Blooming Grove City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 235-72 Designation of enforcement officials; powers and duties.
This chapter shall be enforced by a Building Inspector, who shall be the Zoning Enforcement Officer, unless otherwise designated by the Town Board, and his/their duly designated agents (hereinafter collectively referred to as the "Building Inspector"). The Building Inspector is hereby empowered and authorized to:
A.
Act pursuant to and in accordance with all powers provided in § 138 of the Town Law, and inspect any building, structure, lot or land to determine whether any violation of this chapter; Chapter 128, Fire Prevention and Building Construction, of this Code; the New York State Fire Prevention and Building Code; or any other state or local laws, rules or regulations within his jurisdiction has been committed or exists.
B.
Issue such permits and certificates in conformity with the laws, rules and regulations of the State of New York and of this chapter and refuse to issue the same in the event of noncompliance, which reason therefor shall be endorsed on the application and notice thereof given to the applicant, as is provided in this chapter.
C.
Keep the Town Board advised of all matters, as the Town Board shall determine, relating to the enforcement of this chapter and the appropriate laws, rules and regulations; make and keep all records necessary and appropriate to the office, including the issuance and denial of building permits, certificates of occupancy, formal complaints of violation and the action taken on same; and keep a record of all permits and certificates of occupancy issued that shall be available for public inspection.
D.
Issue and post notices of violation, stop orders and orders directing the remedying of any condition or omission that is or creates a violation of this chapter or other applicable laws, rules and regulations and revoke building permits, certificates or occupancy and certificates.
E.
Make such inspections and reports as shall be required by the Town Board for the enforcement, amendment or addition to this chapter or rules and regulations thereunder.
F.
Apply to the Town Board for authorization to perform such other actions or duties as may be necessary or required to enforce any authority or to invoke any penalty for the violation of this chapter and its rules and regulations.
G.
Have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this chapter or of any order of the Building Inspector.
§ 235-73 Granting of building permits and certificates of occupancy.
No building permit or certificate of occupancy shall be issued unless the proposed construction or use is in conformance with all the provisions of this chapter and other applicable laws.
§ 235-74 Violations of orders.
Any person who shall violate any order of the Building Inspector, issued under this chapter, shall be deemed to have violated this chapter.
§ 235-75 Building permit required.
Prior issuance of a building permit is required for:
§ 235-76 Application procedure.
A.
Application for a building permit shall be made to the Building Inspector, on forms provided by him/her, and shall contain the following information and shall be accompanied with the following documents and material as may be required by the Building Inspector.
(1)
Each application shall contain the following information:
(a)
A description, agreeing with the Tax Map of the Town of Blooming Grove, of the land on which the proposed work is to be done.
(b)
A statement of the use or occupancy of all parts of the land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of the applicant, including the names and addresses of each officer and director of any corporation as is deemed necessary.
(e)
A brief description of the nature of the proposed work.
(2)
Each application for a building permit shall be accompanied by plans and specifications, including plot plans as required, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site; the nature and character of the work to be performed and the materials to be incorporated; distance from plot lines; widths and grades of adjoining streets; walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, if construction is over $10,000 in value, the architect's or engineer's original signature and New York State license number.
(3)
Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner, and that the applicant is authorized to make such application.
(4)
Any amendment to the application or to the plans and specifications accompanying the same must be filed and approved by the Building Inspector prior to the completion of the work, and such amendments shall comply with the provisions of this chapter. The refusal of such an amendment by the Building Inspector shall be in writing.
B.
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He/she may obtain a determination from the Codes Division of any and all applications requiring the same. He/she shall approve or disapprove of the application within one week from the receipt of the completed application accompanied by all appropriate documents and fees or within one week from the receipt of a determination from the Codes Division.
(1)
Upon approval of the application, the Building Inspector shall issue a permit upon the form prescribed by him/her and shall affix his/her signature or cause his/her signature to be affixed thereto and endorse the plans and specifications to show approval.
(2)
If the application is disapproved by the Building Inspector, he/she shall state the reasons, in writing, and return by certified mail, return receipt requested, the plans and specifications with the written reasons to the applicant and otherwise comply with Subsection A(4) and file each disapproval in the office of the Building Inspector.
C.
One set of such approved plans and specifications shall be retained in the files of the Building Inspector for such time as shall be mandated by state law, but not less than two years. The applicant shall, at all times, keep one set of the approved plans and specifications, together with the building permit, at the building site and open to inspection by the Building Inspector at all reasonable times.
D.
Entity disclosure law.
[Added 10-25-2016 by Ord. No. 7-2016]
(1)
Legislative findings and intent. The Town Board ("Board") of the Incorporated Town of Blooming Grove, New York ("Town") hereby finds that there is a critical and compelling need, in the public interests as set forth herein, to provide for full and fair disclosure of all entities making land use applications before the Town to the extent possible to ensure that any and all potential conflicts of interest or other ethical concerns are properly disclosed and addressed by any and all affected parties. The Town finds and declares that there is no existing law that preempts the adoption of this subsection so that the public interests in open and transparent government and land use applications can be promoted by enactment of this subsection to require all land use applicants to supply information as to all limited and general members, shareholders, officers and directors or any other persons having control over such entity which applies for approval from the Town for any unincorporated areas within the Town. The Town Board further finds and declares:
(a)
The Town Board finds that, in connection with development or potential development in the unincorporated portions of the Town, land use applications may have a significant impact upon the health, safety and general welfare of the Town, its inhabitants and visitors, and upon existing uses, public services, traffic and the environment, in general.
(b)
The Town Board further finds, that under these circumstances, the Town Board is required to be certain that anyone with any interest or controlling position of any limited liability company, partnership, limited partnership, joint venture, doing business name, corporation or association (hereinafter referred to as the "entity") who applies for any land use approval or permission from the Town must have no conflict of interest, and that the disclosure of any member, shareholder, director, officer, beneficial owner, or authorized person (herein collectively the "nondisclosed person") is required to be made in any land use application or request for any approval from the Town to be certain no conflict of interest exists, and without the disclosure of that nondisclosed person a meaningful review of any conflict cannot take place.
(c)
Any "authorized person" as used herein shall mean a person, whether or not a nondisclosed person, who is authorized to act or otherwise acts, solely or in conjunction with others, on behalf of an entity or to direct, influence or otherwise control the entity in any manner.
(2)
Disclosure requirement.
(a)
Every nondisclosed person for any entity applying for land use approvals or permission to undertake any construction activity within the unincorporated portion of the Town shall complete an entity disclosure statement, in the form approved by the Town Board from time to time by resolution, and provide all information required in said form. Said statement shall be affirmed or sworn to under the penalty of perjury and shall be filed along with any such land use application or request for permission to undertake any construction activity within the Town.
(b)
In the event that a land use project that has previously received approval is sold, assigned or otherwise transferred, whether by transfer of the property, transfer of the management or operation, or both, of the entity to another entity, the transferring entity shall notify the Town in writing, and any such succeeding entity must fully comply with this subsection before any work or other activity on the project shall be permitted to proceed, continue, or be completed.
(c)
Said entity disclosure statement shall apply to any land use approvals or permission sought from the Building Inspector, the Town Board, the Town Planning Board or the Town Zoning Board of Appeals. The Town Board, Planning Board and Zoning Board of Appeals shall not process, hear, rehear, approve or sign any new or pending preliminary or final site plan, preliminary or final subdivision, special permit, variance or other land use application or permit which relates directly, or indirectly, to any construction activity, including but not limited to any grading permit, erosion and sediment control permit, wetland permit, sewer connection permit, floodplain development permit, or water connection permit, which may be granted in association with any construction, unless the application includes a fully completed entity disclosure statement signed and either sworn to or affirmed and submitted with said application to the respective Board.
(d)
An entity disclosure statement is not required for any of the following activities:
[1]
Construction of a private garage, not in excess of 500 square feet. Said building shall not be used for any other purpose than the storage of automotive vehicles;
[2]
Construction of accessory structures, other than garages, not in excess of 300 square feet;
[3]
Construction of outdoor decks, sidewalks, or porches;
[4]
Construction of outdoor swimming pools;
[5]
Installation of fences;
[6]
Interior or exterior remodeling of a single-family, detached residential dwelling, in existence and with a valid certificate of occupancy as of the effective date of this subsection, which does not involve any change of use or increase the size of the building, including, but not limited to, window replacement, door replacement, plumbing improvements, new siding, removal of interior walls, and similar improvements;
[7]
Installation or removal of home heating oil or propane tanks, in accordance with all applicable laws;
[8]
Repair, involving the removal and installation of an individual well or in-ground septic system, for a dwelling in existence and with a valid certificate of occupancy as of the effective date of this subsection;
[9]
Construction of a private shed not exceeding 300 square feet; or
[10]
Other minor improvements to dwellings or residential lots with an existing certificate of occupancy, after the Building Inspector has conferred with the Town Board, and the Town Board has rendered a determination that the improvement falls within the scope and nature of the exemptions listed herein.
(3)
Penalties for offenses.
(a)
Where an entity or its representative(s) refuses or otherwise fails to provide the information required under this subsection, the further processing of such application and any work related thereto ("the application") shall be suspended in all respects, until such time as the Board or official before which application is submitted or pending determines that the entity has fully complied with all provisions of this subsection. In the event any form of transfer of the property that is the subject of the application occurs, or the ownership, management or both of the project is transferred in any manner to another entity during a pending suspension of the application under this subsection, the application shall remain suspended until such time as the succeeding entity shall appear before such Board or official before whom the application is pending and obtain approval for any continued work in relation to the application, in addition to compliance with this subsection. The Building Inspector is authorized to and shall issue a stop-work order on any project where an application has been suspended under this subsection.
(b)
Any entity or authorized person or representative of an entity that provides no information, false information or grossly inaccurate information, or otherwise makes any misrepresentation in any application, shall, in addition to the suspension of any pending application as set forth in Subsection D(3)(a) above, be subject to a civil penalty of 1% of the stated value of the applicant's project, as reflected in its application, or the fair market value of the applicant's proposed project (whichever is greater) for any violation of this subsection. The Town Building Inspector/Code Enforcement Officer is hereby authorized to issue an appearance ticket or other process for a violation of this subsection.
(c)
Nothing herein shall be deemed to preclude a criminal proceeding being instituted by the People of the State of New York against the entity or any of its representatives in the Justice Court or County Court for any offenses where the conduct committed may constitute a violation of New York State Penal Law or other criminal statutes.
(d)
Civil penalty. In addition to those penalties prescribed herein and by state law, any person or entity who violates any provision of this chapter shall be liable for all reasonable attorney's fees, costs and disbursements incurred by the Town to recover this civil penalty in any legal action instituted in the name of the Town. In any such proceeding to collect a civil penalty or enforcement action, the Town shall be entitled to collect interest, costs and disbursements incurred in connection with such proceeding and, in addition, reasonable counsel fees or a charge to reimburse the Town for expenditures for appraisers, accountants or other consultants employed by the Town.
(4)
Application of law. This subsection shall apply to all land use applications to and/or before the Building Inspector, Town Board, Planning Board or Zoning Board of Appeals pending at the date of enactment of this subsection. This legislative action by the Town Board is being adopted by local law, using Municipal Home Rule Law procedures.
(5)
State Environmental Quality Review Act. Pursuant to 6 NYCRR 617.5(c)(20) and (27), this subsection is classified as Type II action, which requires no further review under the State Environmental Quality Review Act.
(6)
Severability. If any clause, sentence, paragraph, section, or part of this subsection shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such judgment shall have been rendered.
(7)
Repeal. All ordinances, local laws and parts thereof inconsistent with this subsection are hereby repealed.
(8)
When effective. This subsection shall become effective immediately upon being filed with the Secretary of State.
§ 235-77 Expiration of permits.
B.
If construction has been commenced within one year from the issuance of the building permit, but has not been completed, the permit holder may apply to the Building Inspector for one extension not to exceed one year measured from the expiration date of the permit, which extension shall be granted by the Building Inspector upon payment of 1/2 of the building permit fee initially required and provided that construction to date conforms to the approved plans and specifications. No more than one extension shall be permitted.
C.
If construction has not commenced prior to the expiration date of the permit, the permit holder may apply to the Zoning Board of Appeals for one extension not to exceed one year measured from the expiration of the permit upon payment of 1/2 of the building permit fee initially required, plus such other fee or fees as required for application the Zoning Board of Appeals. A total of no more than one extension by the Building Inspector and the Zoning Board of Appeals shall be permitted.
§ 235-78 Revocation of permits.
The Building Inspector may revoke a building permit in any of the following circumstances, subject to the procedures set forth in § 235-83:
A.
That there has been a false statement or misrepresentation as to a material fact in the application, plans, specifications or other accompanying documents upon which the building permit was based.
B.
That the building permit was issued in error and should not have been issued in accordance with the applicable laws.
C.
That the holder or the applicant has failed to meet the requirements of an approved site development plan or subdivision plat or requirements of a special permit granted by the Town Board or Board of Appeals or the requirements of a conditional use approved by the Planning Board.
D.
That the work being performed under the permit is not in accordance with the provision of the application, the permit, the plans or specifications.
§ 235-79 Stop-work orders.
The Building Inspector may issue a stop-work order, subject to the procedures set forth in § 235-83, under the following circumstances:
A.
Whenever the Building Inspector shall determine that work on any building or structure is being or has been conducted in violation of any of the provisions of the New York State Fire Prevention and Building Code, state, federal, County or Town laws, rules and regulations or has failed to meet or violates any requirement of any approved site plan, subdivision plan, special permit, conditional use permit or any permit granted pursuant to a variance, including, but not limited to, the required drainage, grade or elevation plans, sewer and septic plans, approved road profile plans and such other plans or specifications upon which a building permit was issued or that any work is being conducted in a dangerous or unsafe manner, then the Building Inspector shall notify the owner of the property or the owner's agent or the person performing the work to suspend and halt work.
B.
Such direction by the Building Inspector (a stop-work order) shall be in writing and delivered to the owner or the owner's agent or the person performing the work or affixed to any part of said structure.
C.
Such stop-work order shall state the reasons therefor and the conditions under which the work may be resumed.
D.
Should work continue in violation of the stop-work order, the Building Inspector may, without further notice, revoke the building permit and, if there is a certificate of occupancy, revoke the same.
§ 235-80 Certificates of occupancy.
A.
No building or structure shall be used or occupied, in whole or in part, unless or until a certificate of occupancy is issued by the Building Inspector and then only in conformity with said certificate.
B.
Temporary certificate of occupancy. A temporary certificate of occupancy may be issued for a period of 90 days, and extended, upon request, for not more than three additional ninety-day periods, for a building, structure or part thereof where the entire work is not completed; provided, however, that such portion or portions of the building or structure for which the certificate is issued may be occupied safely; and, further, provided that the property owner agrees to post a cash deposit with the Town in an amount recommended by the Planning Board and approved by the Town Board to secure the timely completion of the uncompleted work.
C.
No change shall be made in the use or occupancy of a building or structure unless a certificate of occupancy authorizing the change of use shall have been issued. A change in use or occupancy shall include, but not be limited to, a change in or of the type, class, nature or scope of the goods, services or operation. No certificate of occupancy authorizing a change in use of any building or structure other than a single- or two-family dwelling or permitted use accessory thereto may be issued until after the Planning Board has granted site plan approval.
§ 235-81 Issuance of certificates of occupancy.
A.
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, for the purposes therein stated.
B.
Before issuing a certificate:
(1)
The owner or his/her agent shall make application for a certificate of occupancy. Accompanying this application, and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector an affidavit of the owner or the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his/her experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought and that the structure has been erected in accordance with approved plans and, as erected, complies with this chapter and these regulations and the requirements of any approved subdivision, plat or site plan, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
(2)
The Building Inspector shall examine or cause to be examined all buildings, structures and sites for which the application has been filed.
C.
If the Building Inspector shall determine that the improvement, construction, etc., was made in conformity with the building permit, he/she shall issue a certificate of occupancy as the case may be.
§ 235-82 Revocation of certificates of occupancy.
If, after the issuance of a certificate of occupancy, the Building Inspector shall determine that there has been a violation of § 235-81 or that there has been a violation or set of circumstances which would authorize the revocation of a building permit pursuant to § 235-78 or 235-79, the Building Inspector may revoke the certificate of occupancy that had been issued.
§ 235-83 Due process hearing.
A.
No order of the Building Inspector, except as otherwise set forth in Subsection B, to revoke a permit or certificate of occupancy or to stop work shall become final until the property owner has been provided notice and an opportunity for a hearing before the Town Board. The property owner shall be provided written notice of the violation(s) or other circumstance(s) which give rise to a permit or certificate revocation or stop-work order. Said notice shall provide the property owner with the opportunity to be heard, with or without an attorney or other representative, before the Town Board to provide facts, information and reasons that a final order to revoke a permit or certificate or to stop work should not be made. The Town Board shall either affirm, affirm with modifications, or reverse the Building Inspector's order.
B.
If, in the Building Inspector's opinion, an order to revoke a permit or certificate or to stop work must become final immediately or at a time prior to the Town Board hearing in order to safeguard the public health, safety or welfare, then the Building Inspector shall provide reasons in writing for his/her opinion and the order shall become final on the date set forth in the notice provided to the permit holder. A hearing to review said final order shall be held by the Town Board as soon as possible after the order is made as provided herein.
C.
All notices provided pursuant to this section shall be delivered to a responsible person at the property or affixed to the property, and mailed by certified mail, return receipt requested, to the last known address of the permit holder.
§ 235-84 Penalties for offenses.
[Amended 1-25-1999 by L.L. No. 1-1999]
A.
Any person who shall violate any provision of this chapter or who shall build or alter any structure or use of land in violation of any statement of plan submitted and approved hereunder or who shall knowingly assist therein shall be punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation. In addition to the foregoing provisions, the Town shall have such other remedies for any violation or threatened violation of this chapter as is nor or may hereafter be provided by law.
B.
Civil penalties.
[Added 11-8-1999 by L.L. No. 6-1999]
(1)
In addition to and not in lieu of the above, any person who violates any provision of this chapter or who builds or alters any structure or use of land in violation of any statement or plan submitted and approved hereunder or who assists therein shall be liable to the Town for a civil penalty in an amount not to exceed $350 for a first violation; in an amount not less than $350 nor more than $700 for a second violation committed within a period of five years of the first violation; and in an amount of not less than $700 nor more than $1,000 for a third and each subsequent violation committed within a period of five years of the first violation. Each week's continued violation shall constitute a separate additional violation.
(2)
Civil penalties may be ordered in any action or proceeding by any court of competent jurisdiction, including but not limited to state and federal courts. All penalties shall be paid to the Town.
(3)
The judgment amount of any civil penalty ordered pursuant to this section, if not paid, may be assessed and levied against the real property which is the subject of the penalty and collected in the same manner as a real property tax.
C.
In addition to and not in lieu of the remedies authorized above, the Town Board or the Enforcement Officer may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or threatened violation of this chapter or to enforce any provision of this chapter.
[Added 11-8-1999 by L.L. No. 6-1999]
§ 235-85 Prosecution under statutory provisions.
Nothing contained herein shall be deemed to limit or prevent prosecution pursuant to the Multiple Residence Law or the Executive Law of the State of New York.
§ 235-86 Appeals from decisions of Building Inspector.
Whenever the Building Inspector, in his/her capacity as Zoning Enforcement Officer, shall approve or disapprove, act or fail to act or otherwise perform any of his duties and render a decision thereon, such decision shall be reviewable by appeal to the Zoning Board of Appeals. Such appeal shall be taken not more than 60 days after the filing of the decision of the Building Inspector. No appeals shall be heard by the Board of Appeals if not applied for within 60 days after the mailing to the applicant of the Building Inspector's decision, and any appeal or challenge to the Building Inspector's determination is precluded.
§ 235-87 Approval of site development plans prior to issuance of building permit.
Where a site development plan is required by this chapter, no building permits shall be issued for any buildings or structures on the site until the site development plan has been approved in accordance with Article XI of this chapter.