VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING

TUESDAY, JANUARY 2, 2007, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

 

MINUTES

 

1.                  Call To Order                                    

2.                  Pledge of Allegiance

3.                  Mayor’s Report                                 

4.                  Trustees’ Reports

5.                  Village Administrator’s Report

6.                  Public Comment

                                                                                                                                      Approximate

      #       Agenda Items:                                                                                   Time of Discussion

 

Public Hearings

7:45 PM

7.

 

Continued Public Hearing on various proposed changes to the Residential Zoning Code in the Village of Pelham

Discussed. Cont’d to Jan. 16th

8.

Public Hearing on a local law that amends the Zoning Code, Section 98-112 Parking for residential uses, to require 1.5 parking spaces for every multi-family dwelling,  (Note: this eliminates the exception for Business-2 zones.)

Scheduled hearing for Jan.16th

 

Human Resources

8:30 PM

9.

Considering the completion of probation for Police Officer Paul Sousa.

Approved

10.

Considering appointment by the Mayor of candidates to the position of firefighter

Approved

11.

Considering appointment by the Mayor of candidates to the position of police officer

Approved

 

Business

9:00 PM

12.

Considering the award of the Contract for Garbage Collection Services

 

13.

Authorizing an Inter-Municipal Agreement (IMA) with the City of New Rochelle to dump Organic Waste at New Rochelle’s site

Approved

14.

Authorizing an agreement with the State of New York for a Quality Communities Grant

Approved

 

Housekeeping

9:45 PM

15.

Authorizing the accounts payable

Approved

16.

Old Business/New Business:

 

17.

Minutes:  December 19, 2006

Approved

18.

Adjournment

Adjourned

 

Next Regular Board Meetings are Tuesdays January 16, 2007 and February 6, 2007

All meetings start at 7:30 p.m. unless otherwise noted

* Agenda is subject to change until the night of the meeting

 

 

 


 

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES

TUESDAY, JANUARY 2, 2007, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

 

Item #1 – Meeting called to order:  The meeting of the Board of Trustees was called to order by Mayor Michael J. Clain at 7:40 p.m.

 

The following members of the Board of Trustees were present:

Mayor Michael Clain, Trustees Greco, Hotchkiss, Merrick, Mohan, and Potocki.  Trustee Homan was absent.

 

Village staff in attendance:

Administrator/Treasurer Richard Slingerland, Administrative Aide Devron Wilson, and Building Inspector Len Russo

 

Item #2 – Pledge of Allegiance:

The Pledge of Allegiance was led by Mayor Michael J. Clain.

 

Item #3 – Mayor’s Report:

Mayor Clain reported that the 1st Street Lot adjacent to the Ginsburg Lofts is now clear and available for village use.  The Village would like to turn the lot into a parking lot however; there is some debate amongst the Board of Trustees whether it should be a public or private parking lot.

 

Option 1: Make the lot private thereby only allowing residents who have a valid parking permit to park in the lot.

 

Option 2: Make the lot public with meter parking thereby allowing residents and non-residents to feed meters to park in the lot.

 

Mayor Clain further reported that if the Village decides to make the lot a public parking lot, then the village will most likely be able to use some of the money from the FTA project to fund the rehabilitation of the parking lot.  The Board discussed whether it would be cost effective to use a “muni-meter” system, but determined that based on the number of approximately 15 spaces that would be created, it might be more economical to use existing double-head parking meters.  Village Administrator Richard Slingerland will prepare a budget to rehabilitate the vacant lot.  The budget will be presented at the next Board of Trustees meeting on January 16, 2006.

 

Mayor Clain also mentioned that the Village needs to assemble a committee to review the Architectural Services/FTA Parking & DPW Garage project.  The people who were chosen are General Foreman Harry Pallett, Village Administrator Richard Slingerland, Administrative Aide Devron Wilson, Trustee Greco, and Trustee Hotchkiss.

 

The Mayor further mentioned that Barbara Bartlett from the Architectural Review Board received a new quote for the Pelham Train Station signs.  The quote she received was $1,750 per sign from the same company who created the Town of Pelham signs.

 

In addition, Mayor Clain would also like to move forward with ordering decorative garbage cans for the Village.

 

Item #4 – Trustees Reports:

Trustee Mohan mentioned that the Village extended (2) two offers of employment to firefighters.  She also mentioned that the Village may have offers to replace Engine #5 (the 1978 Seagrave pumper) as it is in poor condition.  There is an opportunity to purchase a demonstration model fire engine for approximately $356,000 as opposed to purchasing a new model for approximately $520,000.  She mentioned that it would cost approximately $61,000 per year at approximately 5% interest.  The Board of Trustees would like to review the alternatives before purchasing the demonstration vehicle engine.

 

Trustees Greco, Hotchkiss, Merrick and Potocki had nothing to report.

 

Item #5 – Village Administrator’s Report:

Village Administrator Richard Slingerland had nothing to report.

 

Item #6 – Public Comment

Richard Altobelli, 105 5th Avenue, was concerned with a few items.  He mentioned that Metro North should pay for the Train Station Signs because the sign is located on Metro North property.  He also mentioned that the Village should not exchange the lot on the corner of 5th Avenue and 3rd Street with the Post Office until it receives a commercial assessment of the property.  The Mayor assured him the Village would only swap properties if the Village gets the appraised value.  He also mentioned that the Post Office is only allowed to do certain things within the law, and that they should not block traffic on First Street for half the day, only when they are loading and unloading mail.

 

John Cassone of 7th Avenue thanked the Village for leveling the road on 1st Street.  He also mentioned that Metro North should pay for the Pelham Train Station signs because they put up an inferior sign, it was vandalized, it needs to be replaced, and it is located on Metro North property.  He asked who was negligent in not insuring the Highbrook Gate structures that were damaged during the September 2nd storm.  Administrator Slingerland replied that he thought that negligent was not the exact word to describe what had happened.  The Village had insured all its real property, vehicles and assets, but found out later that the infrastructure is not insured, and that at this time all the infrastructure like streetlights, traffic lights, the Harmon Clock Tower and the Highbrook Gates are insured under a $250,000 miscellaneous umbrella.  Mr. Cassone also asked the Village, “Is Con Edison going to mill Lincoln Avenue before they pave it”?  Village Administrator Richard Slingerland will find out this information for the next Board of Trustees meeting.  He also said that the sidewalks on Lincoln Avenue are atrocious, and that Lincoln Avenue is one of the heaviest trafficked streets in the Village.  He said the Village should not take it over before it is fully repaired.  Mayor Clain explained that the Village had made no agreement to take it over, just that we have expressed interest in the program.  He also mentioned the Village’s concern about the Legacy Program to improve ballfields, or build senior housing, and wanted to make sure that by taking over Lincoln Avenue, the Village would not be removed from these programs.

 

Item #7 – Continued Public Hearing on various proposed changes to the Residential Zoning Code in the Village of Pelham:

 

Trustee Hotchkiss reviewed what the Village had reviewed and adopted to date, and the recommendations on the agenda for review and discussion this evening:

 

Upon review and discussion by the Board, on the motion of Trustee Hotchkiss, seconded by Trustee Mohan, the following sections of the Local Law were adopted as amended by a vote of six in favor, none opposed, one absent (Trustee Homan):

 

January 2nd:

 

Building Inspector

 

5.    Change Building Committee and Plumbing Inspector to Building Inspector.  Also, there are housecleaning items such as referrals to proper NY State laws and deletion of enforcement procedures not allowed by NY Law.  These were in the same chapters as Building Committee and Martha, Dave, and Len want to update the code.

 

Change of required permits, permissible structures in Residential B2, and change from conforming use to non-conforming use.

 

7.    Delete D2 (2) Applicants shall further evidence a service contract annually of their choice in writing which shall require periodic testing of the pool water for bacteria count by a duly authorized private or public concern or agency approved by the State Commission of Health.

 

8.    Delete annual permit for home professional office.

 

9.    Delete section allowing general medical & surgical hospital in Residential B2.

 

13.  Change from nonconforming use to conforming then back to non-conforming: Change 12 months to 6 months.  Delete " 6 consecutive months if such use occupies land whereon there is no consequential structure devoted to such use."

 

THESE SECTIONS WERE NOT ANNOTATED FOR BUILDING INSPECTOR CHANGES, JUST SUMMARIZED.

 

The following changes are made in Chapter 79 SITE PLAN and 98 ZONING:

 

Building Inspector

 

RECOMMENDATION 5.    Change Building Committee and Plumbing Inspector to Building Inspector.  Also, there are housecleaning items such as referrals to proper NY State laws and deletion of enforcement procedures not allowed by NY Law.  These were in the same chapters as Building Committee and Members of the Code Committee including Martha Conforti, Dave Daly and Len Russo recommended these be amended.

 

REASON FOR THE RECOMMENDATION:  The Building Committee is not necessary, as the Village has a full-time Building Inspector who is certified as the authorized Code Official for the Village.

                                                                                                                                                           

 

STATUS:  This matter was addressed substantially in the Local Law adopted by the Board on November 21, 2006, amending Chapter 34 – Building Construction, Chapter 75 – Sidewalk Cafés and Chapter 77 -- SIGNS, AWNINGS, CANOPIES, MARQUEES AND BARBER POLES of the Village Code, all making changes to the provisions authorizing, defining and delegating duties to the Building Committee. 

 

At this point of the review of the Code, there are references to the Building Committee in Chapters 79 and 98, which are addressed in the text of the proposed law.  Specifically, the following sections of the draft proposed Local Law make reference to and eliminate the provisions for Building Committee, including but not limited to:

                                                                                                                                                           

 

SUMMARY OF CHANGES TO CHAPTER 79 REGARDING BUILDING COMMITTEE:

 

79-6 A (3) – Change references from Building Committee to Building Inspector

 

79-6 B – Change reference from Building Committee to Village Administrator for conveyance to the Mayor and Board of Trustees for consideration of final site plan approval.

 

79-6 C – Change references from Building Committee to Building Inspector

 

IMPORTANT NOTE:  THE PROPOSED CHANGES TO SECTION 79-C OVERLAP WITH PROPOSED CHANGES REGARDING NOTIFICATION OF ADJOINING NEIGHBORS.  THESE ADDITIONAL CHANGES SHOULD BE CLARIFIED, ADJUSTED OR WITHDRAWN PRIOR TO FINAL ADOPTION.

 

79-6 D – Change reference from Building Committee to Village Administrator for forwarding the application to the Mayor and Board of Trustees for consideration of final site plan approval.  THIS IS A CORRECTED RECOMMENDATION.

 

79-6 E – Change reference from Building Committee to Building Inspector, for forwarding the application to the Planning Board or other village agency for submission of written recommendations and findings to the Mayor and Board of trustees for consideration in the review for final site plan approval.

 

79-F – Change reference from Building Committee to Village Clerk, who is responsible under the law for publishing notices.

 

79-G –  Change reference from Building Committee to Building Inspector, and add a provision for the Village Administrator to request comments from the Building Inspector, Fire Chief, Police Chief and Senior Public Works Official to assist the Mayor and Board in their review of the application for final site plan approval. 

 

79-H – Change reference from Building Committee to Building Inspector to retain the permanent Building File.

79-J – Change references from Building Committee to Building Inspector regarding Performance Bonds required pursuant to building permits.

 

Text of law changes, not annotated, changing Building Committee to Building Inspector, and other related changes:

 

SECTION 4.

 

Part     3)         Section 79-6A(3) is repealed and the following new Section 79-6A(3) is                                 adopted:

 

                        The Planning Board, subject to the approval of the Board of Trustees may                              revise or waive the provisions of any of the required information listed in                                 § 79-8 hereof, but only where it finds such requirement to be                                                      inappropriate or unnecessary due to the limited nature of the proposed                            development or special conditions particular to the site or upon a                                             determination that strict compliance with such requirement will cause such                         unnecessary work, expense or hardship. The Planning Board shall ensure                        that the granting of such revisions or waiver will not interfere with the                            accomplishment of the purposes and intent of this chapter nor have                             detrimental effect on the public health, safety or general welfare. The                                  Planning Board or the Building Inspector may require the applicant to                                submit a preliminary design to the Architectural Review Board prior to                                  submission of the primary site plan.   

 

Part 4)            Sections 79-6B through 79-6H are repealed and the following new

                        Sections 79-6B through 79-6H are adopted:

 

                        B.        Submission. Following the presubmission conference, the applicant                            shall submit 15 copies of the site plan and any related information                                            to the Village Administrator. The site plan shall be accompanied by                                        a fee in accordance with the schedule of fees of the Village of                                              Pelham.  If the site plan is not submitted within six months following                          the presubmission conference, another such conference may be                                              required, at the discretion of the Board of Trustees.

 

FOR CHAPTER 79-6 C., REGARDING THE NOTICE REQUIREMENTS, ANNOTATION IS INCLUDED HERE:

 

CURRENT SECTION 79-6 C. THAT IS TO BE REPEALED:

 

C.        The Building Committee shall review and certify on each original or amended site plan that the application complies with all applicable local laws and ordinances and with all requirements of all other village commissions, boards, departments and agencies. The Building Committee shall certify further that the application contains all the elements required in § 79-8 hereof which were not specifically waived by the Planning Board. If the Building Committee finds that the application is not complete or that it fails to comply with all applicable requirements, it shall, within 15 working days of its receipt, return the same to the applicant pointing out the specific deficiencies to be remedied. [Amended 3-20-1990 by L.L. No. 3-1990]

 

NEW LANGUAGE TO BE ADOPTED in SECTION 79-6 C.  (Building Inspector changes only).

 

C.        The Building Inspector shall review and certify on each original or                                 amended site plan that the application complies with all applicable                              local laws and ordinances and with all requirements of all other

village commissions, boards, departments and agencies. The Building Inspector shall certify further that the application contains all the elements required in § 79-8 hereof which were not specifically waived by the Planning Board. Upon certification that the application is complete and compliant with all applicable laws and requirements of all other village land-use boards, the applicant shall provide notice by Certified Mail, return receipt requested, to all property-owners contiguous to the applicant’s property, including those separated by a street, mailed out at least ten (10) days prior to the date of the scheduled consideration by the Board of Trustees.  Such proof of receipt of mailing shall be presented to the Village prior to the scheduled consideration by the Board of Trustees.  If the Building Inspector finds that the application is not complete or that it fails to comply with all applicable requirements, it shall, within fifteen (15) working days of its receipt, return the same to the applicant pointing out the specific deficiencies to be remedied.        

 

 

            D.        Following certification, the Village Administrator shall forward the                                 application to the Board of Trustees within five working days. The                                 date of submission to the Board shall be considered the official                                     submission date. 

 

            E.        Simultaneously with its submission to the Board of Trustees, the                                   certified application shall be forwarded to the Planning Board and                                any other agency that the Building Inspector deems appropriate                            with a request that the Planning Board or other agency submit its                            written recommendations and findings, taking into consideration the                  standard set forth in § 79-5 hereof, to the Board of Trustees not                                    later than 15 working days prior to any public hearing thereon or 60                              working days following referral of the application if no public hearing                shall be held thereon.

 

            F.         The Board of Trustees and/or Planning Board may hold a public                                   hearing on the site plan if it determines that the matter is of wide                                   public interest. If held, such a hearing shall be held within 60 days                                of the official submission date. Notice of such hearing shall be                                  given by the applicant to the owners of the adjacent or surrounding                                properties within 200 feet and proof of such notice shall be filed                             with both Boards. Notice of such hearing shall also be published at                              least five days prior to the date of such hearing in the official                                          newspaper of the village by the Village Clerk, and the cost of                             such application shall be paid by the applicant prior to the hearing. 

 

                        G.        The Building Inspector shall make his own separate report on the                                             application to the Board of Trustees not later than five working days                             prior to the date of the public hearing thereon or 10 working days                                      following receipt by the Board of Trustees of the recommendations                                      and findings of the Planning Board or other agency.  In addition,

the Village Administrator shall request comments, if they have any, from the Police Chief, Fire Chief and Public Works Supervisor.  (this additional change recommended by Len)

 

                        H.        The Board of Trustees shall act to approve, approve with conditions                            or disapprove any such site plan within 30 days following the public                                              hearing or if no hearing is held, within 60 days of the official                                                          submission date, unless this period is extended with the consent of                                           the applicant. In reviewing the application, the Board shall request                                       that the applicant make any revisions which the Board may deem to                                 be required to assure that the proposed development will conform                                           to the intent and requirements of this chapter. In the event that the                                             Board disapproves the application, it shall communicate its reasons                           for such disapproval, in writing, to the applicant within 10 working                                       days following the date of the decision, with a copy to the Building                                        Inspector for the permanent building file and an additional copy to                                            the Planning Board. If, after its review, the Planning Board                                                         unanimously disapproves the submitted plan, the Board of Trustees                             must vote a majority, plus one, to approve.                    

 

5)         Section 79-6J is repealed and the following new Section 79-6J is adopted:

 

                        Performance bond.

 

(1)       Following approval of the site plan by the Board of Trustees, in addition to any other fees required by the Village of Pelham, the applicant shall file with the Village Clerk a performance bond in which the village is named as obligee in an amount set by the Building Inspector sufficient to cover the full cost of all required work planting and improvements. If the value of the required work, planting and improvements, the general nature of which is described in the following subsection, required in the final site plan approved by the Board of Trustees, is less than $10,000, the Building Inspector, with the concurrence of the Board of Trustees, may waive the bonding requirements.

             

                        (2)       A performance bond shall be in a form satisfactory to the Village                                              Attorney and may be in the form of surety company bonds. The                                                 performance bond may cover any of the following, among others:                                             proposed screening and landscaping, including planting and                                                          maintenance thereof for a minimum of one year and a maximum of                                                three years, at the discretion of the Board of Trustees; storm water                                           drainage systems; streets and lighting; off-street parking and                                        loading areas; means of vehicular access and egress to and from                                            the site onto public streets; recreation areas, including playgrounds;                            garbage collection stations; and fire alarm systems (if any). Said                                              bonds shall be conditioned upon completion by the property owner                                          or developer of all the applicable work, as set forth on the approved                               site plan, in a matter satisfactory to the Building Inspector and upon                                    the proper functioning of said system for a period of one year                                         following its completion.  

 

                        (3)       In case of default, the performance bond shall be forfeited to the                                               village and the proceeds shall be used by the village to complete                                              any incomplete portions of the required work, planting and                                                    improvements or to make such repairs or corrections as may be                                            necessary to assure proper functioning of the work and                                                          improvements and maintenance of the required planting; provided,                                            however, that any moneys in excess of that necessary for                                                           correcting, completing and maintaining said work, planting and                                                 improvements will be returned to the surety. Said surety bond may                                           be reduced by resolution of the Building Inspector upon certification                                  to the Board of Trustees that one or more of the particular items                                          required by the Board has been satisfactorily completed, is                                                             functioning properly and the bond, in its reduced amount, is                                                             sufficient to cover the full cost of the remainder of the required                                       planting, work and improvements. 

 

(4)               The installation of all required improvements shall be under the

direct supervision of a registered architect or licensed engineer, unless this requirement is waived in writing by the Building Inspector.

 

 

* Here ends the changes to Chapter 79 regarding Building Committee.

                                                                                                                                                           

                                                                                                                                                           

                                                                                   

 

 

SUMMARY OF CHANGES TO CHAPTER 98 REGARDING BUILDING COMMITTEE:

98-115K -- Change references from Building Committee to Building Inspector

 

98-133A – Change references from Building Committee to Building Inspector

 

98-133B – Change references from Building Committee to Building Inspector

 

98-133C – Change references from Building Committee to Building Inspector

 

98-135B and C – Change references from Building Committee to Building Inspector

 

98-136D and E – Change references from Building Committee to Building Inspector

 

98-137A - H – Change references from Building Committee to Building Inspector

 

98-138 – Change references from Building Committee to Building Inspector

 

98-139 – Change references from Building Committee to Building Inspector

 

                                                                                                                                                           

 

 

SECTION 5.

 

11)      Section 98-115K is repealed and the following new Section 98-115K is                      enacted:

 

                        Required parking areas for all uses or buildings in a Residence A-1, A-2,                               A-3, B-1 or B-2 District and for all dwellings or multifamily houses in all                            districts shall be upon the same lot with the main building, except that off-                                  street parking space required for structures and uses on two adjoining lots               may be provided in a single common facility on one or both of such lots in                                     accordance with an agreement between the owners of such adjoining lots,                         which agreement is to be filed with the Building Inspector. In all business                                 districts, required parking areas for all uses other than dwellings or                                          multifamily houses shall be either upon the same lot or, if on a                                              nonadjoining lot, in the same or another business district or Residence M                          or M-1 District within 300 feet of the property to which they are accessory,                            measured in a straight line between the nearest point of the parking area                          and the nearest point of the property to be served. Any accessory parking                              area which is not upon the same lot as the main building or use, and its                                   necessary accessways, shall be reserved for off-street parking use, under                              conditions and safeguards approved by the Village Board of Trustees and                                    designed to assure the continuing availability of such parking area to                               serve the use to which it is accessory for as long as such use continues in                                  existence, unless the Board of Trustees finds that adequate substitute                                public parking facilities have been provided.

 

 

19) Section 98-133A is repealed and the following new Section 98-133A is enacted:

 

                        Interpretation. Upon appeal from a decision by the Building Inspector, to                                 hear and decide any matter wherein an appellant alleges or claims that                                   the Building Inspector or any other administrative official, committee or                              board charged with the enforcement of this chapter was in error in issuing                                   or refusing or failing to issue a building permit or certificate of occupancy                           or use or any other permit or license as a result of misinterpreting the                            meaning, intent or application of any Article or part of this chapter,                                            including the exact location of a district boundary line on the Zoning Map. 

 

            20)      Section 98-133B(1) is repealed and the following new 98-133B(1) is                           enacted:

 

                        To grant, upon an appeal from a denial of a permit by the Building                                            Inspector, such variance from the terms of this chapter as will not be                            contrary to the public interest where, owing to exceptional and                                        extraordinary circumstances, there are practical difficulties or unnecessary                        hardships in the way of carrying out of the strict letter of this chapter;                                  provided, however, that no such variance shall be granted unless the                           Board finds and documents fully in its findings: 

 

                        (a)       That there are special physical conditions, such as exceptional                                                 narrowness, shallowness, shape or topographic conditions, or other                            extraordinary or exceptional situation or condition, applying to the                                                 land or building for which the variance is sought, which                                                     circumstances or conditions are peculiar to such land or building                                              and do not apply generally to land or buildings in the neighborhood                                                 and have not resulted from any act of the applicant or any                                                           predecessor in title whether in violation of the provisions hereof or                                            not. 

 

                        (b)       That, for reasons fully set forth in the findings of the Board, the                                       aforesaid circumstances or conditions are such that the strict                                        application of the provisions of this chapter would deprive the                                              applicant of the reasonable use of such land or building and that                                              the granting of the variance is necessary for the reasonable use of                                         the land or building and that the variance as granted by the Board                                                 is the minimum variance that will accomplish this purpose.                    

 

            21)      Section 98-133C(1)(d) is repealed and the following new Section                                            98-133C(1)(d) is enacted:

           

                                    The Board is authorized to revoke a special permit previously                                       granted, following due public notice and hearing, upon a                                                            determination that one or more of the requirements for the special                                            permit set forth in this chapter or any additional conditions                                                   prescribed by the Board in conjunction with the issuance of the                                                special permit have not been or are no longer being complied with.                                                 In such cases, a period of 60 days shall be granted to the                                                             special permit holder for full compliance prior to the revocation of                                             said permit. An application for the revocation of a special permit                                              may be brought by the Building Inspector or any other Village                                        authority charged with enforcing the Village Code. 

 

            22)      Section 98-133C(2)  is repealed and the following new Section 98-133C(2)               is enacted:

                                   

                        Application. Every application for a special permit shall be submitted in 10                             copies and shall contain all the data required in connection with an                                           application for site plan approval unless, following a meeting in person                                with the Planning Board or a duly authorized representative thereof, some                                of the required information is deemed by the said Board to be superfluous.                     The Secretary of the Board of Appeals shall file three copies of the                                                 application with the Building Inspector, who shall provide to the Board,                                    within 14 working days, a full report on any objections it may have with                                     respect to the proposed development and any mitigating measures it may                              feel to be desirable for the protection of the public interest. 

 

            23)      Section 98-135B is repealed and the following new Section 98-135B is                                  enacted:

 

                        This chapter shall be administered and enforced by the Building                                               Inspector, Police Department, code enforcement officers or any other                          agency or officer of the Village duly authorized by the Board of Trustees of                       the Village of Pelham. No building permit, change of use permit, certificate                of occupancy, temporary certificate of occupancy or other authorization for                     any construction, reconstruction, alteration or enlargement of a building or                               structure or for the moving of a building or structure from one site to                              another or for the establishment of use of any land or for the moving of a                            use from one site to another shall be issued by the Building Inspector                           except in full compliance with the provisions of this chapter, including any                                   conditions that may have been attached to the approval of a variance by                            the Board of Appeals or a site plan or special permit by the Board of                           Appeals, and with all other statutes, laws, ordinances, rules and                                                regulations applicable to the affected property. The Building Inspector                                 shall maintain a complete record of all applications for building permits                                and change of use permits, together with all plans submitted therewith,                           and for certificates of occupancy and certificates of conformity and all                                permits and certificates issued by it. In the performance of its duties, the                                 Building Inspector or any duly authorized representative thereof shall have                  the right to perform any act necessary for the enforcement of this chapter,                          including the right, during daylight hours, to enter and inspect any building,              structure or land within the Village with the consent of the owner or without              such consent where an emergency exists or where the Building                                                Inspector has reason to believe that a violation exists. 

 

            24)      Section 98-135C is repealed and the following new Section 98-135C is                                 enacted:

 

                        If the Building Inspector shall find that any of the provisions of this chapter                                are being violated, or when any purported violation shall be brought to his                          attention, the Building Inspector must conduct an investigation. In the                              event that the Building Inspector determines that a violation of this chapter                      does in fact exist, the Building Inspector must serve written notice of said                                    violation by registered mail or personal service upon the owner, indicating                              the nature of the violation and ordering the necessary corrective action,                                   and copies of such notice shall be delivered to the Village Clerk. The                                  Building Inspector shall order the discontinuance of any illegal use of land,                       buildings or structures; removal of illegal buildings or structures or                                          additions, alterations or structural changes; or any illegal work in progress.                  In the event that the owner shall fail to abate said violation within 10 days                                 of the service of such notice, the Building Inspector must report                                                 such fact in writing to the Village Clerk and furnish a copy of such report                                  to the Village Board of Trustees.   

 

            25)      Section 98-136 is repealed, and the following new Section 98-136 is                          enacted:

 

                        § 98-136.  Building permits. 

 

                        A.        No building in any district shall be erected, reconstructed or                                                       restored or structurally altered, used or moved in whole or in part to                              another site without a building permit. A building permit shall be                                             duly issued upon application to the Building Inspector and upon                                          payment of the required fee in accordance with the Schedule of             &n