Unless otherwise provided, the provisions of
this chapter shall be administered and enforced by the Code Enforcement
Officer of the Town of Concord. The Code Enforcement Officer shall
keep a complete file of all applications, permits, orders, certificates,
requirements and decisions affecting each and every application filed
with the Town of Concord pursuant to this chapter.
A.
The provisions of the New York State Uniform Fire
Prevention and Building Code and all subsequent amendments thereto,
as adopted by reference by the Town of Concord, and other applicable
regulations of the Town of Concord shall control the issuance of building
permits. In addition to such provisions, every application for a building
permit shall be accompanied by a plat, in duplicate, drawn to scale
and showing the dimensions of the plot to be built upon, the size
and location of the building on the plot and such other information
as may be necessary to provide for the enforcement of the regulations
contained in this chapter.
B.
No building permit shall be issued unless the provisions
of this chapter are complied with.
A.
No permit for excavation for, or the erection or alteration
of, or repairs to any building shall be issued until an application
has been made for a certificate of zoning compliance.
B.
No land shall be occupied or used and no building
hereafter erected, altered or extended shall be used or changed in
use until a certificate of zoning compliance shall have been issued
by the Code Enforcement Officer stating that the building or proposed
use thereof complies with the provisions of this chapter.
C.
All applications for a certificate of zoning compliance
shall be in writing, signed by the property owner or his/her duly
authorized agent, on forms furnished by the Code Enforcement Officer
and shall contain the following information:
(1)
Nature and definite purpose of the building or use.
(2)
Description of the property and buildings thereon
and to be placed thereon.
(3)
Statement of any restrictions by deed or other instrument
of record.
(4)
An agreement to comply with this chapter and all other
laws, ordinances and regulations that may be applicable.
D.
In addition, upon written request by the property
owner or his/her duly authorized agent, the Code Enforcement Officer
shall inspect any building, other structure or tract of land existing
on the effective date of this chapter and shall issue a certificate
of zoning compliance certifying:
The Code Enforcement Officer is hereby empowered
to cause any building, other structure or tract of land to be inspected
and examined and to order, in writing, the remedying of any condition
found to exist therein or thereat in violation of any provision of
this chapter. After any such order has been served, no work shall
proceed on any building, other structure or tract of land covered
by such order except to correct the violation or to comply with such
order.
A.
A violation of this chapter is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both for conviction of a
first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not
less than $350 nor more than $700 or imprisonment for a period not
to exceed six months, or both; and, upon conviction for 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
$1,000 or imprisonment for a period not to exceed six months, or both.
B.
However, for the purpose of conferring jurisdiction
upon the courts and judicial officers generally, a first violation
of this chapter shall be considered a violation, and each and every
additional violation shall be considered a misdemeanor. Each week's
continued violation of any of these subsections, after appropriate
notice, shall constitute a separate additional violation.
C.
A person shall be subject to the penalties imposed
by this section and § 268 of Article 16 of the Town Law
in any case where an order to remove any violation of any of the provisions
of this chapter has been served by the Code Enforcement Officer upon
the owner, general agent, lessee or tenant of the building, other
structure or tract of land or any part thereof or upon the architect,
builder, contractor or anyone who commits or assists in any such violation
and such person shall fail to comply with such order within 10 days
after the service thereof. Each week's continued violation shall constitute
a separate additional violation and shall be punishable hereunder.
In addition to the foregoing remedies, the Town
of Concord may institute any appropriate action or proceeding to prevent
or restrain any violation of this chapter.
