Inspect any building, structure or land to determine whether any violation of this chapter, the New York State Uniform Fire Prevention and Building Code, or such other laws, rules and regulations as the Building Inspector shall be chargeable with inspection or enforcement of, has been committed or exist, whether or not such building, structure or land is occupied, whether such occupancy is in conformity with all of the applicable laws, rules and regulations, whether or not a certificate of occupancy or use has been issued, whether or not occupancy is in conformity with the aforesaid certificates or such other certificates as the Building Inspector shall issue; and otherwise generally inspect and enforce all of the laws, rules and regulations relating to or affecting lots, buildings or structures and their use and occupancy.

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.

Keep the Village Board advised of all matters as the Village 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 and/or uses, of formal complaints of violation and the action taken on the same; and keep a record of all permits, certificates of occupancy and use issued that shall be available for public inspection.

Issue and post notices of violations, stop orders, 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 of occupancy and certificates of use.

Make such inspections and reports as shall be required by the Village Board for the enforcement, amendment or addition to this chapter or of any other applicable rules and regulations.

Apply to the Village 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 any other applicable rules and regulations.

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 for any order of the Building Inspector.

The construction, reconstruction, moving, demolition, structural alteration or change in the use of a building or a structure.

Any change in the bulk of a building, structure or nonbuilding use, but not including ordinary repairs which are not structural in nature.

Application for a building permit shall be made to, on forms provided by the Building Inspector, and shall contain the following information and shall be accompanied with the following documents and material as may be required by the Building Inspector:

The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. The Building Inspector shall approve or disapprove of the application within one month from the receipt of the completed application accompanied by all appropriate documents and fees.

The Building Inspector shall conduct architectural review of any applications for a building permit for the construction of a new building or structure or an alteration or addition affecting the exterior of said building or structure where the proposed gross floor area is estimated by the Building Inspector to exceed the previously existing gross floor area by more than 50%, and which has not been approved by the Planning Board, in the following manner:

Every building permit shall expire at the end of two years from the date of its issuance and shall be void and of no effect, subject to the extension provisions of Subsections B and C of this section.

If construction has been commenced within two years from the issuance of the building permit but has not been completed, the holder of the permit may apply to the Building Inspector for an extension not to exceed one year. Upon the payment of 1/2 of the fee required for the issuance of the original building permit, the Building Inspector may, in his discretion and for due cause, extend the permit for a period not to exceed one year from the date of its expiration.

If construction has not been commenced, the holder of the permit may apply to the Board of Appeals for an extension not to exceed one year from the expiration of the permit, upon the payment of 1/2 of the original building permit fee and such other fee or fees as may be payable upon any application to the Board of Appeals.

Failure to complete the work within the time prescribed shall require that a new building permit application be filed and a new permit issued before any work may commence or continue.

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.

The building permit was issued in error and should not have been issued in accordance with the applicable laws.

The holder or the applicant has failed to meet the requirements of an approved site development plan, subdivision plat, special permit, conditional use permit, variance, zone change or other permit or approval.

The work being performed under the permit is not in accordance with the provision of the application, the permit, the plans or specifications.

The holder of the permit has failed or refused to comply with a stop order issued by the Building Inspector under § 290-94 of this article.

Except for buildings constructed prior to February 5, 1930, no building shall be used or occupied in whole or in part unless or until a certificate of use or a certificate of occupancy, as appropriate, shall have been issued by the Building Inspector of the Village or Town, as the case may be, and then only in conformity with said certificate(s).

Partial certificate of occupancy or use. A partial certificate of occupancy or use for periods of 90 days, but not more than one year in the aggregate, for a building, structure or part thereof shall be issued before the entire work shall have been completed; provided, nonetheless, that such portion or portions for which the certificate is issued may be occupied safely. The Building Inspector shall require a cash deposit or an irrevocable letter of credit drawn on a bank and in a form satisfactory to the Village Attorney to ensure and guarantee the completion of the structure. The Building Inspector shall determine the sum of said cash or letter of credit.

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 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 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.

Before issuing a certificate:

If the Building Inspector shall determine that the improvement, construction, etc., was made in conformity with the building permit and any other applicable rules and regulations, the Building Inspector shall issue a certificate of occupancy or use as the case may be.

Applicability. Any and all such specific and nongeneral costs or expenses incurred by the Village in reviewing any application or petition for any zone change, special permit, license, franchise agreement, site development plan, subdivision, variance, SEQRA review, amendments to any approved map or Tax Map or text of the Village Code, as well as any other submissions to the Village Board of Trustees, the Village Zoning Board of Appeals or Village Planning Board, ARB, or CDRC or otherwise enforcing the rights of the Village regarding a specific applicant or property owner which require the use or employment of Village Counsel, special legal counsel, bond counsel, transactional counsel or other legal advice or representation, planning consultants, zoning consultants, engineers, experts, accountants, appraisers or other professionals or persons that may be deemed reasonably necessary by the Village to review, act upon or otherwise provide advice on any such matter shall be charged to and paid solely by the applicant or petitioner as well as property owner involved or other person seeking relief or otherwise responsible to the Village that makes such specific and nongeneral action or review by the Village appropriate or necessary.

Escrow account. The payment of such costs shall be deducted from an escrow account, to be established at the time any such application is made, in amount determined by the Village in accordance with the Village's Fee Schedule or as determined by resolution of the Village Board of Trustees. Such escrow account must be maintained in an amount sufficient to pay such fees or costs at the time they are incurred and must be replenished as directed by the Village Treasurer. No land use application shall be placed on an agenda for consideration or approval unless the escrow account is up-to-date, and no building permit or certificate of occupancy shall issue until all applicable costs referenced in this chapter have been paid in full.

Nature of costs. Any such costs paid or incurred by the Village that are reasonable and customary in the County of Rockland regarding the foregoing shall be charged to and paid by the applicant as well as the property owner involved, provided that the applicant as well as the property owner involved are seeking a benefit or other relief or approval from the Village, and further provided that said costs are necessary expenditures, and not expenditures for the convenience of a Board in fulfillment of its own decisionmaking responsibilities.

Maximum legal expense. Notwithstanding anything else set forth in this section, any legal costs billed against an escrow account established pursuant to this chapter shall be reasonable in amount and shall not exceed 5% of the cost of the fair market value of the estimated cost of construction or the infrastructure and other site improvements involved in said application.

Appeal rights. The person or entity required to pay said costs pursuant to this chapter has a right to contest any obligation to pay any or all of such costs or fees by notifying the Village, in writing, within 30 days of being advised of such cost or the obligation to pay. The Village shall properly supply written documentation to the person or entity from whom such costs are sought to be paid. That person or entity has 30 days from the date of transmittal of such documentation to object, in writing, to part or all of the costs or fees sought to be paid to the Village. If within that thirty-day period of time the entity or person objects to payment of some or all of the cost or fees to be imposed, the person or entity shall file, in writing, a detailed appeal to the Village Board of Trustees, specifying the basis for any objection to said payment. Within 90 days of the date of receipt of the appeal, the Village Board of Trustees shall determine the appeal and decide what costs or fees, if any, shall be paid by the person or entity making the appeal. In the event that the Village Board of Trustees requires payment of some or all of the costs or fees to be imposed, the person or entity shall have the right to file an appeal to the Supreme Court for the County of Rockland pursuant to Article 78 to challenge any such determination by the Village Board. Where a person or entity objects to any payment by the filing of an Article 78 proceeding, such amount shall remain in, but not be deducted from escrow until such time as the Supreme Court for the County of Rockland makes a determination regarding the same, if such an Article 78 proceeding is brought by the person or entity regarding said costs. In the event the escrow is insufficient to cover any disputed amount, the applicant must replenish the escrow account with an amount sufficient to cover the disputed expense (in addition to any other ongoing expenses) until such dispute is resolved or otherwise determined by the Supreme Court for the County of Rockland. After any review by the Rockland County Supreme Court, the applicant or other entity shall have a right to pursue an appeal to the Appellate Division, Second Department. Notwithstanding the same, the amount determined to be due from the applicant by the Rockland County Supreme Court shall be deducted from escrow, or paid by the applicant if the escrow is insufficient, unless a stay from a Court of competent jurisdiction is issued restraining the Village from regarding making such payment.

Additional rights of village. Nothing herein shall diminish or eliminate the right of the Village to obtain reimbursement of costs or expenses as provided for in any other law, rule or regulation.

Alternative agreements. Nothing herein shall prohibit the Village and any applicant from entering into an agreement as to the payment of professional fees where such application is unique or otherwise different and where the amount of an escrow for payment of reasonable costs may be difficult to ascertain. If the parties do not mutually assent to a written agreement concerning such fees in said situation, then provisions of this chapter shall control.

When effective. This section shall take effect upon filing with the Secretary of State and shall apply to all applications or matters for which final approvals have not already been granted by the Village.