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Solvay City Zoning Code

ARTICLE II

Administration and Enforcement

§ 165-7 Compliance with building permit requirements required.

It shall be unlawful for any person to construct or alter any building or structure unless he first shall have complied with the building permit requirements of Chapter 89 of the Village Code.

§ 165-8 Building permit application.

[Amended 10-8-1991 by L.L. No. 4-1991]
A. 
Before the construction or alteration of any building or structure, or any part of either, or the excavation therefor is commenced, the owner or lessee, or the agent of either, or the architect or builder employed by the owner or lessee shall submit to the Code Enforcement Officer a detailed statement of such plans and structural drawings of the proposed work as the Building Code may require. Such statement shall show the purpose, cost and general design of the proposed building, structure or alteration.
B. 
Said application shall be processed by the Code Enforcement Officer in accordance with all laws of the Village pertaining thereto.

§ 165-9 Costs of permit application.

All costs entailed by the Village in connection with the processing of an application for permit hereunder, including the cost of advertising, shall be borne by the applicant-petitioner.

§ 165-10 Expiration of permit.

[Amended 10-8-1991 by L.L. No. 4-1991]
Every permit issued by the Code Enforcement Officer under the provisions of this chapter, or any law pertaining thereto, but under which no work is commenced within one year from the time of issuing shall expire by limitation.

§ 165-11 Certificate of occupancy.

[Amended 10-8-1991 by L.L. No. 4-1991]
It shall be unlawful to use or permit the use of any building, structure or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been applied for and issued therefor by the Code Enforcement Officer. Such certificate shall show that such building, structure or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter or an order of the Board of Appeals.

§ 165-12 Appeals.

[Amended 10-8-1991 by L.L. No. 4-1991]
In case the Code Enforcement Officer shall refuse to issue a building permit or shall refuse to issue a certificate of occupancy on the grounds of violation of this chapter, appeal from such decision may be made to the Board of Appeals.

§ 165-13 Authority to amend.

This chapter and the Village Zoning Map may be repealed, amended or revised from time to time, as provided by statute.

§ 165-14 Amendment procedure.

A. 
Generally. The Board of Trustees may, on its own motion or on petition, amend, supplement or change the regulations and districts herein established, but no regulation, restriction or boundary or amendment shall become effective until said matter has been certified to the Planning Commission, which shall, after due and proper notice, conduct a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Said Planning Commission, after due deliberation, shall report its findings and recommendations to the Village Board. At least seven day's notice of the time and place of any public hearing shall be published in the official paper in the Village. The Village Clerk shall also give written notice of public hearings to all property owners immediately adjacent on all sides to the area under consideration for a zone district change. (See the Village Law of the State of New York.)
[Amended 10-8-1991 by L.L. No. 4-1991]
B. 
Protest. The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change signed by the owners of 20% or more either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending 100 feet therefrom or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of 2/3 of the members of the Board of Trustees. The provisions of Subsection A relative to public hearings and official notice shall apply equally to all changes or amendments.

§ 165-15 Notice of changes.

The Village Clerk shall give written notice to all interested property owners of any changes in or amendments to the regulations and districts herein established made by the Board of Trustees.

§ 165-16 Variance or special permit application fee.

[Amended 10-8-1991 by L.L. No. 4-1991; 5-27-2008 by L.L. No. 5-2008]
An application for a variance or special permit shall be accompanied by a fee in an amount to be established from time to time by resolution of the Village Board. This fee shall be in addition to and separate from any amounts due to the Village pursuant to Chapter 64 of the Village Code.

§ 165-17 Proceedings to enforce chapter.

The Village Attorney shall be authorized to institute all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of this chapter.

§ 165-18 Penalties for offenses.

[Amended 10-8-1991 by L.L. No. 4-1991]
A. 
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, building contractor or any person who commits, takes part or assists in such violation or who maintains any building or premises in which such violation shall exist, for each and every violation and for each and every day that said violation continues, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
B. 
Whenever a person is notified by the Board of Trustees of the village or its duly authorized official or by service of a summons in a prosecution or in any other way that he is committing a violation of this chapter, each day that he shall so continue such violation after such notification shall constitute a separate offense punishable as provided in Subsection A above. Such fines or penalties shall be collected as like fines or penalties are now collected by law.

§ 165-19 Proceedings to prevent, abate or remove violation.

[Amended 10-8-1991 by L.L. No. 4-1991]
Whenever the Code Enforcement Officer of the village has specified that any building or structure or any portion thereof permitted or forbidden is being used, erected, constructed, altered, relocated or repaired in violation of or not in compliance with any of the provisions or requirements of this chapter, he may, in his discretion, have the Village Attorney institute any appropriate action or proceedings at law or in equity to restrain, correct or remove such violation or the execution of any work thereon or to restrain or correct the use, erection or alteration of or require the removal of or prevent the occupation or use of the building or structure erected, constructed or altered in violation of or not in compliance with any of the provisions of this chapter.