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Goshen Village City Zoning Code

ARTICLE XIV

ADMINISTRATION AND ENFORCEMENT11


Footnotes:
--- (11) ---

Cross reference— Administration, ch.2; fees for matters before the zoning board of appeals, § 2-162; fees for matters regarding planning and planning board matters, § 2-163.


Sec. 14.1.- Duties of the building inspector.

14.1.1. Except as otherwise specifically provided by law, ordinance, rule or regulation, the village building inspector's office shall administer and enforce the provisions of the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time and the provisions of the State Energy Conservation Construction Code, as may be amended from time to time, in connection with reviewing and/or approving plans, specifications and/or permits for the construction, demolition, alteration or repair of buildings and structures and the installation and the use of materials and equipment therein and the location, use and occupancy thereof.

(L.L. No. 2-2007, § 1, 2-26-07)

Sec. 14.2. - Building permits.

No building in any district shall be erected, constructed or restored, or structurally altered, without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings or revocations of nullification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful.

14.2.1. Every application for a building permit shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a certified survey is required prepared by a duly licensed land surveyor.

14.2.1.1. The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if any existing building;

14.2.1.2. The block and lot numbers as they appear on the latest tax records;

14.2.1.3. The exact size and locations on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot;

14.2.1.4. The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot;

14.2.1.5. The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate; and

14.2.1.6. Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this ordinance.

14.2.2. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as stipulated in Village Law § 7-736(2).

14.2.3. No building permit shall be issued for any building where the site plan of such building is subject to approval by the planning board, except in conformity with the plans approved by the planning board. A building permit must be issued for each building.

14.2.4. No building permit shall be issued for a building to be used for any conditional use in any district where such use is allowed only by approval of the planning board unless and until such approval has been duly granted by the planning board.

14.2.5. The building permit application and all supporting documentation shall be made in triplicate. On the issuance of a building permit, the building inspector shall return one copy of all filed documents to the applicant.

14.2.6. The building inspector shall, within ten days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the building inspector shall state in writing to the applicant the reasons for such denial.

14.2.7. Every building permit shall expire if the work authorized has not commenced within six months after the date of issuance, or has not been completed within 18 months from such date for construction costing less than $1,000,000.00, and has not been completed within 30 months from such date for construction costing in excess of such amount. If no zoning amendments or other codes or regulations affecting subject property have been enacted in the interim, the building inspector may authorize in writing the extension of either above periods for an additional six months, following which no further work is to be undertaken without a new building permit.

14.2.8. As soon as the foundation of a building or of any addition to an existing building is completed, and before first-story framing or wall construction is begun, there shall be filed with the building inspector an accurate survey signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot.

14.2.9. The appropriate fee, as outlined in the standard schedule of fees of the Village of Goshen, shall be submitted with each building permit application.

Sec. 14.3. - Certificate of occupancy.

14.3.1. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the building inspector:

14.3.1.1. Occupancy and use of a building erected, reconstructed, restored, structurally altered, moved, or any change in use of an existing building;

14.3.1.2. Occupancy, use or any change in the use of any land; and

14.3.1.3. Any change in use of a nonconforming use.

14.3.2. No certificate of occupancy shall be issued for any conditional use of a building or of land requiring conditional use approval by the planning board for any land or use requiring site plan approval by the planning board unless and until such conditional use of [or] site plan approval has been duly granted by the planning board. Every certificate of occupancy for which conditional use or site plan approval has been granted, or in connection with which a variance has been granted by the board of appeals, shall contain a detailed statement of any conditions to which the same is subject.

14.3.3. On a form furnished by the building inspector, application for a certificate of occupancy for a new building, or for an existing building which has been altered, shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this ordinance and in the case of a new building shall be accompanied by an accurate plot plan, or, if not available, by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. Such certificate shall be issued within ten days after receipt of the properly completed application, but only providing the application states that all requirements of all other applicable codes or ordinances in effect are complied with.

14.3.4. If the proposed use is in conformity with the provisions of this ordinance and of all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the building inspector within ten days after receipt of a properly completed application. If a certificate of occupancy is denied, the building inspector shall state the reasons in writing to the applicant.

14.3.5. In regard to those uses listed in article IX which are subject to the performance standards procedure, the following requirements shall also apply:

14.3.5.1. Any normal replacement or addition of equipment and machinery not affecting the operations or the degree or nature of dangerous and objectionable elements emitted shall not be considered a change in use.

14.3.5.2. After occupancy, if there occur continuous or frequent, even though intermittent, violations of the performance standards and other provisions of article IX for a period of five days, without bona fide and immediate corrective work, the building inspector shall suspend or revoke the occupancy permit of the use and the operation shall immediately cease until it is able to operate in accordance with these regulations, at which time the occupancy permit shall be reinstated.

14.3.5.3. The building inspector shall investigate any alleged violation of performance standards, and if there are reasonable grounds to believe that a violation exists, he may employ, upon authorization of the village board, qualified experts for such investigation. A copy of said findings shall be forwarded to the village board. The services of any qualified experts employed by the village to advise in establishing a violation shall be paid for by the violator, if it shall be determined that a violation is proved, and otherwise by the village. No new certificate of occupancy shall be issued unless such charges have been paid to the village.

14.3.6. Every application for a certificate of occupancy shall be accompanied by a fee as specified in the standard schedule of fees of the Village of Goshen. Copies of such certificate shall be made available by the building department upon request.

14.3.7. A certificate of occupancy shall be deemed to authorize, and is required, for both initial occupancy and the continuance of occupancy and use of the building or land to which it applies.

14.3.8. Upon written request by the owner, and upon payment of the required fee, the building inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this ordinance, certifying such use and whether or not the same and the building conforms to the provisions of this ordinance.

14.3.9. A record of all certificates of occupancy shall be kept in the office of the building inspector and copies shall be furnished, on request, to any agency of the village or to any persons having a proprietary or tenancy interest in the building or land affected.

Sec. 14.4. - Violations and penalties.

14.4.1. Any person who shall violate any provision of this ordinance, or who shall build or alter any structure or use any land in violation of any statement, plan, permit, or certificate submitted and approved thereunder, or who shall knowingly assist therein, shall be liable to a fine of not more than $350.00, or imprisonment not exceeding ten days, or both, for each offense.

14.4.2. The owner, general agent or contractor of a building, premises, or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.

14.4.3. Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such an offense.

14.4.4. The building inspector shall send an order to remove violation to the owner or applicable agent, by registered mail, directing the responsible party to remove the violation within 30 days of the mailing of the order, except in cases where the violation may jeopardize public safety and welfare, in which case the violator shall be subject to immediate penalties under section 14.4.1.

14.4.5. The order to remove violation shall specify: the section of the ordinance that has been violated, the particulars as to the violation, and a statement that the violator has 30 days to appeal the order to remove violation to the zoning board of appeals or correct the violation to the building inspector's satisfaction.

14.4.6. Each and every day that any such violation continues after 30 days following notification that such violation exists shall constitute a separate offense.

14.4.7. The imposition of penalties herein prescribed shall not preclude the village or any person from instituting appropriate legal action of [or] proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land, or premises.

Sec. 14.5. - Electrical inspection.

14.5.1. [Authority of] electrical inspector. The chief inspector and each of the duly appointed inspectors of the New York Board of Fire Underwriters, or such other state-approved body, are hereby authorized to make inspection and reinspection of all electrical installations heretofore and hereafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspection and reinspection be a charge against the Village of Goshen.

14.5.2. Duties of the electrical inspector. It shall be the duty of the inspector to report in writing to the building inspector, whose duty it shall be to enforce all provisions of this code, all violations or deviations from or omissions of the electrical provisions of the building code applicable to the Village of Goshen and of all local laws, ordinances and the building code as referred to in this ordinance insofar as any of the same apply to electrical wiring.

14.5.3. Violations of the ordinance. It shall be a violation of this ordinance for any person, firm or corporation to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties in the Village of Goshen until an application for inspection has been filed with the New York Board of Fire Underwriters, or any other state-approved body. It shall be a violation of this ordinance for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power, to any source of electrical energy supply, prior to the issuance of a temporary certificate or a certificate of compliance by the New York Board of Fire Underwriters, or any other state-approved body.