In applying and interpreting the provisions of this chapter, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort and convenience and the general welfare.

This chapter shall be administered and enforced by the Building Committee, Police Department, code enforcement officers or other agency or officer of the Village duly authorized by the Board of Trustees of the Village of Pelham. No building permit, change of use permit, certificate of occupancy, temporary certificate of occupancy or other authorization for any construction, reconstruction, alteration or enlargement of a building or structure or for the moving of a building or structure from one site to another or for the establishment of use of any land or for the moving of a use from one site to another shall be issued by the Building Committee except in full compliance with the provisions of this chapter, including any conditions that may have been attached to the approval of a variance by the Board of Appeals or a site plan or special permit by the Board of Appeals, and with all other statutes, laws, ordinances, rules and regulations applicable to the affected property. The Building Committee shall maintain a complete record of all applications for building permits and change of use permits, together with all plans submitted therewith, and for certificates of occupancy and certificates of conformity and all permits and certificates issued by it. In the performance of its duties, the Building Committee or any duly authorized representative thereof shall have the right to perform any act necessary for the enforcement of this chapter, including the right, during daylight hours, to enter and inspect any building, structure or land within the Village with the consent of the owner or without such consent where an emergency exists or where the Building Committee has reason to believe that a violation exists.

If any member of the Building Committee shall find that any of the provisions of this chapter are being violated, or when any purported violation shall be brought to its attention, it shall be mandatory upon the Building Committee to make an investigation. In the event that the said Committee determines that a violation of this chapter does in fact exist, it shall be mandatory upon the Building Committee to serve written notice of said violation by registered mail or personal service upon the owner, indicating the nature of the violation and ordering the necessary corrective action, and copies of such notice shall be delivered to the Village Clerk. The Building Committee shall order the discontinuance of any illegal use of land, buildings or structures; removal of illegal buildings or structures or additions, alterations or structural changes; or any illegal work in progress. In the event that the owner shall fail to abate said violation within 10 days of the service of such notice, it shall then be mandatory upon the Building Committee to report such fact in writing to the Village Clerk and to furnish a copy of such report to the Village Board of Trustees.

No building in any district shall be erected, reconstructed or restored or structurally altered, used or moved in whole or in part to another site without a building permit. A building permit shall be duly issued upon application to the Building Committee and upon payment of the required fee in accordance with the Schedule of Fees of the Village of Pelham. A building permit shall be issued only if the proposed construction or use is in full conformity with all provisions of this chapter and all other applicable regulations of the Village of Pelham. Any such permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.

Every application for a building permit shall contain the following information and be accompanied by a plot plan in duplicate drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey, prepared by a licensed engineer or land surveyor, is required. In the case of accessory buildings, the Building Committee may waive such of the requirements set forth in Subsection B(1) through (5) below as it may deem to be superfluous.

No building permit shall be issued for any building that is subject to site plan approval by the Board of Trustees pursuant to Local Law No. 2, 1983,[1] or a special permit by the Board of Appeals, except in conformity with the requirements of the said boards. No permit shall be issued for a building that is permitted subject to a variance granted by the Board of Appeals except in accordance with all conditions which may have been prescribed by the said Board.

The Building Committee shall, within 30 days after the filing of a complete and properly prepared application incorporating all required approvals, including site plan, special permit and/or variances, either issue or deny a building permit. If a permit is denied, the Building Committee shall state the reason for such denial on two copies of the application and shall return one copy to the applicant. Failure on the part of the Building Committee to act within the time specified shall not be deemed approval of the application.

If any construction, alteration, enlargement or other work authorized under a building permit is not begun within 120 days from the date of its issuance, such permit shall expire. The Building Committee may authorize in writing not more than two consecutive one hundred-twenty-day extensions because of the occurrence of conditions unforeseen at the time of issuance of such permit.

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

A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continued occupancy and use of the building or land to which it applies. The certificate of occupancy shall become null and void if conditions are found to be in violation of any provision of this chapter, and a new certificate of occupancy shall be required following correction of all violations.

A temporary certificate of occupancy for the use of all or a part of a building or the use of land for which approval has been granted may be issued if authorized by the Board of Appeals and only in full compliance with such conditions as the Board may prescribe.

It shall be the duty of the Building Committee to issue a certificate of occupancy only when:

Application for a certificate of occupancy shall be made on forms furnished by the Building Committee after erection of such building or part thereof has been completed in conformity with the provisions of this chapter and all other applicable regulations. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by the required fee, in accordance with the Schedule of Fees of the Village of Pelham. In the case of a new building, said application shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer, drawn at the same scale as the site plan, showing the location of all buildings, structures, utilities, roads or other site features, as built.

A certificate of occupancy shall be granted or denied in writing within 20 days from the date that a written notification is filed with the Building Committee that the action which is subject to such a certificate is completed, unless additional time is agreed upon by the applicant in writing. If the application is denied, the Building Committee shall state the reason for such denial on two copies of the application and return one copy to the applicant. Failure on the part of the Building Committee to act within the period specified shall not be deemed approval of the application.

A copy of the applicable certificate of occupancy shall be kept on file at the premises affected and shall be shown upon request to any member of the Building Committee or its duly authorized representative.

The Building Committee shall file a monthly report of the certificates of occupancy issued during the preceding month.

Any person or corporation, whether as owner, lessee, architect, contractor or builder, or the agent or employee of any of them, who violates or is accessory to the violation of any provision of this chapter or any rule or regulation made under the authority conferred by this chapter or who shall erect, construct, alter, enlarge, convert or move any building or structure or any part thereof without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter or who shall use any building, structure or land in violation of this chapter or any rule or regulation made under the authority conferred by this Chapter without or in violation of the provisions of any building permit, change of use permit or certificate of occupancy, where such a permit is required by this chapter, or in violation of any conditions attached to the. approval of a site plan by the Board of Trustees or special permit or a variance by the Board of Appeals and who fails to abate said violation within 30 days after written notice has been served upon him either by mail or personal service shall be liable to a penalty of $250 and, in addition, shall pay all the costs and expenses incurred by the Village in determining such violation. Each day that a violation continues shall constitute a separate offense.

In case any building or structure is erected, constructed, reconditioned, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Trustees of the Village of Pelham or the Building Committee or any other official of the Village, in addition to other remedies, may institute any appropriate action or proceeding through the Village Attorney in order to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such building, structure or land.

Any person may file a complaint whenever a violation of this chapter occurs. All such complaints must be in writing and shall be filed with the Building Committee, which shall properly record each such complaint and immediately investigate and report thereon to the Board of Trustees of the Village of Pelham.

The Building Committee shall maintain and make available for public inspection a cumulative file of each violation of this chapter, arranged by volume, sheet, block and lot numbers, so that the full case history of each such violation may be easily determined.