Town of Montgomery, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of Montgomery 4-20-1972. Amendments noted where applicable.]
GENERAL REFERENCES

Subdivision of land — See Ch. 200.

Zoning — See Ch. 235.

§ 85-1
Applicability. 

§ 85-2
Building permit; certificate of occupancy. 

§ 85-3
Code Enforcement Officer; powers and duties. 

§ 85-4
Administration and enforcement. 

§ 85-5
Employment of Code Enforcement Officer by other municipalities. 

§ 85-6
Compensation. 

§ 85-7
Fees. 

§ 85-8
Penalties for offenses; abatement of illegal construction. 

§ 85-9
Application forms; documents. 

The State Building Code of the State of New York, is hereby determined and ordained to be applicable to all buildings and construction within the Town of Montgomery, New York.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

No building shall be constructed, nor shall additions or alterations be made to an existing building, of a value of materials and labor in excess of $250, without procuring a building permit from the Code Enforcement Officer; and no building, for which a building permit is required, shall be occupied until a certificate of occupancy is issued by the Code Enforcement Officer.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 

The Town Board is hereby authorized to appoint and employ a Code Enforcement Officer.

B. 

Powers of the Code Enforcement Officer. The Code Enforcement Officer shall exercise all of the powers relating to the administration and enforcement of the provisions of the State Building Construction Code specified in §§ 380 and 383 of Article 18 of the Executive Law and, in addition, shall:

(1) 

Require an applicant for a building permit to first supply the following information in writing:

(a) 

A general description of the type and size of the building or addition to be erected.

(b) 

A drawing to scale showing location of the building or addition to be erected.

(c) 

The size of the lot upon which the building or addition will be erected.

(d) 

The type of use proposed for the building or addition.

(e) 

Such other information as may be necessary to determine whether or not the construction to which such application relates conforms to the applicable building regulations, before issuing such certificate, permit, license or other document.

(2) 

Require that the construction authorized by any certificates, permit or license shall be completed within a reasonable period, not to exceed one year after the issuance of such certificate, permit or license, which period may, for good cause, be extended for periods not to exceed three months each.

C. 

In addition to the foregoing, the Code Enforcement Officer shall have such other and further powers relating to the administration and enforcement of building regulations as are and shall from time to time be conferred on the municipality by law.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The administrative and enforcement powers hereby granted to the Code Enforcement Officer in respect to the State Building Construction Code shall also extend to the administration and enforcement of the Zoning Law

Editor's Note: See Ch. 235, Zoning.
and all other building and land use regulations applicable to the Town.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Code Enforcement Officer may be employed on a part-time basis and may serve other municipalities in the capacity of Building Official.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The compensation of the Code Enforcement Officer shall, from time to time, be determined by the Town Board.

A. 

Demolition fees shall be as follows:

(1) 

Any existing structure, the cost of demolition not more than $1,000: $20.

(2) 

The cost of demolition in excess of $1,000: $40.

B. 

Fees for new construction, alterations, additions, repairs, etc., shall be as follows:

(1) 

Estimated value of construction or alteration up to and including $1,000: a minimum fee of $10.

(2) 

For each additional $1,000 or fraction thereof, up to and including $15,000: $4.

(3) 

For each additional $1,000 or fraction thereof, up to and including $100,000: $10.

(4) 

For each additional $1,000 or fraction thereof, exceeding $100,000: $1.

C. 

Sanitary and plumbing fees (to be paid with the building permit) shall be as follows:

(1) 

Sanitary sewer hookup or septic tank and field inspection: $10.

D. 

The initial certificate of occupancy fee (cost is included in building permit fees) shall be as follows:

(1) 

Additional or new certificate of occupancy for existing buildings: $10.

E. 

Building permits shall be valid for one year from the date of issuance. Extension of building permits at the rate of $2 per month, payable to the Town prior to issuance of certificate of occupancy, may be granted by the Code Enforcement Officer.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. 

All such fees shall be paid to the Code Enforcement Officer of the Town of Montgomery, who shall issue all required permits and certificates of occupancy.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. 

The Town Board may, from time to time, modify, alter or amend the foregoing schedule of fees by resolution, copies of which shall be filed in the offices of the Town Clerk and the Code Enforcement Officer.

A. 

Anyone violating any provision of this chapter shall be liable to a penalty of not more than $500 or imprisonment for not more than 30 days, or both.

B. 

The Code Enforcement Officer may also petition for the injunction and abatement of illegal construction and may prosecute violators of the State Building Code, to the extent and in the courts specified in §§ 384 and 385 of Article 18 of the Executive Law, and may institute such proceedings for the injunction and abatement and for the prosecution of violations and may be authorized by other applicable laws and ordinances relating to the enforcement of building regulations.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Code Enforcement Officer may designate the forms to be employed for applications for certificates of occupancy, permits, licenses and other documents to be filed with and issued by, the Code Enforcement Officer.