The provisions of this chapter shall be administered and enforced by a person appointed by the Town Board as the "Enforcement Officer." No building permit or certificate of occupancy required hereunder shall be issued by the Enforcement Officer except in compliance with the provisions of this chapter or as directed by the Board of Appeals under the provision of Article XIII. The Enforcement Officer shall have the power and authority to make such inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.
[1]
Editor's Note: Former § 165-71,
Building/use permit and fees, as amended, was repealed 11-16-2022 by L.L. No.
8-2022. The fee schedule is on file in the Town
Building and Planning Department.
[1]
Editor's Note: Former § 165-72, Expiration of building
permit; extension, as amended, was repealed 11-16-2022 by L.L. No. 8-2022.
A.
A certificate of occupancy shall be applied for coincident with the application for a building/use permit. Said certificate of occupancy shall be issued by the Enforcement Officer upon completion of the construction or change of use estimated in the building permit, provided that the completed structure and its intended use comply with all the provisions of this chapter. Prior to issuance of the certificate of occupancy for projects subject to Article VI, Site Plan Review, the owner's licensed representative shall submit a signed and stamped professional certification form stating that all site and building improvements have been installed in accordance with the plans approved by the Town. Said certificate of occupancy shall be issued or denied within 10 days from the date such erection or alteration is inspected by the Enforcement Officer. Building address number shall be installed on the structure prior to issuance of certificate of occupancy.
[Amended 2-1-2005 by L.L. No. 2-2005]
B.
A record of all certificates of occupancy shall be
maintained by the Enforcement Officer. Copies shall be furnished,
upon request, to any person having a proprietary or tenancy interest
in the building affected.
A certificate of existing use shall be issued
by the Enforcement Officer upon the request of the owner, certifying
that the existing use of the premises is lawful under the provisions
of this chapter.
[1]
Editor's Note: Former § 165-75, Complaints of violation,
as amended, was repealed 11-16-2022 by L.L. No. 8-2022.
[Amended 6-17-2008 by L.L. No. 2-2008; 11-18-2008 by L.L. No. 8-2008; 7-16-2014 by L.L. No. 3-2014; 6-19-2019 by L.L. No. 7-2019]
A.
Notwithstanding any other inconsistent provision contained in this
chapter and in addition to any and all provisions contained in this
chapter or in other applicable laws, it shall be unlawful for any
person, firm or corporation to construct, alter, repair, move, remove,
demolish, equip, use, occupy or maintain any land area, building or
structure or portion thereof in violation of this chapter or applicable
building laws and regulations, including the 2015 International Code
and any updates to that code, or fail in any manner to comply with
a notice, directive or order of the Building Official, or to construct,
alter or use and occupy any land area, building or structure or part
thereof in a manner not permitted by an approved permit or certificate
of occupancy.
B.
Any person who shall fail to comply with a written order, notice, directive, permit or certificate of a duly authorized employee or agent of the Building, Planning and Development Department within the time fixed therein for compliance therewith, or any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or property who shall knowingly violate any of the applicable provisions of this chapter or any such lawful order, notice, directive, permit or certificate, shall be guilty of an offense and, upon conviction thereof, shall, except as provided in Subsection C below, be subject to a fine not to exceed $1,500, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment, for each offense. Each day that a violation continues shall be deemed a separate offense, and the violation shall be deemed to have commenced on the earlier of the date of, or the date contained in, the written order, notice, directive, permit or certificate of the Building Official.
C.
Any person convicted of the offense of failure to comply with a notice
of violation of the provisions of an approved site plan or subdivision
plot shall be subject to a fine of not less than $1,000 nor more than
$2,000, or imprisonment for a period not to exceed 15 days, or both,
for a conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, subject
to a fine not less than $1,500 nor more than $4,500, or imprisonment
for a period not to exceed 30 days, or both; and, upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, subject to a fine of not less than $5,000
nor more than $15,000, or imprisonment for a period not to exceed
90 days, or both. Each week or part thereof that a violation continues
shall be deemed a separate offense, and the violation shall be deemed
to have commenced on the earlier of the date of, or the date contained
in, the notice of violation. The Town shall, at all times, have the
right to reinspect the premises if any Code Enforcement Officer has
reason to believe the site is not in compliance, either by personal
observations, a report from a Town official or Board member or upon
the receipt of a signed, written complaint alleging that the site
is not in compliance and detailing the manner in which the compliance
is lacking. Notwithstanding a conviction for an offense against any
provisions or sections, an association or corporation convicted shall
be subject to revocation of any permit therein granted without reimbursement
of fees paid.
D.
In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of an offense of this chapter, each such offense may be subject to a civil penalty not to exceed $200,000, pursuant to New York State Town Law § 135, upon a judicial finding of willful violation of any notice or decision, or any special condition on any site plan or subdivision plat issued by the Planning Board or Zoning Board of Appeals requiring the preservation, restoration, rehabilitation or reconstruction of any structure as a condition of any subdivision, site plan, or variance approval or zoning change, as the case may be. The Town Attorney or their designee shall initiate an action or proceeding in a court of competent jurisdiction to obtain the judicial finding detailed herein, notwithstanding Subsection A, B, or C of this section. Each day an offense continues shall be subject to a separate civil penalty.
