The intent and purpose of this article is to
provide the specific means by which this bylaw is administered, enforced,
varied, and amended, and to specify the limits of validity.
The duty of administering and enforcing the
provisions of the bylaw is hereby conferred upon the Building Inspector
who shall have such powers as are conferred upon him by this bylaw
and as reasonably may be implied. He shall be appointed as presently
specified by the bylaws of the Town of Salisbury.[1]
A.
It shall be the duty of the Building Inspector, or
his duly authorized agents, to cause any plans, buildings, or premises
to be examined or inspected to determine that they are not in violation
of the provisions of this bylaw.
B.
Where the Building Inspector, in the course of his
duties, determines that any plans, buildings, or premises are in violation
of the provisions of this bylaw, he shall order the responsible party
in writing to remedy such conditions. Said written order shall specify
the nature of the violation found to exist, the remedy ordered, the
time permitted for such action and the penalties and remedies which
may be invoked by the Town and the violator's right of appeal, all
as provided for by this bylaw and the Zoning Act.
C.
On the serving of notice by the Building Inspector
to the owner for any violation of any provisions of this bylaw, a
certificate of occupancy shall be required for any further use of
such building or premises.
D.
The Building Inspector shall maintain a permanent
public record of all matters considered and all action taken by him,
and such records shall form a part of the records of his office.
E.
An individual permanent file for each application filed by Assessor's
Map and parcel/lot for a permit as provided for by this bylaw shall
be established at the time the application is made. Said file shall
contain one copy of the application and all supporting documents,
maps, and plans; notations regarding pertinent dates and fees, and
the like; as appropriate, one copy of the resolution of the ZBA in
acting on the application; and the date the permit applied for was
issued or denied by the Building Inspector.
[Amended 10-22-2018 ATM
by Art. 20]
F.
The Building Inspector shall prepare a monthly report for the Board
of Selectmen. Said report shall cite all actions taken by the Building
Inspector, including all referrals made by him, and the action taken
by him consequent thereon. A copy of this monthly report shall also
be transmitted by the Building Inspector to the Board of Assessors,
Planning Board and ZBA at the same time it is transmitted to the Board
of Selectmen. The Building Inspector shall provide the Assessing Department
with a copy of or access to print a copy of each permit issued within
seven days after the granting of each permit.
[Amended 10-22-2018 ATM
by Art. 20]
G.
All other actions of the Building Inspector shall
be undertaken as provided for in the Zoning Act.
A.
It shall be unlawful for any owner or person to erect,
construct, reconstruct, or alter a structure or change the use or
lot coverage, increase the intensity of use, or extend or displace
the use of any building or other structure on a lot without applying
for and receiving from the Building Inspector the required building
permit therefor. For purposes of administration, such permit and application
procedure involving a structure may be made at the same time and combined
with the permit required under the Building Code. An application for
a permit shall be accompanied by a plan, accurately drawn, showing
the actual shape and dimensions of the lot to be built upon, the exact
location of new buildings or structures to be constructed, together
with the lines within which all buildings or structures are to be
erected, the existing and intended use of each building or structure
and such other information as may be necessary to provide for the
execution and enforcement of this bylaw.
B.
The actions of the Building Inspector with respect
to denying or granting a building permit shall be governed by the
provisions of the Zoning Act.
C.
No building hereafter erected, altered substantially
in its use or extent or relocated shall be used or occupied, and no
change shall be made of the use of any building or of any parcel of
land, unless a certificate of occupancy signed by the Building Inspector
has been granted to the owner or occupant of such land or building.
Such certificate shall not be granted unless the proposed use of land
and building and all accessory uses comply in all respects with this
bylaw, and no use shall be made of such land or building that is not
authorized by such certificate of occupancy.
[Amended 10-23-2006 ATM by Art. 5]
D.
Applications for certificates of occupancy shall be
filed coincident with the application for building permits and shall
be issued or refused in writing for cause within five days after the
Building Inspector has been notified in writing that the erection
or alteration of such buildings has been completed. Failure of the
Building Inspector to act within five days of receipt of said notification
shall be deemed to constitute approval of the application for a certificate
of occupancy. Buildings accessory to dwellings when completed at the
same time shall not require a separate certificate of occupancy. Pending
the issuance of a regular certificate, a temporary certificate may
be issued for a period not exceeding six months, during the completion
of alterations or during partial occupancy of a building, pending
its completion if the building fails to conform to the provisions
of the Building Code and state laws or of this bylaw to such a degree
as to render it unsafe for the occupancy proposed.
[Amended 10-23-2006 ATM by Art. 5]
Fees shall be established from time to time
for this Zoning Bylaw by the Board of Selectmen.
A.
If the Building Inspector shall be informed or have
reason to believe that any provision of this bylaw has been, is being
or may be violated, he shall make or cause to be made an investigation
of the facts and inspect the property where the violation may exist.
If he shall find any such violation, he shall serve a notice of violation
and order to any owner or person responsible for such violation of
the provisions of this bylaw or in violation of a permit or certificate
issued under the provisions of this bylaw, and such order shall direct
the discontinuance of the unlawful action, use, or condition and the
abatement of the violation within a time to be specified by the Building
Inspector. Any owner who, having been served with a notice, ceases
any work or other activity shall not leave any structure or lot in
such condition as to be a hazard or menace to the public safety, health,
or general welfare. Should the Building Inspector be refused an inspection
by the owner and/or person responsible for said alleged violation,
the building permit shall be deemed invalid.
B.
If the notice of violation and order is not complied
with promptly, the Building Inspector shall institute the appropriate
action or proceeding at law or in equity to prevent any unlawful action,
use, or condition and to restrain, correct, or abate such violation.
Penalties for violations shall, upon conviction, be affixed in an
amount of $50 for each offense. Each day, or portion of a day, that
any violation is allowed to continue shall constitute a separate offense.
[Amended 11-6-1989 ATM by Art. 27]
