Liberty Village City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 87-68 Code Enforcement Officer.
The Village Board shall provide for the services of a Code Enforcement Officer to simultaneously enforce the provisions of this chapter and the Uniform Fire Prevention and Building Code Enforcement Law. Such Code Enforcement Officer shall examine all applications for permits, issue permits and/or certificates of occupancy for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as may be required. Permits requiring site plan review and special use approval, however, shall only be issued with approval of the Village of Liberty Planning Board. Likewise, permits requiring variances of this chapter shall only be issued with approval of the Village of Liberty Zoning Board of Appeals.
§ 87-69 Permit requirements.
A.
No person shall construct, erect, alter, convert or use any building or structure, or part thereof, nor change the use of any land, subsequent to the adoption of this chapter, until a building permit and/or certificate of occupancy has been issued by the Code Enforcement Officer. Applications for such permits shall be made to the Code Enforcement Officer prior to any construction activity and/or change in the use of land. The Officer shall review such applications and act upon them according to the requirements of this chapter, taking no action, however, until the Planning Board and/or Zoning Board of Appeals has first taken action, should the approval of either Board be required. A building permit shall authorize the applicant to proceed with construction proposed.
B.
Prior to use of the structure or the change in use of the land, a certificate of occupancy shall be required and shall be issued by the Officer, provided all construction has been in accord with the building permit granted and/or the proposed use is in compliance with this chapter. The Code Enforcement Officer shall be authorized to make such inspections as he deems necessary to ensure that construction does, in fact, comply with this chapter.
C.
The Code Enforcement Officer, with approval of the Village Board, may issue a temporary permit for an otherwise nonconforming structure or use which will promote public health, safety or welfare, provided that such permit shall be of limited duration and the use or structure shall be completely removed within 90 days of expiration of the activity for which it was granted with extensions for good cause as shall be determined by the Village Board.
D.
It shall be the duty of the Code Enforcement Officer to issue a building permit, provided that he is satisfied that the structure, building, sign and the proposed use conform with all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor.
E.
When the Code Enforcement Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building permit or certificate of occupancy, as the case may be, and the applicant may appeal to the Zoning Board of Appeals.
F.
A building permit or certificate of occupancy may be revoked by the Code Enforcement Officer upon a finding that information provided in the application was inaccurate or invalid or that the construction or use has proceeded in a manner not consistent with the permit(s) granted.
G.
No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of his premises shall apply to the Code Enforcement Officer for a certificate of occupancy. No owner, tenant or other person shall use or occupy any building or structure or premises thereafter erected or altered, the use of which shall be changed after the passage of this chapter, without first procuring a certificate of occupancy; provided, however, that a certificate of occupancy, once granted, shall continue in effect so long as there is no change of use, regardless of change in tenants or occupants.
H.
Though compliance with the development and use standards of this chapter will still be required, the following activities shall not demand permits, except as may be required by the New York State Uniform Fire Prevention and Building Code:
I.
All applications shall be made on forms developed and periodically updated by the Code Enforcement Officer. Applications shall include plot plans and such other information as is required to determine compliance with the requirements of this chapter.
J.
A building permit, site plan approval or special use permit shall expire after 12 months if the applicant fails to complete the improvements as approved. An extension may be approved by the Code Enforcement Officer for good cause (such as seasonal weather conditions), provided that any extension of more than six months or subsequent extension of any length shall require approval of the Village Board.
K.
Accessory building permits shall not be issued in advance of permits for principal permitted or special uses or without an existing principal use in place and being operated on an ongoing basis. Accessory uses permitted in the case of passive uses such as agriculture shall be limited to those with the tangible and primary purpose of serving the principal use.
L.
The Code Enforcement Officer may issue a certificate of occupancy and/or compliance to any legally existing use, provided that the owner thereof so certifies and the Officer's investigations to not indicate otherwise.
M.
No permits shall be issued for any new uses where there are unremedied existing violations.
§ 87-70 State Environmental Quality Review Act compliance.
All actions taken with respect to this chapter shall comply with the New York State Environmental Quality Review Act (SEQRA), and applicants shall be responsible for providing such data as may be required to determine the significance of any environmental impacts associated with such actions.
§ 87-71 Violations and penalties.
[Amended 5-1-2025 by L.L. No. 5-2025]
A.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate. Nothing herein shall, however, restrict the right of the Code Enforcement Officer to act on a violation absent a complaint.
B.
Should any building or structure be erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land be used in violation of this chapter, the Village Board or the Code Enforcement Officer, in addition to other remedies, may institute an appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, 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 premises.
C.
A violation of this chapter shall be subject to a penalty of no less than $1,000 per day and up to $2,500 per day.
D.
The Code Enforcement Officer or designated representative, as the case may be, is hereby authorized to issue appearance tickets pursuant to the Criminal Procedure Law in the enforcement of this or any related laws of the Village of Liberty.
§ 87-72 Fees.
The Village Board shall, by resolution, establish and periodically update a schedule of uniform fees, charges and expenses associated with the administration and enforcement of this chapter. Such schedule may provide for the assessment to applicants of professional costs incurred in the processing and/or review of the applications made pursuant to this chapter.