Bronxville City Zoning Code
ARTICLE XI
Administration, Amendments, Enforcement and Appeals
§ 310-60 Enforcement officers.
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.
§ 310-61 Building permits and certificates of occupancy.
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.
§ 310-62 Amendments.
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This chapter or any part thereof, may be amended, supplemented or repealed, from time to time, by the Board of Trustees on its own motion or on petition, as provided in the Village Law of New York State.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.
§ 310-63 Violations; penalties for offenses.
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.