[Amended 7-14-1997 by L.L. No. 4-1997]
It shall be the duty of a Code Enforcement Officer, to be appointed
by the Town Board, to enforce the provisions of this chapter. The
Code Enforcement Officer shall examine all applications for permits,
issue permits for construction and uses which are in accordance with
the requirements of this chapter, record and file all applications
for permits with accompanying plans and documents and make such reports
as the Town Board may require. Permits for construction and uses which
are special uses shall be issued only upon written order of the Planning
Board. Permits for construction and uses which require a variance
to requirements of this chapter shall be issued only upon written
order of the Zoning Board of Appeals.
A.
General procedures. All persons desiring to undertake any new construction,
structural alteration (including demolition) or changes in the use
of a building or lot shall apply to the Code Enforcement Officer for
a building permit and/or certificate of occupancy by filling out the
appropriate application form and by submitting the required fee. The
Code Enforcement Officer will then either issue or refuse the permit
or refer the applicant to the Planning Board should the permit application
involve a special use permit or site plan review approval and/or the
Zoning Board of Appeals should the permit application involve a matter
requiring a variance. After the building permit has been issued by
the Code Enforcement Officer and received by the applicant, the applicant
may proceed to undertake the action permitted in the building permit
and, upon completion of such action, shall apply to the Code Enforcement
Officer for issuance of a certificate of occupancy. If the Code Enforcement
Officer finds that the action of the applicant has been completed
in accordance with the permit, the Code Enforcement Officer shall
then issue a certificate of occupancy or a certificate of compliance
with respect thereto.
[Amended 12-16-2019 by L.L. No. 1-2019]
B.
Required permits. A building permit or certificate of occupancy shall
be required prior to the erection, addition, demolition or alteration
of any building or portion thereof; prior to the use or change of
use of a building or land; and prior to the change or extension of
a nonconforming use. It shall be unlawful for any person to commence
work for the erection of any building or for a change in land use
until a permit has been duly issued therefor. A special use permit,
site plan review approval, or a variance may also be required prior
to the application for a building permit. The following classes of
permits may be required:
[Amended 12-16-2019 by L.L. No. 1-2019]
(1)
Permitted use. A permit for a principal permitted use or an accessory
use requiring a permit may be issued by the Code Enforcement Officer
on his own authority.
(2)
Special use. A permit for a special use may be issued by the Code
Enforcement Officer after review and approval by the Planning Board
(3)
Variance. A permit for a use or structure which requires a variance may be issued by the Code Enforcement Officer only upon order of the Zoning Board of Appeals in accordance with Article XI.
(4)
Temporary use. A temporary permit may be authorized by the Town Board
and issued by the Code Enforcement Officer for a nonconforming structure
or use which the Town Board deems necessary to promote the proper
development of the community, provided that such nonconforming structure
or use shall be completely removed upon expiration of the permit for
a specified period not exceeding three years. Temporary permits for
purposes of demolishing a structure may be issued by the Code Enforcement
Officer and shall be for a period not to exceed 60 days.
C.
Activities not requiring permits. Certain uses or activities shall
not require permits although they shall meet any standards which may
be applicable to those uses. These include the following:
(1)
Patios.
(2)
Any porch or deck not over six feet in height above the grade level
and lacking a roof, provided such porch or deck does not extend closer
than 10 feet to any lot line or within any required front yard.
(3)
Above ground swimming pools, provided such swimming pool does not
extend closer than 10 feet to any lot line or within any required
front yard.
(6)
All nonstructural accessory use, including gardens, small animal
projects, etc.
(7)
Home occupations (permitted as accessory uses in certain districts subject to the requirements of § 147-20B). Permits shall, however, be required for home occupations if a structure addition or new structure is planned. Also home occupations employing more than three persons, other than immediate family members, shall permitted as special uses in the RD or AC District.
[Amended 12-16-2019 by L.L. No. 1-2019]
D.
Application for permits.
(1)
All applications for building permits shall be made using official
Town application forms and be accompanied by a plot plan in duplicate,
drawn to show the actual shape and dimensions of the lot to be built
upon, the exact size and location of any buildings existing on the
lot, the lines within which the proposed building or structure shall
be erected or altered, the existing and intended use of each building
or part of a building, the number of families or dwelling units the
building is designed to accommodate and also by such additional information
as may be necessary to determine compliance with this chapter, all
other pertinent Town regulations and state regulations, including
the New York State Environmental Quality Review Act, where applicable.
All applications with accompanying plans and documents shall become
a public record after a permit is issued or denied.
[Amended 12-16-2019 by L.L. No. 1-2019]
(2)
Applications for uses which also necessitate approvals under Chapter 130, Subdivision of Land, of the Code of the Town of Liberty shall be processed in the manner provided therein for plan approval and contain all information or data normally required for a submission under those regulations. A building permit shall not be issued until the proposed use has been granted a preliminary approval under Chapter 130, Subdivision of Land. Also, no building permits shall be issued for any individual structures or uses within any subdivision or land development requiring subdivision approval until final approval has been granted under said regulations.
(3)
All water supply and sewage disposal systems shall conform with the New York State Department of Health regulations and no building permit (or certificate of occupancy) shall be issued unless such application is accompanied by a certification by a professional engineer (or licensed land surveyor permitted to prepare sewage system designs) that said lot has adequate percolation for the proposed construction and all sewage disposal systems are designed in accordance with the specifications of New York State as well as the Town of Liberty and shall be installed under his/her direction. (See Chapter 121 of the Code of the Town of Liberty.) No residential dwelling unit shall be served by a privy and all systems shall fully comply with the sewer district regulations of the Town of Liberty as contained in this Code.
E.
Fees.
(1)
The Town Board shall by resolution establish and periodically update
a uniform schedule of fees, charges and expenses, as well as a collection
procedure for building permits, special use permits, variances and
other matter pertaining to this chapter.[1]
(2)
Said schedule of fees shall be posted in the office of the Code Enforcement
Officer and/or the Town Clerk.
(3)
Permits, special uses and variances shall be issued only after fees
have been paid in full, and the Zoning Board of Appeals shall take
no action on appeals until preliminary charges have been paid in full.
F.
Action on permit applications.
(1)
Issuance of permit.
(a)
It shall be the duty of the Code Enforcement Officer to issue
a building permit, provided that he is satisfied that the structure,
building, any signs, parking areas of premises and the proposed use
thereof conform with all the requirements of this chapter and that
all other reviews and actions, if any are called for in this chapter,
have been complied with and all necessary approvals secured thereof.
(b)
All building permits shall be issued in duplicate and one copy
shall be kept conspicuously on the premises affected and protected
from the weather whenever construction work is being performed thereon.
No owner, contractor, workman or other person shall perform any building
operations of any kind unless a building permit covering such operation
is displayed as required by this chapter, nor shall be perform building
operations of any kind after notification of the revocation of said
building permit.
(2)
Denial of permit. When the Code Enforcement Officer is not satisfied
that the applicant's proposed development will meet the requirements
of this chapter, he shall refuse to issue a building permit.
(3)
Inspection by the Code Enforcement Officer. It shall be the duty
of the Code Enforcement Officer, or his duly appointed representative,
to make the following minimum number of inspections on property for
which a permit has been issued:
(a)
At the beginning of construction. A record shall be made indicating
the time and date of the inspection and the finding of the Code Enforcement
Officer in regard to conformance of the construction with plans submitted
with the application from the building. If the actual construction
does not conform to the application, a written notice of the violation
shall be issued by the Code Enforcement Officer, and such violation
shall be discontinued. Upon proper correction of the violation and
receipt of written notice from the Code Enforcement Officer, construction
shall proceed.
(b)
At the completion of construction. A record shall be made indicating
the time and date of the inspection; the findings of the Code Enforcement
Officer in regard to the issuance of certificate of occupancy. Nothing
herein shall, however, preclude the Code Enforcement Officer from
making such additional inspections as are deemed necessary to establish
conformance with this or other Town Regulations.
(4)
Expiration of permit. A building permit shall expire after one year
if the applicant fails to implement his application as filed with
the Code Enforcement Officer.
(5)
Revocation of permits. If it shall appear at any time to the Code
Enforcement Officer that the application or accompanying plot plan
is in any material respect false or misleading or that work is being
done upon the premises differing materially from that called for in
the application filed with him under existing laws or ordinances,
he may forthwith revoke the building permit, whereupon it shall be
the duty of the person holding the same to surrender it and all copies
thereof to the said enforcement officer. After the building permit
has been revoked, the Code Enforcement Officer may, at his discretion,
before issuing a new building permit, require the applicant to file
an indemnity bond in the favor of the Town of Liberty with sufficient
surety, conditioned for compliance with this chapter and all building
laws and ordinances then in force, and in a sum sufficient to cover
the cost of removing the building if it does not so comply.
(6)
Renewal of permit. In any instance when a permit is approved by the
Planning Board, the Town Board or the Zoning Board of Appeals, any
of those may require their approval be periodically renewed. Such
renewal shall be granted following due public notice and hearing,
and may be withheld only upon determination by the Code Enforcement
Officer to the effect that such conditions as may have been prescribed
by the Board in conjunction with the issuance of the original permit
have not been, or are no longer being, complied with. In such cases
a period of 60 days shall be granted the applicant for full compliance
prior to the revocation of said permit.
[Amended 12-16-2019 by L.L. No. 1-2019]
G.
Certificate of occupancy.
(1)
A certificate of occupancy shall be a statement issued by the Code
Enforcement Officer setting forth either that a building, structure
or parcel of land complies with the provisions of this chapter; or
that a building or structure lawfully may be employed for specified
uses under the provisions of this chapter, or both.
(2)
No vacant land shall be occupied or used, and no structure or part
of a structure hereafter erected, structurally altered or changed
in use, shall be occupied or used until a certificate of occupancy
shall have been regularly issued therefore by the Code Enforcement
Officer.
(3)
A certificate of occupancy, either for the whole or part of a new
building or for the alteration of an existing building shall be applied
for coincident with the application for a building permit and shall
be issued within 30 days after the erection or alteration of such
building or part shall have been completed in conformity with the
provisions of this chapter, provided the Code Enforcement Officer
has been timely notified of the completion of construction.
(4)
A certificate of occupancy for the use of occupancy of vacant land
or for a change in the use of land, or for a change in the use of
an existing building, shall be applied for and issued before any such
land shall be occupied or used or such land or building changed in
use, and such certificate of occupancy shall be issued within 30 days
after application has been made, provided such proposed use is in
conformity with the provisions of this chapter.
(5)
A certificate of occupancy for changing or extending a nonconforming use, existing at the time of the passage of this chapter or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate of occupancy shall be issued pursuant to the special use permit requirements in Article VIII of this chapter.
[Amended 12-16-2019 by L.L. No. 1-2019]
(6)
A record of all certificates of occupancy shall be kept on file in
the office of the Code Enforcement Officer and a copy shall be furnished,
on request, to any person having a proprietary or tenancy interest
in the building or land affected.
A.
General provisions. It shall be unlawful to erect, construct, reconstruct,
alter and maintain or use any building or structure or to use any
land in violation of any provision of this chapter or amendments thereto.
Failure to comply with any provisions of this chapter; or failure
to secure a permit, or certificate of occupancy, when required, previous
to the erection, construction, extension, or addition to a building
shall be a violation of this chapter. When written notice of a violation
of any of the provisions of this chapter has been served by the Code
Enforcement Officer on the owner, occupant and/or contractor, such
violation shall be discontinued immediately.
B.
Complaints. Whenever a violation of this chapter occurs, any person
may file a complaint in regard thereto. All such complaints must be
in writing and shall be filed with the Code Enforcement Officer, who
shall properly record such complaint and immediately investigate and
report thereon to the Town Board.
[Amended 7-14-1997 by L.L. No. 4-1997]
C.
Penalties. Any person, partnership or corporation who or which shall
do so shall, upon conviction thereof, be sentenced to pay a fine of
not more than $50 to the Town of Liberty together with judgment of
imprisonment not exceeding six months if the fine is not paid. Each
week that a violation is continued shall constitute a separate offense.
All fines collected for the violation of this chapter shall be paid
over to the Town of Liberty.
[Amended 7-14-1997 by L.L. No. 4-1997]
D.
Procedure for abatement of violation. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted
or maintained, or any building, structure or land is used in violation
of this chapter or of any ordinance or regulation made under authority
or inferred hereby, the Town Board or, with its approval, the Code
Enforcement Officer or other property official, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, or to restrain, correct or
abate such violation, or to prevent the occupancy of said building,
structure or land, or prevent any illegal act, conduct, business or
use in or about such premises.
