General. No board, agency, officer or employee of the City shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure, or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article XV of this chapter.

Enforcing authority. The provisions of this chapter or any rules or regulations authorized hereunder shall be enforced by the Building Official, or a designated member of the Bureau of Buildings.

Every application for a building permit as required by the Building Official, except for single- and two-family dwellings which are not subject to review and approval by the Planning Board pursuant to § 331-117, shall be accompanied by a site plan as required in Article XIII of this chapter. The application shall be made in duplicate. The Building Official, in acting on such site plan, shall be guided by the standards as set forth in § 331-120 of this chapter. On issuance of a building permit, the Building Official shall return one copy of all documents filed to the applicant.

If a building permit is denied, the Building Official shall state in writing the reason for such denial.

The applicant's engineer or architect, prior to the issuance of any type of building permit for construction requiring site plan approval, shall submit to the City Engineer an estimate of the costs of all required on- and off-site infrastructure and improvements associated with such site plan approval, which estimate shall be verified by the City Engineer as adequate to cover such on- and off-site infrastructure and improvements required as part of such site plan approval. Thereupon, the applicant shall provide to the City performance bond or other security acceptable in form and amount to Corporation Counsel, in an amount and for a period of time acceptable to the City Engineer, all in accordance with Article III of the General City Law.

Application. All applications for certificates of occupancy or certificates of compliance shall be on forms furnished by the Building Official for new buildings or for an existing building which has been altered and shall be made after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter. Such certificates shall be issued within 10 days after receipt of this application, provided that all applicable codes or ordinances in effect are complied with. In the event that the Building Official denies a certificate of occupancy or compliance, notice of the denial setting forth the reasons therefor shall be sent to the applicant within 10 days after receipt of the written application.

Temporary certificates of occupancy. A temporary certificate of occupancy may be issued by the Building Official for a period not to exceed 90 days during the completion of any construction alterations that are required under the provision of any law or ordinance. Temporary certificates may be renewed by the Building Official for periods not exceeding 90 days, but in no event shall temporary certificate renewals exceed a total of 12 months except where the Building Official determines that issues of public safety would justify a further exemption. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the City respective to the use or occupancy of the land or building or any other matter covered by this article, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately assure the health, safety and welfare of the occupants of the building and of adjacent buildings and land.

Every certificate of occupancy shall state that the building or the proposed use of the building or land complies with all provisions of law and of this chapter and all other ordinances of the City.

Each certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which its applies.

Upon written request by the owner, the Building Official shall, after inspection, issue a certificate of occupancy for any building or use thereof of land existing at the time of adoption of this chapter, certifying such use and whether or not the same and the building conform to the provisions of this chapter.

A record of all certificates of occupancy shall be kept in the office of the Building Official, and copies shall be furnished, on request, to any agency, authority or person having a proprietary or tenancy interest in the building or land affected.

Any change in the use of building or of land in any district from one enumerated use provided in Article V of this chapter to another of the enumerated uses so provided shall, for the purposes of this section, be deemed to be a change in use of a building or land.

Where landscaping or screening, or both, are required under site plans approved by the Planning Board, pursuant to which a building permit has been issued, and such work has not been completed, no temporary certificate of occupancy shall be issued unless the applicant for such certificate complies with the following requirements:

Unlawful occupancy. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Official:

The City Council, the Planning Board and the Zoning Board of Appeals, in the review of any application brought pursuant to this chapter, may refer such application presented to it to such planner, engineer, environmental expert, attorney or other consultant engaged by the City or to such City professional staff as such Board shall deem reasonably necessary to enable it to review such application as required by law.

Escrow accounts. At the time of submission of any application brought pursuant to this chapter, the reviewing board may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the City for the cost of consultant fees and professional staff services. The applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the reviewing board based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any City voucher for consultant fees as they are submitted to the City and with City staff time records for services for which reimbursement is sought. When the balance in such escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit. the reviewing board may suspend its review of the application. A building permit or certificate of occupancy or use shall not be issued unless all such applicants' costs have been reimbursed to the City. After all pertinent costs have been paid, the City shall refund to the applicant any funds remaining on deposit. All fees required pursuant to this section shall be collected by the Clerk of the board having jurisdiction over the application.

Penalties.

Prevention. In case any land or structure is used, erected, constructed, altered or maintained in violation of this chapter or of any regulation, restriction or requirement made pursuant thereto, including any statement or plan submitted and approved thereunder, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance, to restrain, correct or abate such violation, to prevent the occupancy of such structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Whenever the Building Official has reasonable grounds to believe that work on any structure is being conducted in violation of the provisions of this chapter, or not in conformity with any regulation, restriction or requirement made pursuant thereto, including any written statement or plan submitted and approved hereunder, or in an unsafe or dangerous manner, the Building Official shall issue a stop-work order pursuant to the provisions of § 111-41 of the Building Code.

Issuance of appearance tickets. The City Manager is hereby empowered to authorize such employees of the Bureau of Buildings as he may designate to issue appearance tickets and to file information with respect to violation of such provisions of this chapter as the Building Official may require for the enforcement thereof, and it shall be the duty of City employees so authorized, and they are hereby empowered, to issue appearance tickets and to file information with respect to such ordinance violations as the Building Official may require.

In addition to any penalties and remedies which may be imposed in connection with violation of an approved site plan, in the event such site plan requires amendment as a result of such violation, the application for such site plan amendment shall be accompanied by an additional fee payable to the City of New Rochelle in the amount prescribed in Chapter 133, Fees, of the City Code.