the one-year maintenance period has expired. The applicant shall be required by the permitting authority from time to time to deliver additional funds to the City for deposit in the escrow account if such additional funds are required to pay for professional consultation services rendered to the City or anticipated to be rendered. Such additional funds shall be delivered to the City before any further consideration of the applicant’s project takes place.

The permitting authority shall not make any preliminary, conceptual, project-specific or final determination on an application until all application review fees imposed on the applicant have been paid to the City.

Escrow funds may be refunded to the applicant only when the applicant formally withdraws the application from consideration by the permitting authority, or when the applicant receives a final determination from the permitting authority; in either case, all reimbursable charges incurred by the City shall first be deducted from the escrow account, leaving an unencumbered balance that is not required by the permitting authority to pay consulting costs attributable to the application fees collected in accordance with § 223-61 above, which shall not be refunded.

The imposition of escrow account fees are in addition to and not in place of other fee schedules currently in force.

The City shall submit a notice of public hearing to the official City newspaper and one additional local newspaper for publication at least five days before such hearing. The applicant shall reimburse the City for the cost of such publications.

Notice of hearing shall be sent by the applicant, by certified mail (return receipts not required), to all property owners within a distance of 250 feet of any boundary of the subject property which is the subject of an application involving single-family or two-family properties, and to all property owners within a distance of 500 feet of any boundary of the subject property which is the subject of an application involving multifamily properties, nonresidentially zoned properties or nonresidential uses. Notice shall be provided to property owners on both sides of the street on which the subject property fronts, to the adjoining property owner or owners to the rear of the property affected, and to all nonowner occupants of the property affected at least 10 days before the hearing. For purposes of notice, a property shall be deemed to have nonowner occupants when the primary owner mailing address on file with the City of Beacon Tax Assessor is different than the property address. In such case, a notice shall be mailed to the property addressed to the occupant and, if a multifamily dwelling, then to all individual dwelling units on the property. Prior to the public hearing, the applicant shall submit to the secretary of the applicable board a signed affidavit of mailing setting forth details of the mailing, including date of mailing, names and addresses to whom the mailing was sent, and a copy of the notice of hearing.

Public notice signs.

Modifications to notification requirements. The approval authority may modify the notification requirements set forth in this section herein unless required elsewhere by county or state law.

If the affiant is an individual, he or she shall set forth his or her name, residence address and his or her residence telephone number.

If the affiant is a partnership, joint venture or other business entity, except a corporation, it shall set forth:

If the affiant is a corporation, it shall set forth the following:

The name, residence or business address and telephone number of all owners of record of the subject property or any part thereof; the date and manner title was acquired; and the date and place where the deed or document of conveyance was recorded or filed.

The name, residence or business address and telephone number of each person having any mortgage, encumbrance or other interest (recorded or unrecorded) in the subject property, together with the nature and extent thereof.

Whether any owner, of record or otherwise, is an officer, director, stockholder, agent or employee of any person referred to in Subsection A, B, C or E of this section.

Whether any person referred to in Subsection A, B, C, D or E of this section was known by any other name within five years preceding the date of the application, request or petition, and, if so, such other names.

Whether any person named in Subsection A, B, C, D or E of this section is an official, elected or appointed, or employee of the City of Beacon or related, by marriage or otherwise, to an official or employee of the City of Beacon and, if so, the nature of such relationship.

The name and address of each person, business entity, partnership and corporation in the chain of title of the subject premises for the five years next preceding the date of the application, request or petition.

If the applicant is not one of the record owners of the subject property, the interest of the applicant in the subject property and the relationship to the record owners. If the applicant is a contract vendee, a duplicate original or photocopy of the full and complete contract of purchase, including all riders, modifications and amendments thereto, shall be submitted with the application.

Where the record owner or contract vendee is a corporation, the following additional information shall be submitted with the application:

Whether the present owners, or any of them, have entered into any contract for the sale of all or any part of the subject property and, if in the affirmative, there shall be submitted a duplicate original or photocopy of the full and complete contract of sale, including all riders, modifications and amendments thereto.

Such additional information as may be requested by the board, agency or commission having jurisdiction over such application, request or petition, pertaining to ownership, operation or control of the subject property.

The provisions of § 223-61.4C(2), (3) and (4) and K(2), (3) and (4) shall not apply where the corporation named in said sections is a corporation the shares of stock of which are publicly traded on a recognized stock exchange.

In the event that there is any change in any matter set forth on any affidavit submitted hereunder prior to the time a determination is made concerning the subject application, request or petition, the affiant shall file a supplemental affidavit within 48 hours after such change has occurred, giving the full details thereof and in compliance with the requirements of this chapter, and shall thereafter be subject to all the requirements set forth in this chapter.