East Greenbush City Zoning Code
ARTICLE IV
Enforcement
§ 57-59 Enforcement office.
This chapter shall be enforced by the Code Enforcement Official who shall be appointed by the Town Board of East Greenbush. The Town Board may fix the salary or remuneration of such Code Enforcement Official and provide for the payment thereof.
§ 57-60 Rules, regulations, and forms.
The Code Enforcement Official shall have the authority to make, adopt, and promulgate such written rules, regulations, and forms as they may deem necessary for the proper enforcement and administration of this chapter and to secure the intent thereof. Such rules, regulations, and forms shall not be in conflict with the provisions of this chapter or any ordinance of the Town of East Greenbush nor shall they have the effect of waiving any provisions of this chapter or any law, ordinance, or regulation. Such rules, regulations, and forms shall have the same force and effect as the provisions of this chapter and be subject to the same penalties for violations thereof. Such rules, regulations, and forms shall be submitted to the Town Board by the Code Enforcement Official, which shall move to approve, reject, or modify such rules, regulations, or forms within 30 days after submission. Failure to so move shall be construed to constitute approval thereof. Said rules, regulations and forms as approved by the Town Board shall be on file and available to public view.
§ 57-61 Entry and inspection.
The Code Enforcement Official shall have the right to enter upon, examine, and inspect, or to cause to be entered, examined and inspected, any building or property at any time for the purpose of carrying out his duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file by the Code Enforcement Official.
§ 57-62 Violations; penalties for offenses.
Whenever in the opinion of the Code Enforcement Official, after proper examination and inspection, there appears to exist a violation of any provision of this chapter or of any rule written notice of violation upon the appropriate person responsible for such alleged violation.
A.
Notice of violation. Such notice of violation shall inform the recipient of:
B.
Extension. The Code Enforcement Official may extend the date of compliance specified in a notice of violation after written application, if in their opinion there is reasonable evidence of intent to comply and that reasonable conditions exist which prevent compliance by the specified date.
C.
Emergency action. If in the opinion of the Code Enforcement Official a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety, morals or welfare of occupants of a building or to other persons, they may take direct action on their own initiative to abate the hazard or danger. Any costs incurred by such action shall be paid for by the owner, occupant, or person responsible for the violation. The Code Enforcement Official shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken, and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses, or place a lien against the property, in order to recover the costs.
D.
Request for hearing. Any person served with a notice of violation in accordance with this § 57-62 and who denies the violation or is allegedly aggrieved by the required action necessary for compliance, may within 10 days after service of notice made a request in writing for a hearing before the Code Enforcement Official stating the reasons why such hearing is requested.
E.
Abeyance. Compliance with a notice of violation shall not be required while a hearing is pending.
F.
Hearing. Within 10 days after receipt of a request for a hearing, the Code Enforcement Official shall acknowledge receipt in writing and set a time and place for such hearing not later than 30 days after date request was received. Hearings may be postponed beyond 30 days by the Code Enforcement Official for just cause, and notice of postponement shall be served. The person requesting the hearing shall be required to show cause or give evidence why he should be required to remedy the violation or why he is unable to comply with the remedial action outlined in the notice of violation.
G.
Findings. After consideration of all testimony given at the hearing held in accordance with Subsection F of this section, the Code Enforcement Official shall sustain, withdraw, or modify the notice of violation as originally served. If such notice is sustained or modified, the Code Enforcement Official shall set a new compliance date by which the violation shall be remedied or removed in accordance with the original notice of violation or modified remedial action specified at the hearing.
H.
Certificate of zoning compliance. On reinspection following the expiration of the date of compliance as specified in the notice of violation, if the violation has been remedied or removed in accordance with the specified remedial actions and there is no longer a violation of any provision of this chapter, then a certificate of zoning compliance shall be issued by the Code Enforcement Official.
I.
Legal action by the Town for noncompliance. On reinspection following the expiration of the date of compliance as specified in the notice of violation or as extended in accordance with Subsection B of this section, if the remedial action specified has not been carried out and there is still in existence in the opinion of the Code Enforcement Official a violation or a provision of this chapter, then the Code Enforcement Official shall immediately refer the matter to the Town Attorney who shall thereupon institute appropriate legal action to restrain, prevent, enjoin, abate, remedy, or remove such violation and to take whatever other legal action is necessary to compel compliance with this chapter.
J.
Legal action by taxpayers for noncompliance. If the Code Enforcement Official fails or refuses to refer a violation of this chapter to the Town Attorney for legal action in accordance with Subsection I of this section within a ten-day period following written request by any taxpayer so to proceed, then any three or more taxpayers of the Town of East Greenbush may institute appropriate legal action in a proper court to restrain, prevent, enjoin, abate, remedy, or remove such violation.
K.
Failure to apply for building permit or certificate of occupancy. Any person who fails to apply for a building permit or certificate of occupancy as required by, and in accordance with, this chapter and who proceeds to construct, erect, relocate, alter, extend, or structurally change a building or part thereof or who subsequently proceeds to occupy or use or change the use of land shall be required to file application and plans and pay the fee as provided in this chapter and in addition shall be required to pay an inspection fee for alterations and a fee in accordance with § 57-63F for new construction. The Code Enforcement Official shall inspect or cause to be inspected such building or land and shall issue either a notice of violation in accordance with this § 57-62 or a certificate of occupancy in accordance with § 57-64.
L.
Penalties. Any person who shall violate, or cause to be violated, or assist in the violation of any provisions of this chapter shall be subject to conviction for an offense and be subject to a fine.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Each week that such violation continues shall constitute a separate offense. The term "person" as used in this section shall include an owner, occupant, mortgagee, tenant, vendee in possession, assignee of rents, receiver executor, trustee, lessee, agent, or any other person, firm, or corporation directly or indirectly in control of a building, property, or part thereof.
§ 57-63 Building permits; zoning requirements.
All persons proposing to construct, erect, or relocate, alter, repair, extend, remove, demolish, or structurally change any building, structure, or portion thereof shall apply to the Code Enforcement Official for a building permit on an appropriate form.
A.
Building permit requirements. Any construction or structural renovation work larger than 576 square feet or which has a construction cost greater than $10,000 must provide construction drawings of the proposed work stamped by an architect or structural engineer licensed to practice in New York State by the Department of Education in order to be eligible for a building permit.
B.
Application for building permit. Any such application for a building permit shall be made in duplicate, shall state the use and occupancy proposed, and shall be accompanied by two copies of all plans drawn to scale showing the dimensions and location on the lot or in the building of the proposed construction, erection, relocation, alteration, repair, extension, removal, demolition, or structural change, and showing its relation to any existing building or other structures; and the proposed grading around such building.
C.
Approval. The Code Enforcement Official, after determining that such proposed work, use and occupancy are in compliance with all provisions of this chapter and the rules and regulations adopted thereunder, may approve any such application and issue a building permit in connection therewith. An order from the Board of Appeals excepting the applicant from any provisions of this chapter shall be acceptable in lieu of compliance with said provisions. The Code Enforcement Official shall return to the applicant one copy of such application and plans, endorsed as approved.
D.
Disapproval. The Code Enforcement Official, after determining that such proposed work, use and occupancy are not in compliance with all provisions of this chapter and the rules and regulations adopted thereunder, shall disapprove such application and shall return to the applicant one copy of such application and plans endorsed as disapproved with the reasons stated in writing and submitted along with the application for a building permit.
E.
Prior approval. If approval is required by the Board of Appeals, Planning Board, Rensselaer County Department of Health or other agency for any such proposed work, such approval shall be obtained in writing and submitted along with the application for a building permit.
F.
Fees. An application for preliminary site plan review and approval shall be accompanied by payment of a fee in accordance with the fee schedule established and annually reviewed by the Town Board. For a listing of fees for different permits, contact the Town Hall.
G.
Expiration. Every building permit issued shall become void after the expiration of one calendar year immediately following the date of issuance, and any further work on any premises after the expiration date or extension period of such building permit has passed shall constitute a violation of this chapter. Prior to such expiration date, the applicant may either apply to the Code Enforcement Official for a new building permit or for an extension of the expiration date of the original building permit.
H.
Extension. The Code Enforcement Official may for just cause extend the expiration date of any building permit for a reasonable time period and may attach reasonable conditions to such extension relating to the work involved or situations that exist as a result of the work.
I.
Rescission. The Code Enforcement Official may for just cause rescind a building permit which he has issued.
J.
Stop orders. Whenever the Code Enforcement Official has reasonable ground to believe that work on any building or structure is being conducted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, they shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon the person to whom it is directed either by delivering it personally to them, or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail.
K.
Inspection. The Code Enforcement Official shall inspect or cause to be inspected any building, structure, or portion thereof after completion of any work for which a building permit was issued and be assured that all plans as approved are complied with before issuing a certificate of occupancy in accordance with § 57-64.
§ 57-64 Certificate of occupancy; zoning requirements.
A.
All persons desiring permission to do any of the following shall apply to the Code Enforcement Official for a certificate of occupancy on the appropriate form:
(1)
To occupy and use a building or structure or part thereof following construction, erection, relocation, alteration, repair, extension, removal, demolition, or structural changes, wholly or in part; or
(2)
To change the use of an existing building or a part thereof; or
(3)
To occupy and use vacant land, or to change the use of land, for any uses other than those consisting principally of tilling the soil.
B.
Application for certificate of occupancy. Any such application for a certificate of occupancy shall be made in duplicate in accordance with rules established by the Code Enforcement Official.
C.
Approval. The Code Enforcement Official may issue a certificate of occupancy for any of the reasons stated in this § 57-64 after determining by inspection that 1) such reason complies with this chapter and other applicable laws, ordinances, and regulations, or 2) the premises comply with the plans, specifications, and conditions for which a building permit was issued.
D.
Additional data and documents. Every applicant for a certificate of occupancy shall list the data and documents submitted with his application for a building permit, or in case none was required he shall submit such additional data and documents as is required by rules established by the Code Enforcement Official.
E.
Entitlement. The issuance of a certificate of occupancy by the Code Enforcement Official shall entitle and authorize the applicant to occupy and use, initially and continuously, or to change the use of, building and land in accordance with this § 57-64.
F.
Validity. A certificate of occupancy shall remain valid only for those specific conditions of use and occupancy in effect at the time of issuance or for which said certificate was issued, subject to the requirements for nonconforming uses.
G.
Disapproval. In case the Code Enforcement Official shall refuse to issue a certificate of occupancy, their reasons shall be stated in writing on the applications and one copy shall be returned to the applicant.
H.
Rescission. The Code Enforcement Official may rescind for just cause a certificate of occupancy which they have issued.
I.
Fees. Every application for a certificate of occupancy shall be accompanied by the required fee.