Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the New York State Uniform Fire Prevention and Building Code or any rules or regulations adopted or issued thereunder or any other provisions of law or code or regulation existing or as may be adopted in the future when not in conflict with any of the provisions of this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, code or regulation or by such easements, covenants or agreement, the provisions of this chapter shall control.

Wherever the provisions of any other law or code or regulation impose a greater restriction than this chapter, the provisions of such other law or code or regulation shall control.

No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or Village highway right-of-way.

No building or structure shall be erected, constructed, reconstructed, structurally altered, demolished or moved unless a building permit authorizing the same shall have been issued by the Building Inspector. No excavation for the erection, construction, reconstruction, structural alteration, demolition or moving of any building or structure shall be commenced unless such building permit shall have been issued. No clearing of any lot or parcel shall occur except incident to and after the issuance of a building permit. All procedures with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code. All such applications shall be accompanied by such other information as may be necessary for the enforcement of this chapter. No permit authorizing the demolition of a building shall occur unless the applicant provides a current title report approved as to form by the Village Attorney, enabling identification of any mortgagee or lienholder encumbering the premises, and the applicant further provides a written executed consent from any said mortgagee and/or lienholder authorizing said demolition, with any said consent in a form and substance approved by the Village Attorney.

Review of applications.

No building permit shall be issued where a lot or lots are formed from part of an existing lot, whether already improved or not, if the separation is effected in such a manner that any of the lots or any existing or proposed improvements thereon contravene the provisions or intent of this chapter or of the subdivision of land regulations of the Village. No building permit shall be issued for a lot which was created after the date of this section in violation of the regulations of Chapter 240, Subdivision of Land.

The Building Inspector shall require a topographic survey as a part of each application for a building permit showing site drainage and any proposed drainage facilities to be constructed before the application is considered.

The Building Inspector shall require the applicant for a building permit, except in the case of one- and two-family dwellings, to complete the site plan review procedure as set forth in Article XIV of this chapter. The Building Inspector shall transmit the site plan review application to the Planning Board with his recommendations. No building permit application shall be approved prior to receiving site plan approval from the Planning Board.

No building permit shall be issued for any building structure or use for which a variance or special exception use approval has been granted unless such building permit conforms in every way to the conditions established in the written resolution authorizing such a variance or special exception use.

After the completion of the footings and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the Building Inspector. If required by the Building Inspector, the owner shall cause a survey to be made by a licensed land surveyor showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before construction is continued.

It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land, or part thereof, hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter or to use or to permit the use of any building, structure, premises, lot or land, or part thereof, of which the use is changed until a certificate of occupancy has been obtained by the owner.

Any change of ownership of any property containing a building or structure shall require that the successor owner obtain a new certificate of occupancy within 30 days.

No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure, or part thereof, and the intended use thereof are in conformity in all respects with the provisions of this chapter.

The Building Inspector shall obtain a written resolution from the Board of Appeals before issuing a certificate of occupancy in a case involving a variance from the provisions of this chapter.

No certificate of occupancy shall be issued unless all buildings, structures and units as shown on the building permit application are completed in whole and are complying in every respect to this chapter and the New York Uniform Fire Prevention and Building Code, except that the Building Inspector shall have the authority to issue a certificate of occupancy when a dimensional variance of not more than one foot is required due to improper siting of the building or a similar circumstance and when, in his sole discretion, such relief is warranted.

The Building Inspector may issue a certificate of compliance in place of and instead of a certificate of occupancy whenever he deems a certificate of compliance more appropriate than a certificate of occupancy; provided, however, that the procedure, prerequisites and fees for obtaining a certificate of compliance shall be the same as are applicable to a certificate of occupancy, and further provided that the term "certificate of occupancy," used in various places throughout this chapter, shall be deemed to include the term "certificate of compliance."

Fees for a building permit application and for issuance of building permits, certificates of occupancy and any other applications and related reviews required pursuant to this chapter shall be as set by resolution by the Board of Trustees and shall be available to applicants at the office of the Village Clerk and the Building Inspector. Any such fee shall be increased by 100% whenever the work subject to a permit has been started prior to the issuance of the permit.

Completeness of applications. Unless the Board of Trustees has, by resolution, specifically directed that a particular fee be collected only after a local agency approval, no application for a review, permit or approval required under this chapter shall be deemed complete for the purpose of scheduling a public hearing or for the purpose of approval by the local agency reviewing the same until and unless all fees required of such application have been remitted to and collected by the Village. Should the foregoing provision be deemed in any way inconsistent with the timing requirements of § 7-712-a of the New York Village Law, those state law provisions are hereby superseded to the extent that they might be construed to require local agency action before the remittance of proper fees.

It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.

The Building Inspector shall maintain files of applications or permits and certificates of occupancy, which files shall be open to public inspection at the office of the Village Clerk or the Building Department. He shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the disposition of each such complaint. He shall file a report monthly to the Board of Trustees on the operations of his office.

Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals for interpretation and decision without the requirement of any application fee.

If the Building Inspector should mistakenly issue a building permit or any form of approval which violates the provisions of this chapter, that building permit and authorization of approval shall be invalid.

Expiration and extension of building permits.

Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered a violation pursuant to the Penal Law of the State of New York punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of a violation of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.

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

Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in or refuses to abate or correct any such violation shall also be guilty of such violation.

The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceeding to prevent the 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, structure, premises, lot or land, and to seek appropriate civil penalties, including fines and monetary damages.