No building or structure shall be erected until the Superintendent of Buildings shall issue a permit certifying that the proposed building and use complies in every respect with this chapter, and all applications for such permits shall be in writing and accompanied by a plot plan in duplicate drawn to scale showing the actual dimensions of the lot, dimensions of the building or structure and of all open spaces, the setback lines observed by buildings within the block and such other information as the Superintendent of Buildings may consider necessary to provide for the enforcement of this chapter.

Such permit shall be issued for a period of six months from the date thereof. In the event, however, of a change of the provisions of this chapter or of the map accompanying the same during such period of six months, which change or changes would prevent the issuance of such permit if then applied for, and the Superintendent of Buildings shall determine that work has not begun under such permit, he shall revoke said permit and immediately send notice of revocation thereof to the holder thereof at the address given in the application therefor. The Superintendent of Buildings is also authorized at any time during the life of such permit to revoke the same if it shall satisfactorily appear to him that any material statement in or portion of the application therefor is untrue or inaccurate. Within 10 days prior to the expiration of such permit and upon a showing of sufficient cause therefor, and in the event that no changes in this chapter or in the map accompanying the same have been made to prevent, the Superintendent of Buildings may extend the permit for a further period of six months, but such extended permit shall be liable to all of the provisions of this section as if the same were an original issuance thereof. A copy of this section shall be printed upon each permit or extended permit issued by the Superintendent of Buildings.

It shall be unlawful to use or permit the use of any land or part thereof or any buildings or structure or part thereof or hereafter erected, constructed, reconstructed, altered, repaired, changed or converted, wholly or partly in its use or structure, until a certificate of occupancy to the effect that the building, structure or land or the part thereof so erected, constructed, reconstructed, altered, repealed or used and the proposed use thereof conforms to the provisions of this chapter shall have been issued by the Superintendent of Buildings of the Village of Westbury. In any such case it shall be the duty of the Superintendent of Buildings to issue a certificate of occupancy within 10 days after a request for the same shall have been filed in his office by any owner of a building or land affected by this chapter, provided that said building or land, or the part thereof so erected, constructed, reconstructed, altered, repaired or used, and the proposed use thereof conforms to all the requirements herein set forth.

A temporary certificate of occupancy for a part of a building may be issued by the Superintendent of Buildings.

Upon written request from the owner, the Superintendent of Buildings shall issue a certificate of occupancy for any building, structure or land existing at the effective date of this chapter, certifying, after inspection, the use of the building, structure or land and whether such use conforms to the provisions of this chapter.[1]

Enforcement official. This chapter shall be enforced by the Superintendent of Buildings and by such other person or persons specifically designated and authorized by the Board of Trustees to enforce the same.

Determinations. The Superintendent of Buildings is hereby empowered to decide any questions arising under the provisions of this chapter relative to the interpretation and applicability of any definition or provision of this chapter or of any rule or regulation made pursuant hereto.

Minor encroachments. The Superintendent of Buildings is hereby empowered, in his discretion, to issue certificates of occupancy or certificates of completion for existing structures upon the delivery of a certified survey which reflects the encroachment into required side, rear or front yards per this Code or as required pursuant to a variance application which encroach into said required side, rear or front yards by no more than six inches.

Any owner, lessee, contractor, agent or other person who uses or maintains, or causes to be used or maintained, any building, structure or premises or any part thereof in the Village for any purpose other than the uses permitted therefor by this chapter or who erects, constructs, reconstructs, moves, alters, repairs, converts, leases or rents or maintains, occupies or uses the same, except in conformity with the provisions of this chapter, or any person who otherwise violates or causes to be violated any provision of this chapter, including any architect, engineer, builder, contractor or other person employed in connection with such premises who shall have assisted, aided or abetted in the commission of any such violation of this chapter, or any person who suffers or allows any violation of this chapter to occur or exist on premises owned or leased by such person or that is otherwise under such person's control, including such person's agent or contractor, shall be guilty of a violation of this chapter and, on conviction therefor, shall be liable to punishment as hereinafter provided. For the purposes of this subsection, the violation of any rule or regulation made under the authority of this chapter shall be deemed a violation of this chapter.

Whenever such person shall have been notified by the enforcement official, either by service of a notice of violations, an appearance ticket or a summons and information or in any other way, that he or she is violating any provision of this chapter, or any rule or regulation made pursuant hereto, each week's continued violation after such notification shall constitute a separate additional offense.

In case any building, sign, signboard, structure, fence or rental dwelling unit, or any part thereof, is erected, constructed, reconstructed, moved, altered, repaired, converted, maintained, rented or used or any land is used or any hedge, tree, shrub or other growth is maintained in violation of any provision of this chapter or of any rule or regulation made under the authority thereof, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken by the construction, reconstruction, moving, alteration, repair, conversion, maintenance, rental or use to restrain, correct, abate or remove such violation, to prevent the unlawful occupancy or use of such building, sign, signboard, structure, fence or rental dwelling unit or the unlawful use of any land or to prevent any illegal act, conduct, business or use in or about such premises.

Any violation of this chapter, except for a violation of § 248-283, or any rule or regulation made under authority conferred thereby, shall be deemed a violation, and any person found guilty thereof shall be liable and punishable for each such violation as follows: by a fine not less than $100 nor more than $1,000 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; by a fine not less than $1,000 nor more than $2,500 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of a second offense, both of which offenses were committed within a period of five years; and by a fine not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, upon a conviction of a third or subsequent offense, all of which offenses were committed within a period of five years.

Any violation of § 248-283, or any rule or regulation made under authority conferred thereby, shall be deemed a violation, and any person found guilty thereof shall be liable and punishable for each such violation as follows: by a fine not less than $250 nor more than $1,000 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; by a fine not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days; or both, for a conviction of a second offense, both of which offenses were committed within a period of five years; and by a fine not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, upon a conviction of a third or subsequent offense, all of which offenses were committed within a period of five years.

Such fines shall be collected as like penalties are now by law collected.

Administrative fee for late payments. In the event that a fine is assessed for a conviction (or plea agreement which results in a conviction) of any provision of this chapter and a payment plan is agreed to by the defendant and the people and the defendant fails to pay such fine at the time agreed to, the defendant shall also be assessed a late fee in an amount to be set by the Board of Trustees, per month (or portion thereof) that the payment is late. In the event that the payment plan is split into multiple payments, late fees shall be applied to each individual partial payment which is late. Late fees shall be automatically added to the amount owed, but the Village Justice shall have the power to waive such fee upon application and a showing of unavoidable lateness.

Where the Zoning Board of Appeals, at its discretion, grants a variance to the provisions of the Code relating to the number of off-street parking spaces required to be provided in connection with a proposed building, a building enlargement or an increase in the intensity of use of a building, the applicant shall be required to pay a fee to the Village, to be deposited into the Village's capital fund, in a special account designated for the maintenance of Village roads, streets and parking lots and facilities. The amount of the fee for which a variance is granted shall be set forth on the Village's "Schedule of Fees,"[1] as amended from time to time, provided that such fee for which a variance is granted shall not be less than the sum of: an amount equal to $125 for each space subject to the variance for the first 25 spaces; plus $200 for each of the next 25 spaces subject to the variance; plus $275 for each of the next 50 spaces subject to the variance; plus $350 for each space over 100 spaces subject to the variance. In addition, the applicant or subsequent owner of the property subject to the variance shall in addition pay to the Village, as a part of the fee due, the amount of $50 for each space subject to the variance for each year thereafter. The initial portion of the fee shall be paid to the Village by the applicant within 10 days after the grant of the variance, and the annual portion of such fees shall be paid to the Village the applicant or any subsequent property owner, in perpetuity, on January 1 of each year.

In the event that a recipient of a parking variance shall believe that, due to extraordinary or unusual circumstances, the application of § 248-337A would result in a hardship or unreasonable burden, then such recipient may make application to the Board of Trustees for relief from such application. Such relief shall only be granted if, in the discretion of the Board of Trustees, the grant of the variance, and the need therefor, are the result of circumstances beyond the control of the recipient of such variance and the application of such provisions would be unconscionable or an unreasonable burden on such recipient's use and enjoyment of the property and that such hardship or burden outweighs the public benefit to the Village resulting from the application of § 248-337A.

In the event that a recipient of a parking variance shall fail to pay the initial fee or annual fee, as required by § 248-337B, the total fee required may be assessed upon the real property which has been granted the benefit of the variance, and said fee shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for collection of delinquent taxes.