A.
The Town Code Enforcement Officer shall administer and enforce all
provisions of this chapter except where otherwise herein specifically
required. Whenever any permit is required herein, the same shall be
applied for and shall be issued in the first instance from the office
of the Code Enforcement Officer in accordance with the requirements
of this chapter and other applicable regulations governing building
construction and the issuance of building permits in the Town of Poestenkill.
B.
Except for owner-occupied, single-family residences, the Code Enforcement
Officer shall have the right to enter upon, examine and inspect, or
cause to be entered, examined and inspected, any building or property
at any reasonable time for the purpose of carrying out his duties
and to determine compliance with the provisions of this chapter. A
written report of each such examination and inspection shall be prepared
on an appropriate form and kept on file by the Code Enforcement Officer.
In addition to all other authority conferred by law, the Code
Enforcement Officer shall have the following powers and duties with
respect to this chapter:
A.
Issuance of building permits.
(1)
Except as otherwise specifically provided by this chapter, no building
or structure shall be erected, altered, reconstructed or enlarged
and no excavation for any building begun 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.
(2)
All building permit applications shall be accompanied by two copies
of a plot plan or an approved site plan, drawn to scale and accurately
dimensioned, showing the location of all existing and proposed structures
on the lot, and such other information as may be required by the Code
Enforcement Officer to determine compliance with this chapter and
other applicable regulations. One copy of such plan, when approved
by the Code Enforcement Officer, shall be returned to the applicant
upon payment of the required building permit fee in accordance with
a schedule established by the Town Board pursuant to Local Law No.
1 of the Year 2003.[1]
[Amended 2-19-2003 by L.L. No. 1-2003]
B.
Issuance of certificates of occupancy or use.
(1)
Except as otherwise specifically provided by this chapter, no use
shall be established or land or structure occupied or otherwise used
until the Code Enforcement Officer has issued a certificate of occupancy
or use stating that the use, land and structure comply with all applicable
provisions of this chapter.
(2)
More particularly, no certificate of occupancy or use shall be issued
for any special use of a building or of land requiring special permit
or site plan approval by the Planning Board unless and until such
special permit or site plan approval has been granted by the Planning
Board. Every certificate of occupancy or use for which special permit
or site plan approval has been granted, or in connection with which
a variance has been granted by the Board of Appeals, shall contain
a detailed statement of any conditions to which the same is subject
and include, by attachment, a copy of such Planning Board or Board
of Appeals decision.
C.
Issuance of notices of violation. Whenever, in the opinion of the
Code Enforcement Officer, after proper examination and inspection,
there appears to exist a violation of any provision of this chapter,
or of any rule or regulation adopted pursuant thereto, he shall on
his own initiative serve a written notice upon the appropriate person
responsible for such alleged violation. Such notice shall inform the
recipient of the following:
D.
Issuance of stop orders. Whenever the Code Enforcement Officer has
reasonable grounds to believe that work on any building or structure
or any use of land is occurring either in violation of the provisions
of this chapter, not in conformity with any application made, permit
granted or other approval issued hereunder or in an unsafe or dangerous
manner, the Code Enforcement Officer shall promptly notify the appropriate
person responsible to suspend work on any such building or structure
or the use of any such land. Such persons shall forthwith suspend
such activity until such time that the stop order has been rescinded.
Such order and notice shall be in writing, shall state the conditions
under which the work or use may be resumed, and may be served upon
the person to whom it is directed either by delivering it personally
to him or by posting the same upon a conspicuous portion of the building
under construction or premises in use and additionally sending a copy
of the same by certified mail.
E.
Taking of emergency action. If, in the opinion of the Code Enforcement
Officer, a violation exists which requires immediate action to avoid
a direct hazard or imminent danger to the health, safety or welfare
of occupants of a building, or to other persons, the Code Enforcement
Officer may direct that such violation be immediately remedied or
may take direct action on his own initiative to abate the hazard or
danger. Any costs incurred by such action shall be paid for by the
owner, occupant or person responsible for the violation. The Code
Enforcement Officer shall keep on file an affidavit stating with fairness
and accuracy the items of expense and date of execution of action
taken and is furthermore authorized to institute a suit, if necessary,
against the person liable for such expenses or place a lien against
property in order to recover said costs.
F.
Fees.
The Town Code Enforcement Officer shall be responsible for the collection
of any fees required for any application for a building permit, certificate
of occupancy and/or certificate of compliance hereunder or for any
inspection made pursuant to this chapter. The amount of such fees,
if any, shall be established by the Town Board in accordance with
Local Law No. 1 of the Year 2003.[2]
[Added 2-19-2003 by L.L.
No. 1-2003]
A.
Civil penalty. 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 of not more than $350 or
imprisonment for a period not to exceed six months, or both, for conviction
of 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 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation. The owner,
general agent or contractor of a building, premises, or part thereof
where such a violation has been committed or does exist and any agent,
contractor, architect, builder, corporation or other person who commits,
takes part in 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. Such notice shall be given in writing by the Code
Enforcement Officer and shall be served by certified mail or personal
service.[1]
B.
Court action. The imposition of penalties herein prescribed shall
not preclude the Town or any person from instituting appropriate legal
action or proceedings in a court of competent jurisdiction to prevent
an unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use or to restrain by injunction, correct
or abate a violation or to prevent the illegal occupancy of a building,
land or premises.
C.
Taxpayer action. 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 contained herein
within a ten-calendar-day period following written request by any
taxpayer to so proceed, then any three or more taxpayers of the Town
of Poestenkill 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.
