Buchanan City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 211-44 Compliance required prior to approval.
No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or building that would not be in full compliance with the provisions of this chapter, except as permitted under § 211-38. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceeding or revocation or nullification thereof.
§ 211-45 Enforcement officials.
This chapter shall be enforced by the Building Inspector and such Deputy Inspectors as may be required.
§ 211-45.1 Inspection and reinspection.
[Added 10-3-2017 by L.L. No. 4-2017]
In order to safeguard the safety, health and welfare of the public, the Building Inspector is authorized to develop and carry out plans for the inspection and reinspection of all premises in the Village of Buchanan including:
A.
Investigate all complaints of alleged housing violations or other unsafe, unsanitary conditions.
B.
A procedure for reinspection of all residential premises or parts thereof in violation of this chapter.
C.
All residential properties shall be inspected/reinspected by the Building Department before transfer of ownership or the issuance of a certificate of occupancy at a fee as set from time to time by the Board of Trustees. Such fee shall include issuance of a new certificate of occupancy for the property.
§ 211-46 Right of entry; complaints; penalties for offenses.
[Amended 10-3-2017 by L.L. No. 4-2017]
A.
Right of entry. The Building Inspector or his authorized agent, upon the showing of proper credentials and in the discharge of his duties, may enter upon any land or building or structure between the hours of 7:00 a.m. and 8:00 p.m. for the purpose of making inspections and performing duties under this chapter, subject to all applicable laws.
(1)
If admission is refused or cannot be obtained from any owner, occupant or operator of a residential structure, the Building Inspector or his/her authorized agent shall be authorized to obtain a search warrant and make an inspection, provided reasonable or probable cause is shown.
(2)
In case of an emergency, the Building Inspector and his/her authorized agent may, without a search warrant, enter any premises or parts of premises to inspect at any time without the permission of the owner, occupant or operator.
B.
Violations. Any person, including any firm, corporation or other entity, owner, builder, architect, engineer, tenant, contractor, subcontractor, construction superintendent, agent or other person taking part or assisting in the construction or use of any building, structure or land shall be guilty of a violation of this chapter if he:
(1)
Violates any provision of this chapter.
(2)
Builds, alters or uses any structure or uses any land in violation of any statement, plan, map or application submitted to the Village of Buchanan.
(3)
Fails to comply with a written order or notice of the Building Inspector within the time fixed for compliance therewith.
(4)
Violates any order, notice, directive, permit or certificate or approval of the Building Inspector or other authority or agency of the Village of Buchanan.
C.
Complaint of violation whenever a violation of any provision of this chapter occurs. Any person may file a complaint with the Building Inspector, who shall properly record such complaint and investigate the same.
D.
Criminal penalties for offenses. Any person committing a violation of any provision of this chapter shall be guilty of an offense punishable by a fine of not less than $150 nor more than $500 or by 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, a fine of not less than $500 nor more than $1,000 or imprisonment for a period not to exceed six months, or both, shall be imposed; and, upon conviction for a third or subsequent offenses, all of which were committed within a period of five years, a fine of not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed six months, or both, shall be imposed. Each week's continued violation shall constitute a separate additional violation hereunder.
E.
Civil penalties for offenses. Any person who fails to abate, cure or terminate any violation of this chapter within 10 calendar days of receiving notice of the same shall be subject to a civil penalty. Notice of violations may be personally served or sent by certified mail to the person's home or business address. Said civil penalty shall not be less than $500 nor more than $3,000. The civil penalty shall be recovered by suit brought by the Village of Buchanan and shall be retained by the Village of Buchanan. Each week's continued violation shall constitute a separate and additional violation hereunder and shall subject the person to an additional civil penalty.
F.
Cumulative remedies. The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law.
§ 211-47 Additional remedies.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this chapter or any regulation made under authority conferred thereby, the Village Board or any Village officer designated by said Village Board or the Building Inspector, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 211-48 Building permits required.
No building or structure shall be erected, constructed, enlarged, structurally altered or moved until a permit therefor has been issued by the Building Inspector, in accordance with Chapter 67, Building Construction, of the Code of the Village of Buchanan.
§ 211-49 Certificates of occupancy and/or use.
A.
Except for buildings constructed prior to 1951, no building shall be used or occupied in whole or in part unless or until a certificate of occupancy, as appropriate, shall have been issued by the Building Inspector and then only in conformity with said certificate(s).
B.
No change shall be made in the use or occupancy of any building or structure, including those constructed prior to 1951, unless a certificate of occupancy authorizing the change of use shall have been issued. A change in use shall include but not be limited to a change in or of the type, class, nature or scope of the goods, services or operation. A change of occupancy shall include a change of owner, tenant, subtenant or occupant of any use in any structure, building or location other than a single-family residence.
§ 211-50 Continued conformity required.
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 applied and 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 this chapter and any requirements made pursuant thereto.
B.
On the serving of notice by the Building Inspector of any violation of any of said provisions or requirements in respect to any structure or land or the use thereof, the certificates shall thereupon become null and void, and a new certificate shall be required for any further use of such structure or land.
§ 211-51 Existing structures.
Upon written request from the owner and on payment of a fee in accordance with the standard schedule of fees as adopted by the Village Board, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of the enactment of this chapter, 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 to the provisions of this chapter.
§ 211-52 Review of decisions by Building Inspector.
Whenever the Building Inspector shall approve or disapprove, act or fail to act or otherwise perform any of his duties and shall render a decision thereon, such decision shall be reviewable by appeal to the Board of Appeals from the Building Inspector's decision. Such appeal shall be taken not more than 30 days after the filing of the decision of the Building Inspector in the office of the Building Inspector.