Village Of Saugerties
City Zoning Code
City Zoning Code
ARTICLE XI
Enforcement and Administration
§ 210-46 Enforcement and penalties.
A.
Enforcement officer. This chapter shall be enforced by the Building Inspector who shall be appointed by the Village Board of Saugerties. No building permit or certificate of occupancy shall be issued by the Building Inspector for any purpose except in compliance with the provisions of this chapter.
B.
Inspection and notice of violation.
[Amended 10-4-2010 by L.L. No. 5-2010]
(1)
The Building Inspector is authorized to inspect and examine any building, structure, place, premises or use in the Village of Saugerties with regard to the provisions of this chapter, and shall send written notice specifying the violations and requiring compliance within five days of receipt of said notice. Such notice shall be served either personally upon the property owner, or agent thereof, or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to whom it is directed at the last known address of the property owner, or its agent.
(2)
If such property has a repeated violation within 180 days, the owner will be subject to legal action by the Village of Saugerties.
(3)
In the event that the notice specified in Subsection B(1) of this section is not complied with after a period of five days from the date of service, if personally served upon the property owner, or within 10 days after the date of such notice in the event the same is served by posting and mailing in accordance with Subsection B(1) of this section, or within 10 days after the date of such notice in the event the same is returned to the Village because of inability to make delivery thereof, provided same was properly addressed to the last-known address of such owner or agent, then any duly appointed law enforcement officer, including the Code Enforcement Officer and Building Inspector, may immediately issue an appearance ticket or summons.
(4)
Examination by police, Fire Department and Health Department; interior inspection.
(a)
The police, the Fire Department Inspector and the Health Department Inspector shall, at the request of the Building Inspector or on their own initiative, examine or investigate any building, structure, use or premises with regard to any provision of this chapter and shall issue reports and recommendations to the Building Inspector regarding any violation thereof
(b)
However, nothing contained in this chapter shall permit any Village employee to conduct an interior inspection of a premise without the property owner's consent or without first obtaining a court decree authorizing entry unless an emergency exists.
C.
Legal action by enforcement officer. If an unlawful condition or use is found not to have been properly remedied or made to comply with the provisions of this chapter by the expiration of the reasonable time period granted by the enforcement officer, then the enforcement officer is empowered to immediately institute any appropriate action, charge, or proceedings in the proper legal court for the prevention, cessation, or discontinuance of any condition, use, occupancy, or act, in, on, of, or around any building, structure, or tract of land and for the prosecution of any owner, occupant, or offender.
D.
Legal action by taxpayers. If the enforcement officer fails or refuses to proceed with any action in accordance with Subsection C within a ten-day period following written request by any taxpayer so to proceed, then any three or more taxpayers of the Village of Saugerties residing or owning property in the district wherein such condition or use in violation of this chapter exists or in an adjacent district and who are jointly or severally aggrieved by such violation, may institute such appropriate action, charge, or proceeding in like manner as such enforcement officer is authorized.
§ 210-47 Penalties for offenses.
[Amended 8-16-2010 by L.L. No. 4-2010]
A violation of any provision of this chapter shall be a misdemeanor and shall be subject by a maximum fine of $1,000 or by imprisonment for not more than one year, or both. Each week of continued violation shall constitute a separate additional violation. If more than one provision is violated, each provision violated shall be considered a separate misdemeanor, each liable to maximum penalties as herein specified.
§ 210-48 Building permit required.
All persons proposing to construct, erect, alter, repair, extend, relocate, remove, demolish, or structurally change any building, structure, or portion thereof shall apply to the Building Inspector for a building permit. All applications for such permits shall be made in accordance with the requirements of the Village Law for the administration and enforcement of the State Uniform Fire Prevention and Building Code.[1]
§ 210-49 Prior approvals required.
The Building Inspector shall not issue a building permit for any use requiring issuance of a special permit or approval of a site plan by the Planning Commission unless and until such permit or approval has been transmitted in writing.
§ 210-50 Certificates of occupancy.
All persons desiring permission to occupy and use a building or structure following construction, erection, alteration, extension, relocation, or structural changes, wholly or in part; change the use of an existing building or of a part thereof; occupy and use vacant land for any uses other than those consisting principally of tilling the soil; shall apply to the Building Inspector for a certificate of occupancy. All applications for such certificates shall be made in accordance with the requirements of the Village Law for the administration and enforcement of the State Uniform Fire Prevention and Building Code.[1]