Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
The activities or occupancy classifications that are required to obtain an operating permit are prescribed in Part 1203 of 19 NYCRR as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes.
Application for an operating permit shall be made to the Code Enforcement Officer in such form and detail as prescribed by such officer. Applications for such permit shall be accompanied by operational documents and data as prescribed by the Code Enforcement Officer.
A. 
The Code Enforcement Officer shall examine an application for an operating permit and amendments thereto within a reasonable time after filing. If the application or the supporting documents do not conform to the requirements of the Uniform Code, the Code Enforcement Officer shall reject such application in writing, stating the reasons therefor. If the Code Enforcement Officer is satisfied that the application and supporting documents conform to the requirements of the Uniform Code, the Code Enforcement Officer shall issue an operating permit therefor as soon as practicable.
B. 
Third-party agency/inspector. The Code Enforcement Officer has the right to have a third-party agency/inspector examine an application for an operating permit and any amendments thereto to ensure compliance with the Uniform Code.
C. 
Code of the Town of Milo. An operating permit shall not be issued unless the activity and/or occupancy classification conforms to any applicable provision of the Code of the Town of Milo.
D. 
Multiple permits for the same location. When more than one operating permit is required for the same location, the Code Enforcement Officer is authorized to consolidate such permits into a single operating permit if each activity and/or occupancy classification is listed in such permit.
E. 
Time limitation of application. An application for an operating permit shall be deemed to have been abandoned six months after the date of filing unless such application has been pursued in good faith, an operating permit has been issued or when such action is requested in writing by the owner. However, the Code Enforcement Officer is authorized to grant one or more extensions of time for additional periods not exceeding six months each. The extension shall be requested by the owner and justifiable cause demonstrated.
A. 
Before a new operational permit is issued, the Code Enforcement Officer shall inspect or cause to be inspected the activity and/or occupancy classification that is the subject of such permit to determine compliance with the Uniform Code.
B. 
Third-party agency/inspector. The Code Enforcement Officer has the right to have a third-party agency/inspector inspect any activity and/or occupancy classification for which an operating permit is required to ensure compliance with the Uniform Code.
An operating permit shall contain a general description of the activity and/or occupancy classification, its location and any other information required by the Code Enforcement Officer. Such permit shall bear the signature of the Code Enforcement Officer and the issuance date.
The Code Enforcement Officer may include in an operating permit such terms and conditions (e.g., applicable provisions of the Flood Damage Prevention Law[1] and/or the Zoning Law[2] as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code as well as the Code of the Town.
[1]
Editor's Note: See Ch. 204, Flood Damage Prevention.
[2]
Editor's Note: See Ch. 350, Zoning.
The issuance or granting of an operating permit shall not be construed to be a permit for, or an approval of, any violation of any applicable provisions of the Uniform Code or the Code of the Town. An operating permit presuming to give authority to violate or cancel the provisions of the Uniform Code or the Code of the Town shall not be valid. The issuance of an operating permit based on operational documents and other data shall not prevent the Code Enforcement Officer from requiring correction of errors to such documents or data.
An operating permit shall remain in effect until reissued, renewed or revoked, or for such a period of time as specified in the permit. An operating permit is not transferable and any change in occupancy, operation, tenancy or ownership shall require the issuance of a new permit.
The Code Enforcement Officer is authorized to revoke an operating permit issued under the provisions of this chapter when it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application on which such permit or approval was based including, but not limited to, any one of the following:
A. 
The operating permit is used for a lot of record or establishment other than that for which it was issued.
B. 
The operating permit is used for an activity and/or occupancy classification other than that listed in such permit.
C. 
Conditions and limitations set forth in the operating permit have been violated.
D. 
There have been any false statements or misrepresentations as to the material fact in the application for an operating permit.
E. 
The operating permit is used by a different owner than the one for which it was issued.
F. 
The owner failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this chapter within the time provided therein.
G. 
The operating permit was issued in error or in violation of applicable provision of the Uniform Code or the Code of the Town of Milo.
Operating permits shall be posted in a conspicuous place that is posted near the main exit or exit access doorway from the activity or occupancy classification that is required to obtain an operating permit.