Town of Chautauqua, NY
Chautauqua County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Amended 12-12-1983 by L.L. No. 3-1983; 2-8-1993 by L.L. No. 1-1993]
This chapter shall be enforced by the Code Enforcement Officer or his designee.
[Amended 12-12-1983 by L.L. No. 3-1983; 4-8-1985 by L.L. No. 2-1985; 6-22-1987 by L.L. No. 5-1987]
A. 
Except as hereinafter provided, no building or structure shall be built or erected, or the floor area of an existing building increased, or a porch or deck added, or change or rearrangement made in the structural part of an existing facility, or an enlargement made, whether by an extension on a side or by an increase in height or by moving from one position to another, until a permit therefor has been issued by the Code Enforcement Officer or his designee and the proposed water system and sewage disposal systems have been approved by the Chautauqua County Department of Health. Except upon a written order by the Board of Appeals, no such building permit shall be issued for any building where said construction, addition or use thereof would be in violation of any of the provisions of this chapter, but no such written order shall be granted where such exception would be in violation of another law that does not authorize the granting of an exception.[1]
[Amended 9-22-2005 by L.L. No. 3-2005]
[1]
Editor's Note: Former Subsections B, C, D and E, regarding requirements for applications for building permits, the time allowed for Code Enforcement Officer response, application to the Board of Appeals and exemptions, respectively, which immediately followed this subsection, were repealed 1-8-2007 by L.L. No. 1-2007.
[1]
Editor's Note: Former § 143-80, Expiration of building permits; completion of project; extensions was repealed 1-8-2007 by L.L. No. 1-2007.
[Added 12-12-1988 by L.L. No. 3-1988]
A. 
Except as hereinafter provided, no building or structure in excess of 140 square feet of floor area shall be demolished until a permit has been issued therefore by the Code Enforcement Officer or his designee.
B. 
All applications for demolition permits shall be in writing, signed by the owner or agent, on forms furnished by the Code Enforcement Officer or his designee and shall be filed with the Code Enforcement Officer or his designee and shall briefly state:
(1) 
A description of the property and buildings or structures to be demolished.
(2) 
The name and address of any contractor, if any, participating in the demolition.
(3) 
An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable.
(4) 
The applicant's proposal for capping natural gas lines, water lines, water wells, sewage lines or systems, if any.
(5) 
The applicant's proposal, including a description of materials, to fill in any dug wells, septic system and/or cellar or other subsurface areas to grade level, which shall be required except as set forth in Subsection D hereunder.
C. 
The application shall be accompanied by a signed, sworn affidavit of the applicant stating that all demolition debris shall be promptly and legally disposed of at a properly permitted landfill or dump.
D. 
Where, within a period of five days, a new building or structure is to commence being constructed on the property, and existing natural gas lines, water lines, sewage lines or systems, cellar areas or other subsurface areas are to be utilized for such new building or structure, such information shall be set forth in the application. The Code Enforcement Officer or his designee may, under such circumstances, grant a stay of 30 days before requiring compliance with the capping or filling requirements as set forth in Subsection B(5) above.
E. 
All the demolition sites shall be barricaded in such a manner as to provide proper warning and protection to the public.
F. 
All demolition projects once commenced must be completed within 30 days of their commencement date, unless a written extension has been granted by the Code Enforcement Officer or his designee.
G. 
Demolition permits shall expire 90 days from the date of issuance if the work authorized has not commenced, unless a prior written extension has been granted by the Code Enforcement Officer or his designee for good cause shown.
[Amended 12-12-1983 by L.L. No. 3-1983]
No land or building shall be changed in use until a certificate of zoning compliance shall have been issued by the Code Enforcement Officer or his designee stating that the land, building or other structure or proposed use thereof complies with the provisions of this chapter. All applications for a certificate of zoning compliance shall be in writing, signed by the property owner or his duly authorized agent, on forms furnished by the Code Enforcement Officer or his designee and shall contain the following information:
A. 
The nature and definite purpose of the use of the land, building or other structure.
B. 
A description of the property and buildings or other structures thereon or to be placed thereon.
C. 
A statement of any restrictions by deed or other instrument of record.
D. 
An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable. In the event that such proposed use conforms to all the provisions of this chapter, a certificate of zoning compliance shall be issued by the Code Enforcement Officer or his designee within 10 days certifying the use of the land, building or other structure, and such issuance shall void any previous certificate of zoning compliance for the same premises.
The provision of the foregoing section shall not apply to the use of land or buildings for farm purposes or as a farm structure.
[Amended 4-8-1985 by L.L. No. 2-1985; 10-13-1986 by L.L. No. 4-1986; 10-11-1990 by L.L. No. 4-1990; 9-9-1991 by L.L. No. 1-1991; 2-8-1993 by L.L. No. 1-1993; 5-8-1995 by L.L. No. 2-1995]
A. 
Building permit, certificate of zoning compliance and demolition permit fees. The building permit fee shall be paid when submitting the application. The certificate of zoning compliance fee shall be paid when the certificate is requested. A fee shall accompany any application to the Town Board or Board of Appeals in any proceeding which shall require a public hearing pursuant to public notice either under the provisions of this chapter or applicable state law. To discourage persons from building before a permit is issued or using property for a use requiring a special use permit or a variance before such special use permit or variance is granted, an additional surcharge is hereby imposed and shall be paid by any person applying for a building permit, special use permit or variance after the authorized building or use has commenced, and such surcharge shall not be construed as a waiver of or in lieu of any of the provisions of §§ 143-85, 143-86 and 143-87 of this chapter, but shall be treated only as an additional fee to be paid by an applicant at the time the permit or variance application is belatedly made. The demolition permit fee shall be the same as is established for the construction of a one-family dwelling with 1,000 square feet of floor space. The authority to set and modify these and other fees authorized in this chapter by resolution of the Town Board is hereby established.
B. 
Professional fees.
(1) 
The Town Board or the Zoning Board of Appeals, in review of any application, may refer any such application presented to it to such engineering, planning, legal, technical or environmental consultant or professional(s) employed by the Town as such Board shall deem reasonably necessary to enable it to review such application as required by law. Charges made by such consultants shall be in accord with charges usually made for such services in the Western New York region or pursuant to an existing contractual agreement between the Town and such consultant. Charges made by the Town shall be in accord with the hourly rates upon which the employee's actual salary is based and fringe benefits and reasonable overhead. All such charges shall be paid on submission of a Town voucher. The applicant shall reimburse the Town for the cost of such consultant services upon submission of a copy of the voucher. In the event that an application is required to be reviewed by more than one Board, then, in such event and to the extent practicable, prepare one report providing data, information and recommendations requested. In all instances, duplications or consultants' reports or services shall be avoided wherever practicable in order to minimize the cost of such consultants' reports or services to the applicant. The above fees are in addition to any and all other fees required by any other law, rule, regulation or the Town Code.
(2) 
Escrow accounts. At the time of submission of any application, or thereafter, the reviewing Board may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the Town for the costs of professional review services. The applicant shall then provide funds to the Town for deposit into such account in an amount to be determined by the reviewing Board based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Town voucher for such services as they are submitted to the town. When the balance in such escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or certificate of occupancy or use shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the town. After all pertinent charges have been paid, the Town shall refund to the applicant any funds remaining on deposit.
(3) 
All fees required pursuant to this chapter shall by collected by the Town Clerk.
(4) 
This chapter shall be applicable to applications pending at the time it shall become effective, unless the reviewing Board shall determine that its application would be impracticable, unfair or unjust in the particular circumstances. Where this chapter shall be applicable to a pending application, it shall, in such event, require an applicant only to pay for professional fees for the services rendered after it shall have become effective.
Any person who commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense against such chapter and shall be liable for the penalty herein provided. Each week any violation shall continue or be permitted to exist shall constitute a separate additional violation.
[1]
Editor's Note: Former § 143-86, Penalties for offenses, as amended, was repealed 9-22-2005 by L.L. No. 3-2005. See now Ch. 145, Enforcement Procedures.
[Added 12-12-1983 by L.L. No. 3-1983]
The Code Enforcement Officer or his designee or his duly authorized Deputy Code Enforcement Officer, pursuant to Municipal Home Rule Law, shall have the authority to issue appearance tickets for the violation of any provision of this chapter.