A.
Enforcement. This chapter shall be enforced by the Building and Zoning
Officer of the Town of Fabius to be appointed by the Town Board.
B.
General duties. It shall be the duty of the Building and Zoning Officer
to:
(1)
Make a record of nonconforming uses and buildings existing at the
time of adoption of this chapter.
(2)
Approve or disapprove applications for a building permit made pursuant
to the provisions of this chapter.
(3)
Issue a certificate of occupancy, or notice of rejection thereof, in accordance with the provisions of § 150-37D of this chapter.
(4)
Serve written notice of the violation of any provisions of this chapter
upon the person or entity committing or permitting such violation.
If such violation has not ceased within such reasonable time as the
building and Zoning Officer may specify in the notice, action, as
may be necessary to terminate or correct the violation, shall be taken
by the Building and Zoning Officer.
(5)
Keep the Board of Appeals advised on duties pertaining to the enforcement
of this chapter.
(6)
Keep necessary and appropriate records, including building permits
and certificates of occupancy, and file them in the office of the
Town Clerk.
(7)
Submit monthly reports to the Town Board enumerating the applications
for building permits and certificates of occupancy received, and inspections
made, and stating the actions taken.
C.
Building permits.
(1)
No building or structure shall be erected, altered, enlarged, remodeled
or extended except after approval, in writing, by the Building and
Zoning Officer of an application filed with the Town Clerk's office
as herein provided.
(2)
Unless waived by the Building and Zoning Officer, the required application
shall include a map or survey appropriate for filing with the County
Clerk, and prepared by a licensed engineer or surveyor, showing the
dimension and detail of the boundary lines of the lot of occupancy,
the location of all existing buildings, the location of the building
to be constructed or altered and the dimensions, as appropriate, from
the proposed building to the front, side and rear property lines.
(3)
The Building and Zoning Officer shall determine whether the required
application for a building permit is complete and when additional
information is necessary to assure compliance with this chapter. Each
application shall be endorsed and signed by the Officer. If disapproved,
the reasons therefor shall be stated on the application.
(4)
Unless extended by the Building and Zoning Officer, any approved
building permit shall become null and void if not acted upon within
one year from the date of approval.
D.
Certificate of occupancy.
(1)
Upon completion of any new construction or alteration for which a
building permit has been issued, and prior to occupancy of any new
or altered building or structure, the Building and Zoning Officer
shall inspect the premises for compliance with this chapter and other
applicable laws and regulations. If, in the best judgment of the Officer,
the construction meets all applicable regulations, specifications
and conditions, a certificate of occupancy shall be issued and the
building occupied.
(2)
If any building or structure for which a building permit has been issued is in violation of the provisions of this chapter, the law shall be enforced as stated in § 150-38 herein.
(3)
Upon request, the Building and Zoning Officer may issue a temporary
certificate of occupancy allowing occupancy of a building or structure,
or parts thereof, before the entire work covered by the building permit
has been completed, provided such portion(s) as have been completed
may be occupied safely without endangering public life or welfare.
E.
Fees. The amount of any fees to be charged for applications, interpretations,
special permits, variances, certificates of occupancy, inspections
and other services and acts required by, or arising from, application
of this chapter shall be fixed from time to time by resolution of
the Town Board.
[Amended 4-11-2018 by L.L. No. 1-2018]
A.
The owner or general agent of a building or premises where a violation
of any provisions of this chapter has been committed or shall exist,
or the lessee or tenants over the entire building or entire premises
where such violation has been committed or shall exist, or the owner,
general agent, lessee or tenant of any part of the building or premises
in which such violation has been committed or shall exist, or the
general agent, architect, builder, contractor or any other person
who commits, takes part or assist in any such violation or who maintains
any building or premises or any part thereof in which any violation
shall exist, shall be guilty of a violation punishable by a fine not
exceeding $350 for conviction of a first offense; for conviction of
a second offense, both of which were committed within the period of
five years, punishable by fine not less than $350 nor more than $700;
and upon a conviction of 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 $800.
B.
Each week's continued violation after notice thereof has been given
as herein provided shall constitute a separate violation. Such notice
shall be in writing, signed by the Zoning Officer, and shall be served
upon the person or persons committing such violation either personally
or by registered mail or certified mail or regular mail with an affidavit
of mailing, to such person or persons at his work or last known address.
C.
In addition, the Town authorities shall have such other remedies
as are provided by law to restrain, correct or abate any violation
of this chapter.
