Pelham Manor City Zoning Code
ARTICLE II
Enforcement
§ 210-4 Inspector of Buildings.
This chapter shall be enforced by the Inspector of Buildings appointed by the Board of Trustees. His duties and powers in the administration of this chapter shall be as provided in the building code, subject to such special provisions as may be prescribed by this chapter and by the Board of Trustees.
§ 210-5 Permits; certificates of occupancy.
[Amended 9-25-2000 by L.L. No. 4-2000]
A.
It shall not be lawful to construct, alter or enlarge a building or structure without first obtaining a permit from the Inspector of Buildings.
B.
It shall not be lawful to make any alteration or alterations to a nonresidential building or structure that may cause a substantial change in the appearance of the building or structure without first obtaining a permit from the Inspector of Buildings.
C.
It shall not be lawful to make any change in an existing use or occupancy of any building or land without first obtaining a certificate of occupancy from the Inspector of Buildings.
D.
A building permit or demolition permit shall not be valid for more than 12 months from the date of issue unless substantial work thereunder has been actually commenced and is being duly prosecuted.
§ 210-6 Subdivision of land.
Where a lot is formed from part of a lot then already improved, the separation must be effected in such manner as not to impair any of the provisions of this chapter, whether related to the then existing improvement or to any proposed new improvement.
§ 210-7 Certificate of occupancy.
A.
No certificate of occupancy shall be issued by the Inspector of Buildings for a building or structure unless the provisions of this chapter with respect to such building or structure have been complied with. Such certificate shall show what use or occupancy, if any, of the uncovered portions of the lot is included.
B.
No such certificate shall be issued until a plot diagram showing accurately the size and exact location of all buildings and other structures, including subsurface structures, both new and previously existing that are to remain, shall have been filed. Such diagram shall be prepared and attested by a person holding a license as a land surveyor of the State of New York, in such form as required by the Inspector of Buildings. It shall be retained permanently in the files of the Village, or until replaced by a new plot diagram, similarly prepared, if and when alterations or new improvements are made.
C.
No unimproved land shall be used or occupied for purposes of trade or industry of any kind, nor for the storage or parking of vehicles, nor for the storage of building or other materials unless a certificate of occupancy permitting such use or occupancy has been issued by the Inspector of Buildings.
D.
The issuance of a certificate of occupancy by the Inspector of Buildings shall be presumptive evidence, with respect to the matters covered thereby, that the provisions of this chapter have been complied with.
§ 210-8 Penalties for offenses.
[Amended 5-14-1979 by L.L. No. 1-1979; 2-10-1986 by L.L. 1-1986]
A.
Any owner, lessee, contractor, agent or other person who uses or maintains, or causes to be used or maintained any building or premises or any part thereof in the Village for any purpose other than the uses permitted therefor in this chapter or who erects, enlarges, alters or maintains, or who causes to be erected, enlarged, altered or maintained, any building or any part thereof in the Village, except in conformity with the provisions of this chapter, or who uses or maintains, or causes to be used or maintained any building or any part thereof in the Village which has been erected, enlarged or altered other than in conformity with the provisions of this chapter, or who otherwise violates, or otherwise causes to be violated, any provision of this chapter, including without limitation any agent or any owner, lessee or other person who brings about or attempts to bring about a sale or lease of any building or any part thereof in the Village knowing that such a building or part thereof, or the proposed use thereof, is not in conformity with the provisions of this chapter shall thereby be guilty of a violation and, on conviction, shall be subject to penalties as follows:
(1)
For conviction of a first offense, punishable by a fine not exceeding $350 or imprisonment not exceeding six months or both.
(2)
For conviction of a second offense committed within five years of the first offense, punishable by a fine not less than $350 and not more than $700 or imprisonment not exceeding six months, or both.
(3)
For conviction of a third or subsequent offense, all of which were committed within five years of the first offense, punishable by a fine not less than $700 and not more than $1,000 or imprisonment not exceeding six months, or both.
B.
Violations of this chapter shall be deemed misdemeanors for purposes of conferring jurisdiction on courts and judicial officers, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate, additional violation.
C.
Any said violation of this chapter may also be enjoined pursuant to law.
D.
The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law and may be pursued against each and every person responsible for any violation of this chapter.