In addition to all other authority conferred by Chapter
57, Building Construction and Fire Prevention, Article
I, Administration and Enforcement, the Code Enforcement Officer shall have the following powers and duties with respect to this chapter:
A. Issuance of building permits.
(1) Except as provided in §
120-36.1A(10) as pertains to portable and other minor accessory structures, no building or structure shall be erected, altered, reconstructed or enlarged and no excavation for any building begun nor shall substantial alteration of or additions to facilities such as sewage disposal systems, electrical systems, water supply systems, including plumbing or drainage facilities, be undertaken until the Code Enforcement Officer has issued a building permit stating that the proposed use and structure comply with all applicable provisions of this chapter.
B. Issuance of certificates of occupancy or use.
(1) No certificate of occupancy shall be issued for any use requiring
special permit or site plan approval by the Planning Board unless
and until such special use permit or site plan approval has been granted
by the Planning Board. Every certificate of occupancy for which special
permit or site plan approval has been granted, or in connection with
which a variance has been granted by the Zoning Board of Appeals,
shall contain a detailed statement of any condition to which the same
is subject and include, by attachment, a copy of such Zoning Board
of Appeals or Planning Board decision.
C. Procedures for enforcement.
(1) Chapter
57, Building Construction and Fire Prevention, Article
I, Administration and Enforcement, shall govern all enforcement procedures.
As provided by Town Law, violation of any provision or requirement
of this chapter or violation of any statement, plan, application,
permit or certificate approved under the provisions of this chapter
shall be considered an offense punishable by a fine not exceeding
$350 and/or imprisonment not exceeding six months for a first offense;
for conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine not less than $350 nor
more than $700 and/or imprisonment not exceeding six months; and for
a third offense within five years, punishable by a fine not less than
$750 nor more than $1,000 and/or imprisonment not exceeding six months.
The owner, general agent or contractor of a building premises or part
thereof where such violation has been committed or does exist and
any agent, contractor, builder, architect, corporation or other person
who commits, takes part or assists in such violation shall be liable
for such an offense. All such penalties shall be collectible by and
in the name of the Town. Each and every week that such violation continues
after notification that such violation exists shall constitute a separate
offense. Such notice shall be given, in writing, by the Code Enforcement
Officer and shall be served by either certified mail or personal service.
If the Code Enforcement Officer fails or refuses to act upon
or refer a violation of this chapter to the Town Attorney for legal
action in accordance with the provisions stated herein within a ten-day
calendar period following a written request by any taxpayer to so
proceed, then any three or more residents and/or property owners within
the Town of Stockport may institute appropriate legal action in a
court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of this chapter.