Scarsdale City Zoning Code
ARTICLE XV
Enforcement and Administration
§ 310-90 Interpretation.
A.
This chapter shall be deemed to prescribe minimum requirements.
B.
Except to the extent that it amends the provisions of the Zoning Law of the Village of Scarsdale in effect immediately prior to the effective date of this Code, this chapter shall not be deemed to amend, repeal or impair any requirement in any ordinance or law or in any deed restriction or covenant or in any other undertaking among private persons, but no provision in any such ordinance, law, restriction, covenant or undertaking shall be deemed to justify noncompliance with any provision in this chapter.
[Amended 3-14-1989 by L.L. No. 6-1989]
§ 310-91 Building Inspector to enforce. [1]
§ 310-92 Authority to enter premises.
The Building Inspector, in the discharge of his duties, shall have authority to enter any building or premises at any reasonable hour.
§ 310-93 Deputy Building Inspector.
[Amended 3-14-1989 by L.L. No. 6-1989]
The Village Manager may, at any time, designate a Deputy Building Inspector, who, during the absence or disability of the Building Inspector, shall exercise the powers and perform the duties of the Building Inspector.
§ 310-94 Penalties for offenses.
[Amended 10-9-1962; 3-14-1989 by L.L. No. 6-1989; 7-9-2024 by L.L. No. 7-2024]
A.
Any owner, lessee, contractor, corporation, architect, builder, engineer, surveyor, agent, employee, or other natural or non-natural person, or the agent or employee of any of them, 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 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 causes to be violated any provision of this chapter shall, upon conviction thereof, be guilty of a violation under this Code (and not pursuant to the Penal Law of the State of New York) and subject to punishment as follows:
(1)
First offense, by a fine not less than $500, not to exceed $1,000, or by imprisonment not exceeding 15 days, or both. The penalty for a corporate offender's first offense, by fine not less than $2,500, not to exceed $5,000, or any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense. Each day that any such violation shall continue or exist shall constitute a separate and distinct offense hereunder.
(2)
For a second offense within five years after a conviction of a first offense, by a fine not less than $1,500, not to exceed $2,500, or by imprisonment not exceeding 15 days, or both. The penalty for a corporate offender's second offense, by fine not less than $7,500, not to exceed $15,000, or any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense. Each day that any such violation shall continue or exist shall constitute a separate and distinct offense hereunder.
(3)
For a third offense within five years after a conviction of a second offense, which took place within three years after a conviction of the first offense, by a fine not less than $4,000, not to exceed $6,000, or by imprisonment not exceeding 15 days, or both. The penalty for a corporate offender's third offense, by fine not less than $25,000, not to exceed $50,000, or any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense. Each day that any such violation shall continue or exist shall constitute a separate and distinct offense hereunder.
B.
In addition to those penalties prescribed above, any person who violates any provision of this chapter shall be liable to a civil penalty not to exceed $50,000. The civil penalty provided by this subsection shall be recoverable in an action instituted in the name of the Village of Scarsdale.
C.
If any person fails to abate any violation of this chapter within five calendar days after written notice has been served personally upon said person or within 10 days after written notice has been sent to such person by registered mail at such person's home or business address, the Building Inspector may revoke any building permit or certificate of occupancy for any building or structure on the premises on which such violation occurs, and such person shall be subject to a civil penalty in a minimum amount of $1,000 not to exceed $2,500 for each and every day that such violation continues, recoverable by suit brought by the Village and to be retained by it.
D.
A civil action may also be commenced in the name of the Village of Scarsdale seeking to disgorge profits realized by any person who violates any provision of this chapter.
E.
Any violation of this chapter may also be enjoined pursuant to law.
F.
The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law.
§ 310-95 Filing of plans.
[Amended 3-28-1961]
No building shall be erected, enlarged or altered structurally unless, in addition to compliance with the requirements of Chapter 132, Building Construction and Fire Prevention, of this Code, the owner or lessee of the premises files or causes to be filed with the Building Inspector, before such erection, enlargement or alteration is commenced, a plan, in duplicate, (11 copies in connection with applications subject to referral to the Board of Architectural Review under Chapter 18 of this Code), drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location on the lot of the principal building and accessory buildings to be erected, enlarged or altered and such other information as may be reasonably necessary to determine compliance with the provisions of this chapter.
§ 310-96 Certificates of occupancy.
[Amended 10-9-1962]
A.
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter erected, changed, converted or enlarged, wholly or partly, in its use or structure unless a certificate of occupancy therefor shall have been issued by the Building Inspector and unless such certificate of occupancy has not been suspended or revoked. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter.
B.
The Building Inspector is hereby authorized to issue certificates of occupancy for residential principal and accessory structures that do not meet the front, side and rear yard setback requirements of this chapter or previous codes, provided that the nonconforming portion of the structure was constructed pursuant to a building permit issued prior to April 1, 1947, and provided further that the nonconformity does not exceed 12 inches for principal structures and does not exceed six inches for accessory structures. The Village regulations in effect at the time of issuance of the building permit will be used to determine the above twelve-inch or six-inch dimension.
[Added 4-12-1994 by L.L. No. 2-1994[1]]
C.
It shall be the duty of the Building Inspector to issue a certificate of occupancy as promptly as practicable and, in any case, within 10 days after an application for such certificate shall have been filed in his office by any owner, after having determined that the building and premises and the proposed use thereof conform to all the requirements of this chapter and of Chapter 132, Building Construction and Fire Prevention, of this Code.
D.
Each application for a certificate of occupancy shall be accompanied by a fee to be set by resolution of the Board of Trustees.
§ 310-97 Incomplete buildings.
[Amended 3-14-1989 by L.L. No. 6-1989]
Irrespective of the other provisions of this chapter, any building for which the Building Inspector has, prior to the date when this chapter becomes effective, issued a permit authorizing its erection and the foundation footings of which have been completed prior to such date may be completed pursuant to such permit and used for a purpose permitted by this chapter for the district in which such building is located, provided that the construction of such building is completed within one year from the date when such permit was issued, and subject to compliance with the provisions of Article X of this chapter.
§ 310-98 Fees.
[Added 1-14-1997 by L.L. No. 1-1997; amended 3-23-1999 by L.L. No. 3-1999; 7-9-2024 by L.L. No. 7-2024]
A.
For the purposes of defraying administrative costs involved in the review of applications and appeals and the costs of legal notices required by law, all applications and appeals shall be accompanied by a fee, payable to the Village of Scarsdale, as established by the Village Board.
B.
For the purposes of defraying administrative costs involved in the review and costs of legal notices required by law, all applications or petitions requesting any amendment or change to these zoning regulations, the zoning districts, or zoning district boundaries shall be accompanied by a fee, payable to the Village of Scarsdale, as established by the Village Board.
C.
The Village Board, the Board of Appeals, the Planning Board, or the Board of Architectural Review, in the review of any application, petition, or appeal under its jurisdiction, or Village staff in its determination of zoning compliance or other technical findings, may refer any such application, petition, or appeal presented to it to such engineering, planning, legal, technical, or environmental consultant or other professionals as such Board shall deem reasonably necessary to enable it to review such application as required by law. Charges made by such consultants shall be in accord with fees usually charged for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such consultant. All such charges shall be paid by the Village upon submission of a detailed statement. The applicant shall reimburse the Village for the cost of such professional review services upon submission of a copy of the statement or at the discretion of the reviewing board, in accordance with § 310-98D of this chapter. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other Village law or regulation.
D.
At any time during review of any application, petition or appeal, the reviewing board, or its designee may require the establishment of an escrow account or accounts from which withdrawals shall be made to reimburse the Village for such cost of professional review services, including, without limitation, such cost of professional review services provided under the State Environmental Quality Review Act,[1] 6 NYCRR 617, and Chapter 152 of the Village Code. Alternatively, the reviewing board or its designee may require a flat fee in an amount set forth in the Village Fee Schedule, for the cost of professional review services, upon submittal of the application. Payment of a flat fee shall not preclude the reviewing board, or its designee, from later requiring additional funds and the establishment of an escrow account as provided herein.
(1)
The applicant shall provide escrow funds to the Village for deposit into such account(s), in an amount to be determined by the reviewing board or its designee, based on its evaluation of the nature and complexity of the application.
(2)
The applicant shall be provided with copies of any statement for such services when such statements are submitted to the Village.
(3)
A building permit or certificate of occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Village. After all pertinent charges have been paid, the Village shall refund any funds remaining on deposit to the applicant.