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Clinton Village City Zoning Code

ARTICLE XI

Administration and Enforcement

§ 260-33 Enforcement and administrative officials.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No building permit or certificate of occupancy shall be issued, except in compliance with the provisions of this chapter, and any amendment thereto, or as directed by the Zoning Board of Appeals. Application for building permits and certificates of occupancy shall be obtained and filed in the office of the Village Clerk. The office of the Village Clerk will be the repository for official records of duties as performed by officials of the Village. These official records will be available for public review during normal business hours.
The office of Code Enforcement Officer and is hereby established. The Code Enforcement Officer shall be appointed by the Village Board to serve at its pleasure. It shall be the duty of the Code Enforcement Officer to administer the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant to the same. The enforcement of the provisions of this chapter, New York State statutes, including but not limited to the New York State Building Code, and Village of Clinton Codes and Ordinances, and of all the rules, conditions and requirements adopted or specified pursuant to the same, may be made by either the Code Enforcement Officer or other officer as the Village Board may appoint. The provisions of this chapter shall be enforced by the appointed officers as appropriate to their position and shall have the power to make inspections of buildings and premises necessary to carry out the enforcement hereof and to issue all appropriate notices, orders, or appearance tickets to insure compliance thereof.
The Code Enforcement Officer shall file all applications for certificates of occupancy and building permits along with plans submitted therewith as well as final certificates and permits with the Village Clerk.
The Code Enforcement Officer shall file records of every complaint of a violation of the provisions of this chapter, as well as action taken as a result of such complaints with the Village Clerk.
The Code Enforcement Officer shall submit to the Village Clerk a written report summarizing for the month all building permits and certificates of occupancy issued as well as complaints of violations and action taken as a result of such complaints.

§ 260-34 Building permits.

No building shall be erected, moved, demolished, structurally altered, added to, enlarged or a change in its use effected or a change in the use of a property and no excavation for any building shall be begun unless and until a building permit for such action has been issued by the Code Enforcement Officer.
Applications for building permits shall be submitted on a form or forms provided by the Village Clerk. Each application shall set for the purpose for which the building is intended to be used and a general description of the structure to be erected and/or modified shall include the plot diagram in accordance with the application for building permit. The Code Enforcement Officer may require such additional information other than that called for on the application form as may reasonably be needed to determine if the modification or proposed building, its use and the use of the land are in conformity with the provisions of this chapter.
The building permit, when signed and issued by the Code Enforcement Officer, shall be posted conspicuously on the premises facing the street or road where the permit authorizes the work to be done. Said building permit shall remain posted until all such construction for which the permit was issued has been completed.
A building permit for a conforming use shall expire in six months unless the construction authorized by such permit shall have been started and vigorously prosecuted during that time. The Village Board may extend the building permit for one six-month period if, in its judgment, the facts in the particular situation warrant such extension. Construction shall be initiated within six months of the date of extension of the permit. Failure to do shall nullify the permit. Final exterior permits are nontransferable. Construction shall be completed within 24 months of the date of the issuance of the building permit, unless the Village Planning Board grants an extension.
The Code Enforcement Officer shall inspect the site at the commencement of the initial site work. The date shall be estimated in the building permit application. This inspection should always precede completion of any major foundation work that would effectively commit the construction to a precise location. At this time, the Code Enforcement Officer shall substantiate full compliance with the building permit application and this chapter.

§ 260-35 Certificate of occupancy.

A certificate of occupancy is required for any of the following; however, no certificate shall be issued unless the work has been substantially completed in accordance with the plans and specifications:
Occupancy and use of a building hereafter erected, altered, moved or extended.
Change in the use of an existing building.
Occupancy and use of vacant land, except for any use consisting primarily of tilling the soil or similar agricultural use.
Change in the use of land, except for any use consisting primarily of tilling the soil or similar agricultural use.
A certificate of occupancy may be obtained on application, from the Village Clerk. Such certificate shall be issued only if the proposed use of the building or land conforms to the provisions of this chapter. The Code Enforcement Officer shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy has been applied before issuing such certificate. Such inspection shall be made within five days from the date of application. Failure to make such inspection and determination within the specified period of time shall not be deemed as approval of the application for certificate of occupancy.

§ 260-36 Penalties for offenses.

Any person or corporation, whether as owner or lessee, agent or employee, who shall violate any of the provisions of this chapter or who fails to comply with any order or regulation made thereunder; or who erects, alters, moves or uses any building or uses any land in violation of any detailed statement or plans submitted by him or her and approved under the provisions of this chapter, shall be guilty of an offense and, upon conviction, shall be punished by a fine not exceeding $250 or imprisonment not exceeding six months, or both, for a first offense; for a second offense, both of which were committed within a period of five years, a fine not less than $350 nor more than $700 or imprisonment not exceeding six months, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $700 nor more than $1,000 or imprisonment not exceeding six months, or both, all in accordance with provisions of § 20-2006 of the Village Law and any amendments thereto and any other statutes relating thereto. Each week's continued violation shall constitute a separate additional violation.
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, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such building, structure or land, all in accordance with the provisions of §§ 7-714 and 20-2006 of the Village Law, and any amendments thereto, and any other statutes relating thereto.
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Village of Clinton may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

§ 260-37 Complaints of violations.

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint. Such a complaint, which publicly identifies the complainant shall state fully the causes and basis thereof, and shall be filed with the Code Enforcement Officer. Upon the receipt of the complaint, the Code Enforcement Officer is empowered, authorized to correct and otherwise directed to investigate any complaints received. The Code Enforcement Officer shall record the complaint, conduct an investigation and issue written findings to the Village Board, Village Clerk and to any party filing the complaint. If the Code Enforcement Officer finds that any of the provisions of this chapter are violated, written notification will be sent to the party responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it. The Code Enforcement Officer shall file copies of any notice of violation and corrective action taken with the Village Clerk.

§ 260-38 Stop-work orders.

The Village of Clinton may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village of Clinton confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.