No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization, including special use permits and adjustments by the Board of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or buildings that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect.

The provisions of this chapter shall be enforced by the Building Inspector.

No building or structure shall be erected, enlarged, altered or moved until a permit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals, no building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter.

There shall be submitted with all applications for building permits two copies of layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of the building, the number of families or housekeeping units that the building is designed to accommodate and such other information with regard to the lot and neighboring lots that may be necessary to determine compliance with and provide for the enforcement of this chapter. One copy of such plan shall be returned to the owner when such plan shall have been approved by the Building Inspector. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started so that the Building Inspector may determine by measurement in the field that the yard requirements for the district in which the use is located have been met.

It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereinafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure, until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall state that such building or premises or part thereof and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy, provided that the building and the proposed use of the building or premises conform to all the requirements herein set forth. A certificate of occupancy shall be applied for coincident with an application for a building permit. No certificate of occupancy will be issued and no building shall be occupied until a final certificate of approval shall be issued by the Westchester County Department of Health, White Plains, New York, indicating that all requirements of the Sanitary Code have been complied with and unless, in the discretion of the Building Inspector there are adequate facilities, including but without limitation vehicular access, sanitary facilities and water and, when required, the construction complies with approved parking and site plans.

The Town Board may authorize the Building Inspector to issue a temporary certificate of occupancy for a part or all of a structure, upon a finding of good cause shown, for a period of 180 days, provided that all requirements for the development of said lot or site can be completed within said period. If an application for extension of the temporary certificate of occupancy is made prior to the expiration of the initial one-hundred-eighty-day period, the Building Inspector may, without further Town Board approval, extend the temporary certificate of occupancy for an additional 90 days.' Nothing herein shall preclude the Town Board from granting further extensions of a temporary certificate of occupancy within its discretion and upon good cause shown.

A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and the use thereof, or of such land, is in full conformity with the provisions of this chapter and any requirements made pursuant thereto, and no building or land shall be used or occupied for a use other than the use authorized by such certificate of occupancy. Where site plan or parking plan approval is required from the Town Board or Planning Board, no building permit shall be issued and no structure or use shall be established except in conformity with such plan approval procedures, and no certificate of occupancy for such structure or use shall be issued until all the requirements of such approval and any conditions attached thereto have been met, and no work shall be performed except in accordance with such plan. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions.

The Building Inspector shall maintain a record of all certificates of occupancy, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon written request from the owner and by payment by him to the Town of a fee in an amount set forth in the Master Fee Schedule,[1] the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of the enactment of this chapter certifying, after inspection, that the extent and kind of use and disposition conforms with the provisions of this chapter.

The Building Inspector of the Town of Yorktown may issue a nonconforming certificate of occupancy for any building or premises or part thereof which have been made nonconforming as a result of changes in this chapter relating to lot area, lot width, lot depth and front, side or rear yard setbacks in accordance with the procedures hereinafter set forth.

Any owner, lessee, tenant, occupant, architect, builder or agent of any of them; any person who violates or is accessory to the violation of any provision of this chapter; who owns, occupies or uses any building, structure or premises which is in violation of any provision of this chapter; who fails to comply with any of the requirements thereof; or who erects, constructs, alters, enlarges, converts, moves or maintains any building or any land in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a fine not exceeding $500 a day, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

Any building erected, constructed, altered, converted, enlarged, moved or used contrary to any of the provisions of this chapter and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful. The Building Inspector may institute an action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter. Such action may also be instituted by any property owner who may be particularly damaged by any violation of this chapter. The Building Inspector shall serve notice by registered or certified mail, addressed to the premises of such violation, on the person or corporation committing or permitting the same, and if such violation does not cease within such time as the Building Inspector may specify, he shall institute such of the foregoing action as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.

A person convicted of a violation of this chapter within one year of a prior conviction for an unrelated offense under this chapter shall be punished by a fine not to exceed $1,000 a day or by imprisonment not to exceed 30 days, or by both such fine and imprisonment.

The owner of record and/or tenant of any land who is required to erect, install and maintain fences, trees, plantings, shrubbery, drainage facilities, buffer strips or other screening or sanitary requirements and paving in accordance with and as provided for by an approved site plan, plan of development, parking plan, permit, special use permit, variance or authorization or pursuant to any provision of this chapter shall erect, install and maintain all such facilities in good and sanitary order, condition and repair at all times. In the event that the owner and/or tenant fails to erect, install, replace, repair and maintain all such facilities in good order, condition and repair, as the case may be, the Town Engineer shall so advise the owner of said property, and if, after giving 30 days' notice by registered mail or certified mail, addressed to said owner of record of such land at the address shown on the last preceding assessment roll, that such fences, trees, plantings, shrubbery, buffer strips or other screening have not been erected, installed, replaced, repaired or maintained, as the case may be, by or on behalf of such owner, then the Town Engineer shall prepare an estimate of the work or improvements and submit the same to the Town Board. Thereupon, said Board shall examine such estimate and may make such modifications or changes as shall seem necessary, adopt the same, cause the work or improvements to be constructed and audit and pay the cost and expense of such work. All costs and expenses so incurred by the Town for such work and improvements shall be charged and assessed against said land as a tax levied and imposed thereon. Said tax shall be due and payable in April of the ensuing year concurrently with the state, county and Town tax. Said tax for such costs and expenses shall be collected in the same manner and shall be subject to the same interest and penalty charges as the state, county and Town taxes.

The Town Engineer or any other person or persons designated by the Town Board may enter upon any such lands without hindrance for the purpose of making necessary surveys, examinations or investigations and for the performance of the work or the erection and installation or repair of any such facilities, without being liable for trespass.

The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.