Nothing contained in this chapter shall be taken to repeal, abrogate or annul or in any way impair or interfere with the New York State Uniform Fire Prevention and Building Code or any rules or regulations adopted or issued thereunder or any other provisions of law or ordinance or regulations existing or as may be adopted in the future when not in conflict with any of the provisions of this chapter. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulations or by such easements, covenants or agreements, the provisions of this chapter shall control.

Whenever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.

No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or thereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.

The Building Inspector shall administer the provisions of this Zoning Chapter, and the Village Police Department shall enforce the provisions of this chapter.

Should the Building Inspector be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a zoning permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall refuse such permit or certificate, and the matter shall be appealed to the Board of Appeals for interpretation and decision.

The Building Inspector shall adopt rules of procedure consistent with this chapter and as directed by the Village Board of Trustees for the purpose of assuring efficient and uniform administration of its provisions.

If the Building Inspector should mistakenly issue a zoning permit which violates the provisions of this chapter, that zoning permit shall be invalid.

General procedure.

One- or two-family dwellings and residential accessory structures.

All other structures and accessory structures.

The construction of such building or structure shall have been begun and diligently prosecuted within 90 days from the date of such permit.

The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based within one year from the effective date of this chapter, or any such amendment thereto, unless an extension is granted by an appeal to the Zoning Board of Appeals.

In the event that either condition is not complied with, such zoning permit shall be deemed invalid and shall be revoked by the Building Inspector.

It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter or of any building, structure, premises, lot or land or part thereof of which the use is changed until a certificate of occupancy has been obtained by the owner from the Building Inspector.

No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.

Administrative fees.

Escrow deposits. In connection with any application for a special permit, site plan approval, zoning amendment or variance, the reviewing board may require the applicant to pay in advance into an escrow fund established to cover the reasonable costs of reviewing such application. Such costs may include staff costs or consultant fees covering planning, engineering, architectural and environmental analysis, wetland delineation, legal review and other technical services required for a proper and thorough professional review of the application. No permit shall be issued until all costs have been paid. The village shall account for the expenditure of all such funds and shall promptly refund any unexpended funds within 10 days of final action by the reviewing board.

Where a violation of this chapter is determined to exist, the Village Police Department shall serve a notice of violation by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure or lot where such violation has been committed or shall exist and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist and on the agent, architect, contractor or any other such person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist. Such notice of violation shall direct the correction or removal of the violation within 10 days of the notice.

In cases where the removal of the violation within 10 days would be manifestly impossible, the Village Police Department shall apply to the governing body of the municipality for the determination as to a reasonable period of time within which such violation shall be removed.

If following the issuance of a notice of violation, the violation shall be removed but shall thereafter reoccur on the premises, no further notice of violation shall be required, and the Village Police Department shall be authorized to proceed directly with the further enforcement procedures authorized in this chapter.

If those persons notified shall fail to remove such violation within the allotted time period, the Village Police Department shall charge them with such violation of this chapter before the appropriate court of law.

Persons found guilty of such violation shall be subject to a fine not exceeding $250 or to imprisonment for not more than seven days, or both, for each violation. Each and every week such violation continues after the allotted period of time for its removal shall be deemed a separate and distinct violation.

In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or lot or to prevent an illegal act, conduct, business or use in or about such premises.

Any person may file a complaint with the Village Police Department regarding a violation of this chapter.

The Planning Board and Zoning Board of Appeals shall not be obligated to accept or review an application for any property that is the subject of a pending judicial enforcement proceeding under this chapter.