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Briarcliff Manor Town
City Zoning Code

§ 220-18

Administration and enforcement.

[3-16-2000 by L.L. No. 3-2000; 3-16-2000 by L.L. No. 3-2000; 9-18-2003 by L.L. No. 8-2003[1]; 6-4-2024 by L.L. No. 7-2024]
This chapter shall be enforced by the Building Inspector who shall be appointed by the Board of Trustees.
A. 
Building permits.
(1) 
Applications. Applications for building permits shall be made in the manner prescribed in the building code and the forms used shall provide spaces for information essential to the administration of this chapter.
(2) 
Permits. Each building permit shall be issued only upon compliance with this chapter, the building code and any other applicable codes, ordinances or local laws of the Village. Any such applicable requirements and any conditions imposed by the Board of Appeals in relation to the building permit shall be recorded on the face of such permit.
B. 
Certificate of occupancy.
(1) 
Application. Application for certificates of occupancy shall be made in the manner prescribed in the building code.[2]
[2]
Editor's Note: See Ch. 90, Building Construction and Fire Prevention.
(2) 
Occupancy prohibited without certificate. It shall be unlawful for an owner to use or permit the use of any building or premises, or part thereof, created, erected, changed, converted or enlarged, wholly or partly, until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this Zoning Chapter, the building code and any approval granted hereunder. It shall be the duty of the Building Inspector to issue a certificate of occupancy, provided that it is satisfied that the building and the proposed use of the building or premises conform with all the requirements of the Zoning Chapter. The details of any site plan, special permit or other approval by the Village Board of Trustees, Planning Board or Board of Appeals acting under the terms of the Zoning Chapter, and any conditions attached to such approvals, shall be deemed to be requirements of the Zoning Chapter.
(3) 
Continued conformity required. A certificate of occupancy shall be deemed to authorize continued or changed 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, or of such land, is in full conformity with the provisions of the Zoning Chapter and any requirements made in connection therewith at the time of the issuance thereof. Violations or noncompliance with such standards or requirements of the Zoning Chapter, or any plan detail or condition of any permit, certificate or approval granted in accordance with the Zoning Chapter shall constitute an offense punishable by fine or imprisonment, or both, in accordance with § 220-18C of the Zoning Chapter.
(4) 
Determination of conformance. The Building Inspector shall maintain a record of all certificates, and copies shall be furnished upon request to any person. Upon written request from the owner and on payment by him to the Village of a fee in accordance with the current fee schedule, the Building Inspector shall issue a statement for any building or premises, certifying, after inspection, the extent and kind of use or disposition of the building or premises and whether such use or disposition of the building or premises conforms with the provisions of the building code, this Zoning Chapter and of any approval granted hereunder. The Building Inspector shall issue a notice of violation and/or an order to remedy for any condition which is found not to conform with the provisions of the building code, this Zoning Chapter and of any approval granted hereunder.
C. 
Violations.
(1) 
A violation of the Village Zoning 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 or an amount equal to twice the amount of the gain realized from the commission of the offense, 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 or an amount equal to twice the amount of the person's gain from the commission of the violation; or imprisonment for a period not to exceed six months, or both. Conviction of an offense related to the failure to comply with a condition of a special permit as defined in § 220-6 hereof shall be triple the amount herein, or four times the amount of the gain realized from the commission of the offense, 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 the Village Zoning Chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
(2) 
Each week's continued violation shall constitute a separate additional violation.
(3) 
Any person, including any firm, corporation or other entity, owner, builder, architect, engineer, tenant, contractor, subcontractor, construction superintendent, agent or other person who shall violate any provision of this Zoning Chapter or any other regulation made under authority conferred thereby, or who shall violate or fail to maintain continued conformity with any plan detail or condition of any permit, certificate or approval granted in accordance with the Zoning Chapter, or who shall assist therein, shall be deemed in violation of this chapter and shall be liable upon conviction to a fine or imprisonment, or both, as provided in the Zoning Chapter.
(4) 
A notice of violation issued by the Building Inspector relative to a premises shall be served either personally or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed within one day of posting to the person to whom it is directed at such person's last known address as listed in the Village tax rolls.
(5) 
In the event that compliance with the notice of violation is not made within five days from either personal service or from posting and mailing, the Building Inspector may then serve an accusatory instrument, as defined in the Criminal Procedure Law, in the Village Justice Court to compel the appearance of the property owner, tenant, lessee or other person in control of the property to appear in such Court to answer the accusatory instrument. All provisions of New York Sate Law affecting Village Code violations shall apply to these proceedings; provided, however, that such notice shall not be required where in the judgment of the Building Inspector the alleged violation constitutes a threat to life, health or safety, in which no such notice shall be required.
D. 
Limitation on issuance of permit approvals and building permits. Once the Board of Trustees of the Village of Briarcliff Manor, by a duly adopted resolution, has authorized and scheduled a public hearing on a proposed amendment to this chapter, and for a period of 60 days after the date of adoption of such resolution, no building permit shall be issued nor shall any subdivision, site plan, special permit, or other land use approval, or variance be granted by the Board of Trustees, Planning Board or Zoning Board of Appeals for the erection, enlargement or alteration of any building or structure which shall be contrary to, or in violation of, the provisions of the proposed amendment. The provisions of this subsection shall cease to apply on the effective date of the enactment of a proposed amendment if such date occurs prior to the expiration of the sixty-day period set forth herein.
[1]
Editor's Note: This local law also provided that its provisions are intended to supersede inconsistent provisions of §§ 190-12, 220-6, 220-14 and 220-17 of the Briarcliff Code and §§ 7-712-a(8), 7-725(a)(8); 725-b(6) and 7-728(5), (6) and (8) of the Village Law.