The Code Enforcement Officer appointed by the
Town Board of the Town of Corinth shall administer and enforce all
provisions of this chapter except where otherwise herein specifically
required.
A.
Wherever any permit is required herein, the same shall
be applied for and shall be issued from 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 Corinth.
B.
The Code Enforcement Officer shall give reasonable
written notice to the owner(s) of his/her intent to examine or inspect
any building or property and shall enter only with the permission
of the owner. At time of entry, the Code Enforcement Officer shall
have the right to enter and inspect, or cause to be entered and inspected,
any building or property for the purpose of carrying out his or her
duties. [NOTE: Buildings must also comply with the New York State
Building Code.] The Code Enforcement Officer shall also determine
the compliance with the provisions of this chapter.
A.
Issuance of building permits.
(1)
Until the Code Enforcement Officer has issued a building
permit stating that the proposed structure and use comply with all
applicable provisions of this chapter, no building or structure shall
be erected, altered, reconstructed or enlarged and no excavation for
any building shall be begun.
(2)
All building permit applications shall include a plot
plan or an approved site plan drawn to scale and accurately dimensioned.
The plan shall include the location of all existing and proposed structures
on the lot and other information that may be required by the Code
Enforcement Officer to determine compliance with this chapter and
other applicable regulations. The required fee, which shall be determined
by the Town Board and posted in the Town Hall, shall accompany the
application.
(3)
The Code Enforcement Officer shall make a determination,
based upon submitted material and any relevant facts which may come
to his/her attention, whether such application complies with all relevant
provisions of this chapter. Based upon the Code Enforcement Officer's
determination, the building permit shall be issued or refused. He/she
shall provide the applicant, for any permit which is refused, with
a written notice thereof and reasons for such refusal and instructions
on how his/her refusal may be appealed.
(4)
A building permit shall expire one year from the date
of issue if the permitted action is not substantially started.
(5)
Temporary building permits may be issued upon the
approval of the Code Enforcement Officer for a period not to exceed
one year for temporary uses and structures incidental to a construction
project. Such temporary building permit shall be conditioned upon
agreement by the applicant to remove any nonconforming uses or structures
upon expiration of the permit.
B.
Issuance of certificates of occupancy.
(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 stating that the use, land and structure
comply with all applicable provisions of this chapter.
(2)
More particularly, no certificate of occupancy shall
be issued for any use of a building or of land requiring special use
permit or site plan approval by the Planning Board unless and until
such special use permit or site plan approval has been granted by
the Planning Board. Every certificate of occupancy for which a special
use 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.
(3)
In the case where the Code Enforcement Officer refuses
to issue a certificate of occupancy, his/her reasons shall be stated
in writing on the application and a copy shall be returned to the
applicant.
C.
Issuance of notices of violation. When a violation
appears to exist of any provision of this chapter, or of any rule
or regulation adopted pursuant thereto, the Code Enforcement Officer
shall serve a written notice upon the appropriate person responsible
for such alleged violation. Such notice shall inform the recipient
of the following:
(1)
The nature and specific details of such violation;
(2)
The date of compliance by which the violation must
be remedied or removed, which period shall not exceed 20 days from
the date of notice;
(3)
If the person served fails to comply within the prescribed
period of time, the Code Enforcement Officer shall issue an appearance
ticket stating the date and time to appear before the Town Justice,
notify the person and bring the matter to the attention of the Town
Justice. The Town Justice shall take the action deemed appropriate.
D.
Issuance of stop work 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. The order or notice
shall either be delivered personally or posted upon a conspicuous
portion of the building under construction or premises in use and
an additional copy of the same shall be sent 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 shall direct that such violation be immediately
remedied or shall 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. The Code Enforcement Officer 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.
A.
Civil penalties.
(1)
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.
(a)
Conviction of a first offense is punishable
by a fine of not more than $350 and/or imprisonment for not more than
six months.
(b)
Conviction of a second offense, committed within
a five-year period of the first, is punishable by a fine of not less
than $350 nor more than $700 and/or imprisonment for not more than
six months.
(c)
Conviction of a third or subsequent offense,
committed within a five-year period of the first, is punishable by
a fine of not less than $700 nor more than $1,000 and/or imprisonment
for not more than six months.
(2)
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. Each week that any such violation
continues after notification that such violation exists shall constitute
a separate offense. Such notice shall be given in writing by the Code
Enforcement Officer and shall be served by certified mail or personal
service.
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 furthermore prevent the illegal
occupancy of any building, land or premises.
C.
Enforcement costs. All costs associated with the enforcement
of specific violation(s) shall be borne by the violator. If said costs
cannot be paid, a lien may be placed on the violator's property.
