Union Vale City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 210-72 General provisions; designation of enforcement official; processing of applications and fees.
A.
The Town Code Enforcement Officer shall administer and enforce all provisions of this chapter except where otherwise specifically stated herein.
B.
Whenever any permit or other approval by the Town of Union Vale is required hereunder, processing of the application shall be coordinated by the Code Enforcement Officer with the Building Official, the Planning Board, the Zoning Board of Appeals or other persons and agencies in accordance with the requirements of this chapter and other applicable Town, county and state regulations governing building construction and the use of land and buildings.
[Amended 3-11-2010 by L.L. No. 12-2010]
C.
All applications submitted pursuant to this chapter shall be accompanied by the applicable fee as set forth within the fee schedule established and annually reviewed by the Town Board.
D.
At the discretion of the Town Board, the positions of Code Enforcement Officer and Building Official may be held by either two persons or a single person, in the latter event the Code Enforcement Officer shall have both the combined authority and the full power and duties of the Code Enforcement Officer and the Building Official as set forth within this article.
[Amended 3-11-2010 by L.L. No. 12-2010]
§ 210-73 Powers and duties of Code Enforcement Officer.
In addition to all other authority conferred by law, the Code Enforcement Officer shall have the following powers and duties with respect to this chapter:
A.
Except as otherwise provided, it shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter and of all rules, conditions and requirements specified hereunder by the Zoning Board of Appeals and the Planning Board.
B.
The Code Enforcement Officer shall review all applications submitted to the Town of Union Vale pursuant to this chapter and shall either act directly on the application or refer the application to the appropriate agency or person.
C.
The Code Enforcement Officer shall have the right to enter upon, examine and inspect or cause to be entered, examined or inspected any building or property at any reasonable time for the purpose of carrying out his duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file by the Code Enforcement Officer.
D.
The Code Enforcement Officer shall keep a record of every identifiable complaint of a violation of any provisions of this chapter and the action taken on each such complaint.
E.
The Code Enforcement Officer shall report to the Town Board and to the Planning Board, at not less than quarterly intervals, summarizing for the period since the previous report all significant actions taken in the administration and enforcement of this chapter, including but not limited to site plans and special use permits required, certificates of occupancy issued and enforcement actions taken.
§ 210-74 Powers and duties of Building Official.
[Amended 3-11-2010 by L.L. No. 12-2010]
In addition to all other authority conferred by law, the Building Official shall have the following powers and duties with respect to this chapter:
A.
It shall be the duty of the Building Official to issue building and demolition permits upon determination as to the conformance of the intended construction or demolition with the requirements of this chapter and as may be more specifically set forth within Chapter 105, Building Construction and Fire Prevention, of the Town Code of the Town of Union Vale.
B.
The Building Official shall have the right to enter upon, examine and inspect any building or property at any reasonable time for the purpose of carrying out his duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file by the Building Official.
C.
The Building Official shall maintain files of all applications for building and demolition permits and plans submitted therewith and records of all related inspections and certificates of completion. These files and records shall be public records.
D.
The Building Official shall report to the Town Board at monthly intervals, summarizing for the period since the previous report all building permits and demolition permits issued and enforcement actions taken.
E.
The Building Official shall administer and enforce the provisions of the New York State Uniform Fire Prevention and Building Code and any local law governing the disposition of unoccupied or unsafe buildings and structures.
§ 210-75 Actions and procedures.
[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]
A.
Issuance of building permits. Except as provided for in Article IV, § 210-17, of this chapter as pertains to portable, and other minor, accessory structures, no person shall commence or cause to be commenced the erection, construction, enlargement, alteration or reconstruction of any building or structure, including the undertaking of excavation therefor, or substantial alteration of or additions to related facilities such as sewage disposal systems, electrical systems, water supply systems, including plumbing or drainage facilities, until the Code Enforcement Officer has issued a certificate stating that the proposed use complies with all applicable provisions of this chapter and the Building Official has issued upon request of the applicant a building permit stating that the proposed building or structure or modification of an existing building or structure complies with all applicable provisions of the New York State Uniform Fire Prevention and Building Code.
(1)
The application shall be made either by the owner or agent of the owner or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner, or similar legal instrument executed by the owner, that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
(2)
The application shall include three copies of the completed form application for a building permit and shall be accompanied by the required fee as set forth within the fee schedule established and annually reviewed by the Town Board and the following information:
(a)
Three copies of building plans and construction specifications bearing the signature of the person responsible for the design and drawings. Such plans and specifications for all buildings shall carry the official seal of a registered architect or licensed professional engineer to attest that they conform to all requirements of the New York State Uniform Fire Prevention and Building Code except, as specified in § 7307 of the State Education Law, in the case of the following exempt applications:
[1]
Alterations, costing $20,000 or less, to any building or structure which do not involve changes affecting the structural safety or public safety thereof.
[2]
Farm buildings, including barns, shed, and other buildings used directly and solely for agricultural purposes.
[3]
Residence buildings of gross floor area of 1,500 square feet or less, not including garages, carports, porches, cellars or unhabitable basements or attics.
(b)
Three copies of a plot plan or Planning Board-approved site plan, if applicable, with the plot plan drawn to scale and accurately dimensioned and showing the location and size of all proposed new construction and all existing structures on the site, the nature of the work to be performed and the materials to be incorporated, distance from lot lines or property boundaries and such other information as may be required by either the Code Enforcement Officer or the Building Official to determine compliance with this chapter, including conformance with all required building setbacks set forth either in the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, or elsewhere throughout Article IV, of this chapter, and other applicable regulations, including the requirements of the New York State Uniform Fire Prevention and Building Code.
(c)
To the extent such are not provided on the completed application form or by either the building plans and specifications or the submitted plot or site plan, the following data shall be otherwise provided in writing:
[1]
A description of the land on which the work is to be done.
[2]
A statement of the use or occupancy of all parts of the land and the building(s) or structure(s) thereon.
[3]
An estimate of the valuation of the proposed work.
[4]
The full name and address of the owner and the applicant, and the names and addresses of their responsible officers if they are corporations or like entities.
[5]
Evidence that all water supply and sanitary sewage installations shall conform to regulations administered by the Dutchess County Health Department.
[6]
Evidence of a driveway access and/or work permit from the appropriate authority or jurisdiction, i.e., the New York State Department of Transportation, the Dutchess County Department of Public Works or the Town Highway Superintendent.
[7]
Evidence of the issuance of any other permits, approvals or compliance determinations (e.g., by the New York State Department of Environmental Conservation or the U.S. Army Corps of Engineers) required to carry out the intended project.
[8]
Evidence of compliance with stormwater management requirements set forth within Town Code Chapter 122, Erosion and Sediment Control.
[9]
Such other information as may reasonably be required by the Code Enforcement Officer or Building Official to establish compliance of the proposed work with the requirements of the New York State Uniform Fire Prevention and Building Code and other pertinent laws, ordinances, codes, rules and regulations, including, where applicable, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
(3)
Upon issuance by the Building Official, the building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications, and other supporting data on which it is based for a period of six calendar months.
(4)
The issuance of the building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with all applicable laws, ordinances, codes, rules and regulations. All work shall conform to the approved plans and specifications and other supporting data. Amendments thereto may, however, be filed with the Building Official at any time prior to the undertaking of such modification and shall further be subject to approval of the Code Enforcement Officer to the extent that such amendments to the approved plans and the intended work may affect conformance with any of the requirements of this chapter.
(5)
Except as otherwise provided by this chapter, all work authorized under the building permit shall be completed within one calendar year of the commencing of work or 18 calendar months of the issuance of the building permit, whichever shall first occur. For good cause, the Code Enforcement Officer may allow two extensions for periods not to exceed six calendar months each.
(6)
As a condition of the issuance of the building permit, the Building Official may require the applicant to name the Town as an additional insured during the construction period.
(7)
Upon completion of the work governed by the building permit, there shall be filed with the Building Official an affidavit of the registered architect or licensed professional engineer who filed the original plans, of the registered architect or licensed professional engineer who supervised the conduct of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which a certificate of occupancy is sought. This affidavit shall state that the approved plans of the structure for which a certificate of occupancy is sought have been examined and that the structure has been erected in accordance with the approved plans and, as erected, complies with all other requirements governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit and for major projects documented through submission of an as-built drawing.
(8)
Upon completion of the work governed by the building permit and, where applicable, receipt of the above-cited affidavit, the Building Official shall conduct an inspection of the work for which the building permit has been issued. When, after final inspection, it is found that the heretofore proposed work has been completed in accordance with the application, plans and specifications, and supporting data filed in connection with the issuance of the building permit, or as amended, the Building Official shall issue a certificate of occupancy. If it is found that the proposed work has not been properly completed, the Building Official shall order the work completed in conformity with the building permit and in conformity with applicable regulations and requirements governing building construction.
B.
Issuance of demolition permits. No person shall commence or cause to be commenced the demolition of any building or structure, or part thereof, until the Building Official has issued upon application and payment of the required fee a demolition permit therefor in accordance with applicable Town regulations regarding the disposition of unoccupied buildings or the removal of unsafe buildings and structures. Except where deemed by the Building Official to be an emergency action necessary to protect the public health and safety, no such demolition permit shall be issued either within the Hamlet (H) District or on any other premises governed by Article V, § 210-48D(3), of this chapter until the application for demolition permit has been reviewed and a certificate of appropriateness issued by the Planning Board.
C.
Approval of stormwater pollution prevention plans. No person shall commence any work for which the preparation of a stormwater pollution prevention plan is required pursuant to the requirements of Town Code Chapter 122, Erosion and Sediment Control, until the stormwater pollution prevention plan has been submitted to and approved by the Code Enforcement Officer in his role as Stormwater Management Officer in accordance with the procedure and requirements set forth therein.
D.
Issuance of certificates of occupancy or use. Except as provided in § 210-17B of this chapter, no use shall be established or land or structure occupied or otherwise used until the Building Official and/or Code Enforcement Officer, as applicable, has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter. In particular, the following requirements shall be strictly met:
(1)
No building hereafter erected shall be used or occupied in whole or in part unless a certificate of occupancy shall have been issued by the Building Official stating that the building and its intended occupancy comply with the requirements of the New York State Uniform Fire Prevention and Building Code and the intended use of the building and related lands has been reviewed by the Code Enforcement Officer and determined to be in conformance with all other applicable requirements of this chapter.
(2)
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used, or in the case of an established occupancy shall continue to be occupied or used, for more than 30 calendar days after the completion of the alteration or work, unless a certificate of occupancy shall have been issued by the Building Official stating that the building and its intended occupancy comply with the requirements of the New York State Uniform Fire Prevention and Building Code and the intended use of the building and related lands has been reviewed by the Code Enforcement Officer and determined to be in conformance with all other applicable requirements of this chapter.
(3)
No change shall be made in the specific use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change has been issued by the Building Official stating that the building and its intended occupancy comply with the requirements of the New York State Uniform Fire Prevention and Building Code and the intended use of the building and related lands has been reviewed by the Code Enforcement Officer and determined to be in conformance with all other applicable requirements of this chapter.
(4)
No use of land permitted as a principal use or accessory use under the District Schedule of Use Regulations set forth at Article III, § 210-10, of this chapter shall be established in any zoning district nor a change in a specific existing use of land made prior to the issuance of a certificate of occupancy by the Code Enforcement Officer stating that the intended use has been determined to be in conformance with all applicable requirements of this chapter. The above notwithstanding, such certificate of occupancy shall not be required for those agriculture, conservation or farm uses that are permitted in all zoning districts under this chapter nor for the establishment of accessory uses customarily incidental to principal residential uses, such exception not to be construed, however, as including farm industries, home occupations or accessory dwelling units.
(5)
No home occupation or farm industry permitted as an accessory use under the aforementioned District Schedule of Use Regulations and §§ 210-31 and 210-42C, respectively, of this chapter, shall be established prior to the issuance of a certificate of occupancy by the Code Enforcement Officer, which certificate shall be separate from the certificate of occupancy governing the principal residential or farm use of the premises. Prior to issuing a certificate of occupancy for any such use involving occupancy of a building or structure, the Code Enforcement Officer shall require that the applicant provide certification from the Building Official stating that the building or structure has been constructed and/or may be occupied for the intended purpose in accordance with applicable provisions of the New York State Uniform Fire Prevention and Building Code.
(6)
Every certificate of occupancy with respect to a building or structure and/or land for which a special use permit has been issued or site plan approval has been granted by the Planning Board or in connection with which a variance has been issued by the Zoning Board of Appeals shall contain a detailed statement of any conditions to which the same is subject and include, by attachment, a copy of the applicable Planning Board and/or Zoning Board of Appeals decision. No such certificate of occupancy shall be issued prior to the applicant's compliance with related requirements set forth in Article VI, § 210-60B, and Article VII, § 210-66E and F, of this chapter.
F.
Issuance of permits for fences and walls. No person shall commence the installation, whether by replacement or new construction, of any fence or wall within any required yard except upon application for, and issuance of, a fence or wall permit by the Code Enforcement Officer pursuant to, and in accordance with, the requirements set forth within Article V, § 210-27, of this chapter.
G.
Issuance of driveway construction permits. No person shall commence the installation of an individual private or common driveway intended for purposes of residential access, present or future, except upon application for, and issuance of, a driveway construction permit by the Code Enforcement Officer pursuant to the requirements of and in accordance with the standards set forth within Chapter 111, Driveways, of the Town Code.
H.
Whenever, in the opinion of the Code Enforcement Officer, in the case of the use of any building or land, or the Building Official in the case of work on any building or structure, after proper examination and inspection, there appears to be a violation of any provision of this chapter, or of any rule, condition or requirement established pursuant thereto, he shall, on his own initiative, serve a written notice of the alleged violation upon the owner of the property, the owner's agent or the persons performing the work. Such notice shall inform the recipient of the nature and specific details of such alleged violation and the date of compliance by which the alleged violation shall be remedied or removed, which date shall be not less than 20 calendar days from the date of service or such additional time as deemed necessary by the Code Enforcement Officer or, as may be applicable, the Building Official. Service shall be by registered mail addressed to the owner as set forth on the latest assessment roll or the address on the application for building permit or other Town approval. Service shall be considered completed either upon depositing said notice in a stamped envelope in a mailbox maintained by the United States Postal Service or upon personal service.
I.
Issuance of stop orders. Whenever the Code Enforcement Officer, in the case of the use of any building or land, or the Building Official, in the case of work on any building or structure, has reasonable grounds to believe that such activity is occurring in violation of the provisions of this chapter, not in conformity with any application made, including the accompanying plans and specifications, permit granted or other approval issued hereunder or in an unsafe and dangerous manner, the Code Enforcement Officer or the Building Official, as applicable to the particular action being undertaken, shall promptly notify the owner of the property, the owner's agent or the persons performing the work to suspend work on any such building or structure or the use of any such land. Such person or persons shall forthwith suspend such activity until such time that the issuing party has in writing rescinded the stop order. Such stop order and notice shall be in writing, shall state the conditions under which the work or use may be resumed and shall be served by delivering it personally or by posting the same upon a conspicuous portion of the building or other structure under construction or the premises in use. In addition, a copy of the stop-work order shall be sent the owner by registered mail.
J.
Revocation of building permits. The Building Official may order the revocation of an approved building permit in the following instances:
(1)
Where he finds that there has been any false statement or misrepresentation as to significant material fact in the application, plans or specifications on which the building permit is based.
(2)
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable provisions of this chapter or the New York State Uniform Fire Prevention and Building Code.
(3)
Where he finds that the work performed under the building permit is not being completed in accordance with the provisions of the application, approved plans or specifications.
(4)
Where the person to whom a building permit has been issued refuses to comply with a stop order issued by the Building Official.
K.
Taking of emergency action.
(1)
If in the opinion of the Code Enforcement Officer or the Building Official, the latter as applicable in the case of building construction, a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety or welfare of the occupants of a building or to other persons, the Code Enforcement Officer or Building Official, as applicable, may direct that such violation be immediately remedied or may take direct action on his own initiative to abate the hazard.
(2)
The owner, occupant or person responsible for the violation shall pay to the Town any costs incurred in undertaking such action. The Code Enforcement Officer or Building Official, as applicable, shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses in order to recover said costs.
§ 210-76 Penalties for offenses; other remedies.
A.
Penalties for offenses.
[Amended 3-11-2010 by L.L. No. 12-2010]
(1)
Violation of any provision of this chapter or any violation of any statement, plan application, permit or certificate approved under the provisions of this chapter, shall be considered an offense punishable by a civil penalty of not more than $350 for a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a civil penalty of not less than $350 nor more than $700 and/or imprisonment for not more than 14 days; and upon conviction of a third or subsequent offense within a period of five years, punishable by a civil penalty of not less than $700 nor more than $1,000 and/or imprisonment for a period of not more than six months. The penalties set forth for violations of this chapter are meant to supersede the penalties set forth in Town Law § 268(1) regarding first violations. Specifically, the Town of Union Vale has added a provision for a minimum civil penalty for a first offense, which is not provided for in Town Law § 268(1).
(2)
The owner, general agent, contractor or lessee of the land and/or building premises, or part thereof, where such violation has been committed or does exist, and any agent, contractor builder, architect or engineer, corporation or other person who commits, take part or assists in such violation, shall be guilty of an offense, as set forth in § 268 of the Town Law and shall be liable, upon conviction, to a penalty, as provided herein.
(3)
All such penalties shall be collectible by and in the name of the Town. Each and every week that any such violation continues after notification that such violation exists shall constitute a separate chargeable offense, provided such initial notice and subsequent weekly notice shall be given in writing by registered mail or personal service as more fully described in above § 210-75, Subsection G.
(4)
Violations of this chapter shall be deemed misdemeanors only for the purpose of conferring jurisdiction upon courts and judicial officers.
B.
Other remedies.
(1)
Court action.
(a)
The opportunity for citation of violations of the provisions of this chapter and related imposition of the penalties herein prescribed for such offenses shall not preclude the Town or any person from instituting an appropriate legal action or proceeding in a court of competent jurisdiction to prevent the unlawful construction or modification of a building or structure, order the correction or abatement of a violation of or restrain by injunction the illegal occupancy of a building, land or premises.
(b)
The Town may request in any enforcement proceeding commenced by it, in addition to the penalties, fines or injunctive relief provided herein, a judgment for the costs of prosecuting such action, including attorney fees, expert testimony and other reasonable costs associated with the prosecution of such action.
(2)
Citizen action. In the event the Code Enforcement Officer fails or refuses to act upon or refer a violation of this chapter to the Town Attorney for legal action in accordance with the provisions stated herein within a 10 calendar day period following written request by any taxpayer to so proceed, or if the Town Attorney fails to promptly initiate a legal action or proceeding upon referral of a matter, including report thereon, from the Code Enforcement Officer, then any three or more residents and/or property owners within the Town of Union Vale may institute appropriate legal action in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this chapter.
(3)
Individual action. Nothing contained herein shall in any way restrict the right of an aggrieved individual to institute an appropriate legal action or proceeding on his own behalf for equitable relief or for damages alleged to have been suffered as a result of a violation of this chapter.