[Amended 1-11-1988 by L.L. No. 1-1988; 3-26-2007 by L.L. No.
2-2007; 8-29-2016 by L.L. No. 1-2016]
The duties of administering and enforcing the provisions of
this chapter shall be performed by the Director of Community Development
and the Code Enforcement Officer of the Town of Tonawanda, New York.
[Amended 2-10-1986 by L.L. No. 1-1986]
A.
No person, firm or corporation shall erect, construct,
enlarge, alter, remove, improve, demolish or convert any building
or structure or cart thereof without first obtaining a building permit;
however, minor repairs to buildings or structures, consisting of nonstructural
work, may be made without a permit.
B.
The Code Enforcement Officer shall grant permits only
to those complying in every particular with the provisions of this
chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
C.
Each applicant shall comply with all conditions specified
by the Code Enforcement Officer upon the granting of a building permit.
[Amended 3-26-2007 by L.L. No. 2-2007]
D.
Temporary moratorium on the issuance of building permits
and implementation of new issues. Prior to June 15, 1993, no building
permit shall be issued for any premises located in the area of the
Town of Tonawanda, exclusive of the Village of Kenmore, for construction
of radio, television, telephone, communication and/or any other type
of tower unless either:
[Amended 8-11-1986 by L.L. No. 1986; 11-24-1986 by L.L. No.
7-1986; 5-4-1987 by L.L. No. 2-1987; 11-23-1987 by L.L. No.
5-1987; 6-15-1992 by L.L. No. 3-1992; 11-23-1992 by L.L. No.
8-1992]
[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer shall inspect or
cause to be inspected every building or structure and shall order
in writing the remedying of any conditions found in violation of the
regulations of this chapter.
A.
The Code Enforcement Officer shall have 60 days' time
after the filing of an application for a permit to thoroughly examine
all information therein contained.
[Amended 3-26-2007 by L.L. No. 2-2007]
B.
The date of filing the application shall be the date
on which all information required by this chapter is supplied, and
the return of an application for more complete information shall cancel
a previous filing date or dates.
[Amended 3-26-2007 by L.L. No. 2-2007]
All applications for building permits shall
contain the following information, duly verified under oath by the
owner or his authorized agent, on forms furnished by the Code Enforcement
Officer:
A.
Owner's name and address.
B.
Contractor's name and address.
C.
The use or uses of the proposed structure.
D.
Street width and side (east, west, north or south).
E.
The lot boundary lines and dimensions, complete floor
plans and a front and one-side elevation.
F.
A North point in proper position.
G.
The location of present structures on the lot.
H.
The location of the proposed structure on the lot.
I.
The lot number and the street number.
J.
The owner's signature or the signature of an authorized
agent or the lessee of the property.
K.
Such additional information as may be needed or required
by the Code Enforcement Officer.
The fees for building permits shall be as set forth in § 54-5A of the Code of the Town of Tonawanda, New York.
[Amended 3-26-2007 by L.L. No. 2-2007]
A file of the above information shall be kept
in the office of the Code Enforcement Officer, except that floor and
plot plans not required to be kept on file by state law can be returned
when the building is completed and the Code Enforcement Officer is
satisfied such plans are no longer necessary.
A.
A certificate of occupancy is required and will be
issued for any building structurally altered or erected or changed
in use, provided that it complies with the New York State Uniform
Fire Prevention and Building Code and the Zoning Local Law of the
Town of Tonawanda, New York; provided, however, that this requirement
shall not apply to a private garage, tool shed, carport, porch or
other minor building.
[Amended 10-5-1998 by L.L. No. 1-1998]
B.
Upon request, the Code Enforcement Officer may issue
a temporary certificate of occupancy for a building, structure or
premises, or part thereof, before the entire work covered by the building
permit shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life or the public health or welfare. A temporary certificate of occupancy
shall remain in effect for three months unless otherwise specified
therein. For good cause, the temporary certificate may be extended
for a maximum of two periods not exceeding three months each.
[Amended 3-26-2007 by L.L. No. 2-2007]
[Amended 4-30-1984 by L.L. No. 7-1984; 2-24-1992 by L.L. No.
1-1992; 10-5-1998 by L.L. No. 1-1998; 3-26-2007 by L.L. No.
2-2007]
There will be no fee or charge for a certificate
of occupancy for any new construction or for additions or alterations
to existing structures where such certificate is issued within 90
days after completion of construction, where a building permit was
issued for such construction. The following nonrefundable fees will
be charged upon application requesting a certificate of occupancy,
where a current inspection of the premises by the Code Enforcement
Officer is required to issue the same:
|
Type of Structure
|
Fee
|
|---|---|
|
Residential (which includes all structures primarily
used for residential purposes, excluding hotels and motels)
|
$50 for the first dwelling unit, plus $10 for
each additional unit within a structure
|
|
Hotels and motels
|
$100 up to and including 15 rooms, plus $10
for each additional 2 rooms or fraction thereof
|
|
Structures used for any other purpose
|
$100 for the first occupancy, plus $25 for each
additional occupancy within the structure
|
[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer shall be the administrative
head of the Building Department, shall issue all building and use
permits and certificates and shall have charge of the building inspection.
He shall employ such inspectors or other help as is necessary, subject
to the approval of the Town Board, shall attend meetings of the Town
Board and of the Zoning Board of Appeals and shall secure or cause
to be secured all information necessary for the proper consideration
of any question relating to the building work in the Town.
[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer shall be appointed
by and under the general control of the Town Board. His appointment
shall continue during good behavior and satisfactory service. He shall
not be removed from office except for cause after full opportunity
has been given him to be heard on the specific charge.
