Stony Point City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 215-96 Designation and powers and duties of enforcement official.
This chapter shall be enforced by a Building Inspector and one or more Assistant Building Inspectors, as the Town Board may appoint and deem necessary, hereinafter collectively referred to throughout this chapter and otherwise in the Code as the "Building Inspector." It shall be the duty of the Building Inspector, and he is hereby empowered, to:
A.
Inspect any building, structure or land to determine whether any violation of this chapter, the New York State Uniform Fire Prevention and Building Code or such other laws, rules and regulations, as he shall be chargeable with inspection or enforcement of, have been committed or exist; whether or not such building, structure or land is occupied; whether such occupancy is in conformity with all of the applicable laws, rules and regulations; whether or not a certificate of occupancy or use has been issued; and whether or not occupancy is in conformity with the aforesaid certificates or such other certificates as the Building Inspector shall issue; and to otherwise generally inspect and enforce all of the laws, rules and regulations relating to or affecting lots, buildings or structures and their use and occupancy and to have all of the powers provided for under § 138 of the Town Law of the State of New York.
B.
Issue such permits and certificates in conformity with the laws, rules and regulations of the State of New York and of this chapter and to refuse to issue the same in the event of noncompliance, which reason therefor shall be endorsed on the application and notice thereof given to the applicant, as is provided in this chapter.
C.
Keep the Town Board advised of all matters, as the Town Board shall determine, relating to the enforcement of this chapter and the appropriate laws, rules and regulations; to make and keep all records necessary and appropriate to the office, including the issuance and denial of building permits and certificates of occupancy and/or uses, formal complaints of violation and the action taken on same; and to keep a record of all permits and certificates of occupancy and use issued that shall be available for public inspection.
D.
Issue and post notices of violations, stop orders, orders directing the remedying of any condition or omission that is or creates a violation of this chapter or other applicable laws, rules and regulations and to revoke building permits, certificates of occupancy and certificates of use.
E.
Make such inspections and reports as shall be required by the Town Board for the enforcement of, amendment of or addition to this chapter or of any section of the Code or rules and regulations thereunder.
F.
Apply to the Town Board for authorization to perform such other actions or duties as may be necessary or required to enforce any authority or to invoke any penalty for the violation of this chapter and the Code and its rules and regulations.
§ 215-97 Violation of order.
Any person who shall violate any order of the Building Inspector issued under this chapter shall be deemed to have violated this chapter.[1]
[1]
Editor's Note: Former § 215-100, Building permit required, as amended, § 215-101, Building permit applications; information and fees, as amended, § 215-102, Expiration of permits, § 215-103, Revocation of permits, § 215-104, Stop-work orders, § 215-105, Certificates of occupancy and/or use required, as amended, § 215-106, Issuance of certificates, and § 215-107, Revocation of certificates, all of which immediately followed, were repealed 4-10-2007 by L.L. No. 5-2007. This local law also redesignated former § 215-108, Right of entry, § 215-109, Penalties for offenses, as amended, § 215-110, Prosecution under statutory provisions, § 215-11, Appeals from decision of Building Inspector, as amended, and § 215-112, Inspection by Town Engineer, as amended, as §§ 215-98, 215-99, 215-100, 215-101 and 215-102, respectively.
§ 215-98 Right of entry.
The Building Inspector or his authorized agent, upon the showing of proper credentials and in the discharge of his duties, may enter upon any land or building or structure at any reasonable hour, subject to all applicable laws.
§ 215-99 Penalties for offenses.
[Amended 6-8-1999 by L.L. No. 7-1999; 4-26-2022 by L.L. No. 2-2022]
A violation of this chapter is hereby declared to be an offense punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $10,000 or imprisonment for a period not to exceed six months, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $25,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation. In addition to the foregoing provisions, the Town shall have such other remedies for any violation or threatened violation of this chapter as is now or may hereafter be provided by law.
§ 215-100 Prosecution under statutory provisions.
Nothing contained herein shall be deemed to limit or prevent prosecution pursuant to the Multiple Residence Law or the Executive Law of the State of New York.
§ 215-101 Appeals from decision of Building Inspector.
[Amended 6-8-1999 by L.L. No. 7-1999]
Whenever the Building Inspector shall approve or disapprove, act or fail to act or otherwise perform any of his duties and shall render a decision thereon, such decision shall be reviewable by appeal to the Board of Appeals from the Building Inspector's decision. Such appeal shall be taken not more than 60 days after the filing of the decision of the Building Inspector in the office of the Building Inspector.
§ 215-102 Inspection by Town Engineer.
[Added 5-8-1990; amended 10-8-1996 by L.L. No. 13-1996]
All grading and filling operations, drainage improvements, erosion control, placement of utilities and construction of streets and any related improvements shall be inspected by the Town Engineer for determining compliance with all applicable codes and laws. Enforcement of such compliance shall be the duty of the Town Engineer. The Town Engineer shall have the power, right and authority to issue and post notices of violations, stop orders directing the remedying of any condition or omission that relates to grading and filling operations, drainage improvements, erosion control and placement of utilities and construction of streets. The Town Engineer shall have the power, right and authority to issue appearance tickets, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violations that relate to grading and filling operations, drainage improvements, erosion control and placement of utilities and construction of streets.