Ellenville City Zoning Code
ARTICLE XI
Administration
§ 227-104 Enforcement officer; compliance required.
This chapter shall be enforced by the Building Inspector, who shall be appointed by the Village Board of Ellenville. No building permit or certificate of occupancy shall be issued by the Building Inspector for any purpose, except in compliance with the provisions of this chapter.
§ 227-105 Inspections and notices of violation.
A.
The Building Inspector is authorized to enter, inspect and examine any building, structure, place, premises or use in the Village of Ellenville with regard to the provisions of this chapter and to issue a written order for the proper remedying or compliance, within a reasonable period of time, of any condition found to be in violation thereof.
B.
The police, the Fire Department Inspector and the Health Department Inspector shall, at the request of the Building Inspector or on their own initiative, examine or investigate any building, structure, use or premises with regard to any provision of this chapter and shall issue reports and recommendations to the Building Inspector regarding any violation thereof.
§ 227-106 Legal action by enforcement officer.
If an unlawful condition or use is found not to have been properly remedied or made to comply with the provisions of this chapter by the expiration of the reasonable time period granted by the enforcement officer, then the enforcement officer is empowered to immediately institute any appropriate action, charge or proceedings in the proper legal court for the prevention, cessation or discontinuance of any condition, use, occupancy or act in, on, of or around any building, structure or tract of land and for the prosecution of any owner, occupant or offender.
§ 227-107 Legal action by taxpayers.
If the enforcement officer fails or refuses to proceed with any action in accordance with § 227-106 within a ten-day period following a written request by any taxpayer so to proceed, then any three or more taxpayers of the Village of Ellenville, residing or owning property in the district wherein such condition or use in violation of this chapter exists or in an adjacent district and who are jointly or severally aggrieved by such violation, may institute such appropriate action, charge or proceeding in like manner as such enforcement officer is authorized.
§ 227-108 Penalties for offenses.
[Amended 6-1-1987 by L.L. No. 2-1987]
A violation of any provision of this chapter shall be subject to a fine of not more than $50 per day of violation or imprisonment for a period not to exceed 10 days, or both. Each day of continued violation shall constitute a separate additional violation. If more than one provision is violated, each provision violated shall be considered a separate offense, each liable to maximum penalties as herein specified.
§ 227-109 Building permit required.
A.
When applicable, a building permit approved in accord with Chapter 70, Building Construction and Fire Prevention, shall be required prior to the start of any construction.
[Amended 12-6-1999 by L.L. No. 5-1999]
B.
The Building Inspector shall not issue a building permit for any use requiring issuance of a special permit or approval of a site plan by the Planning Commission unless and until such permit or approval has been transmitted in writing.
§ 227-110 Certificates of occupancy.
All persons desiring permission to occupy and use a building or structure following construction, erection, alteration, extension, relocation or structural changes, wholly or in part; to change the use of an existing building or of a part thereof; or to occupy and use vacant land for any uses other than those consisting principally of tilling the soil; shall apply to the Building Inspector for a certificate of occupancy. All applications for such certificates shall be made in accordance with the requirements of Chapter 70, Building Construction and Fire Prevention.