[Amended 7-7-2014 by L.L. No. 4-2014]
A.
Unless
otherwise provided, the provisions of this chapter shall be administered
and enforced by the Supervising Code Enforcement Officer and Code
Enforcement Officers of the Town of Cheektowaga. The Code Enforcement
Office/Building Inspections Department shall keep a complete file
of all applications, permits, orders, certificates, requirements and
decisions affecting each and every application filed with the Town
of Cheektowaga pursuant to this chapter.
B.
The provisions of §§ 260-28J(2) and 260-50D(3) and (8) shall also be enforced by the Police Department. The provisions of § 260-28E(5)(a) shall also be enforced by the Police Department.
[Amended 4-6-2015 by L.L.
No. 1-2015]
A.
The provisions of the Building Code and other applicable
regulations of the Town of Cheektowaga shall control the issuance
of building permits. In addition to such provisions, every application
for a building permit shall be accompanied by a survey sealed or stamped
by a licensed surveyor, in duplicate, drawn to scale and showing the
dimensions of the plot to be built upon, the size and location of
the building or other structure 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, including approved site plans as
required.
C.
In the case of a building permit for multifamily dwellings
or apartments, no building permit shall be issued unless the Town
Engineer has certified in writing to the Town Board, with a copy to
the Building Inspector, that a plan for such dwellings will provide
adequate sewers and storm drainage for the project.
A.
No land shall be occupied or used and no building
or other structure hereafter erected, altered, extended, enlarged
or restored shall be used or changed in use until a certificate of
zoning compliance shall have been issued by the Building Inspector,
stating that the building, other structure or proposed use thereof
complies with the provisions of this chapter and any other applicable
Town ordinance.
B.
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 Building Inspector, and shall contain
the following information:
(1)
The nature and definite purpose of the building, other
structure or use.
(2)
A description of the property and buildings or other
structure thereon and to be placed thereon.
(3)
A 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.
(5)
A property survey reflecting existing conditions.
C.
Upon written request and application for a certificate
of zoning compliance by the property owner or his duly authorized
agent, the Building Inspector shall inspect building, other structure
or tract of land existing on the effective date of this chapter and
shall issue a certificate of zoning compliance therefor, certifying:
D.
However, no certificate of zoning compliance shall
be issued if there are any pending violations of law or orders of
the Building Inspector, the Board of Appeals or the Town Board.
E.
A certificate of zoning compliance shall be issued
within 10 days after the erection, alteration or repairs shall have
been approved as complying with the provisions of this chapter and
shall void any previous certificate of zoning compliance for the same
premises.
The Building Inspector 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 herein 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 comply with such order.
A.
A violation of this chapter is hereby declared to
be an offense, punishable by a fine not less than $50 nor more than
$350 or imprisonment for a period not to exceed 15 days, 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 15 days, or both; and upon 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 $1,000 or imprisonment for a period not to exceed 15 days,
or both. Each week's continued violation shall constitute a separate
additional violation.
B.
An owner, general agent, lessee or tenant of the building,
other structure or tract of land or any part thereof, or an architect,
builder, contractor or anyone who commits or assists in any violation
of any of the provisions of this chapter, shall be subject to the
penalties imposed by this section. 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 Cheektowaga may institute any appropriate action or proceeding
to prevent, correct or restrain any violation of this chapter.
