Unless otherwise provided, the provisions of this chapter shall be administered
and enforced by the Code Enforcement Officer of the Town of Boston. 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 Boston pursuant to this chapter.
A.
Enforcement. This chapter shall be enforced by the Code
Enforcement Officer. No building permit or certificate of occupancy shall
be issued except in conformity with the provisions of this chapter.
B.
Building permit.
(1)
A building permit is required for the erection or placement
of any structure or the alteration of an existing building or structure so
as to change front, side or rear yards or building height or the number of
dwelling units. Building permit applications shall be made to the Town Clerk
and shall be accompanied by two copies of a sketch plot plan showing dimensions
of the lot and the size and location of buildings on the lot, except that,
in the case of an application to erect a structure on an unimproved lot or
to erect a structure exceeding 600 square feet in a lot improved by another
structure or to erect an addition to any structure situated on a lot, the
application shall be accompanied by two copies of a survey prepared and stamped
by a licensed surveyor showing the dimensions of the lot and the size and
location of all structures located thereon. On all applications for which
a survey is required, the Code Enforcement Officer shall receive a stamped,
redated survey showing the actual location of the structure being erected
prior to conducting any inspection other than of the foundation.
(2)
Building permit applications shall be made on the form
supplied by the Town Clerk and shall not be granted until the applicant has
secured an approved plan for construction and installation of water supply
and sewage disposal system and has agreed to construct and locate the water
supply and sewage disposal system so as to meet the standards, rules and regulations
of the Erie County Health Department and that such systems will not be covered
until a certificate of compliance has been issued by the sanitary inspector.
(3)
Such building permit must be publicly displayed at the
building site continually during construction and until the issuance of a
certificate of occupancy, as provided for herein, in such a manner as to be
visible from the highway.
C.
The building permit shall remain effective only if work
commences within six months and is completed within one year of the date of
issuance. Said permit may be extended by the Town Board upon written application
and for good cause demonstrated by the applicant therefor.
D.
No permit for excavation or erection or alteration or
repairs of any building unless all the provisions of this chapter have been
complied with.
E.
Certificates of occupancy. Following completion of any
new structure or building for which a building permit has been issued, or
the completion of development of the entire site where the project is subject
to site plan approval, including but not limited to all required paving, landscaping
and drainage, as depicted on the approved site plan, in accordance with this
chapter, the Code Enforcement Officer shall issue a certificate of occupancy,
which shall certify that the construction of the building or structure is
in accordance with all applicable state, County and local laws and regulations.
No building or structure shall be occupied prior to the issuance of a certificate
of occupancy by the Code Enforcement Officer or after the expiration of a
temporary certificate of occupancy or the revocation of a certificate of occupancy
or a certificate of zoning compliance.
F.
No more than one building permit shall be pending with
regard to any property unless approved by the Town Board.
[Added 10-7-1992 by L.L. No. 2-1992]
A.
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. Where site plan approval is required, no certificate of zoning
compliance shall be issued until the entire site has been completed in accordance
with the approved site plan, including but not limited to all required paving,
landscaping and drainage, as depicted on the approved site plan.
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 Code Enforcement Officer, and shall contain the
following information:
(1)
The nature and definite purpose of the building or use.
(2)
A description of the property and buildings 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)
Compliance with all applicable site plan requirements.
C.
In addition, upon written request by the property owner
or his 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 or any other law, ordinance,
regulations or specifications adopted by the Town of Boston. 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.
[Amended 7-16-1997 by L.L. No. 5-1997]
A.
Upon receipt of an application therefor, the Code Enforcement
Officer may issue a temporary certificate of occupancy or a temporary certificate
of zoning compliance to be effective for a period not to exceed 90 days from
the date of issuance.
B.
After the expiration of the temporary certificate of
occupancy or temporary certificate of zoning compliance, said certificate
may be renewed only upon written application, for good cause shown, to the
Town Board. Said renewal shall be for such period as the Town Board may, in
its discretion, determine, but, in any event, shall not exceed 90 days from
the date of issuance.
C.
No temporary certificate of occupancy or temporary certificate
of zoning compliance shall be effective for a period of more than 270 days
from the date said certificate was first issued by the Code Enforcement Officer.
D.
No temporary certificate of occupancy or temporary certificate
of zoning compliance shall be issued unless the Code Enforcement Officer shall
determine, and in the case of an application for renewal shall certify to
the Town Board, that the structure is sufficiently complete to be put to the
use which was set forth in the original building permit application, application
for site plan approval or other application.
A.
Pursuant to § 268 of Article 16 of the Town
Law, a violation of this chapter is hereby declared to be an offense, punishable
by a fine not exceeding $250 or imprisonment for a period not to exceed 15
days, or both.
B.
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 two days after the service thereof. Each week's continued
violation shall constitute a separate additional violation and shall be punishable
thereunder.
In addition to the foregoing remedies, the Town of Boston may institute
any appropriate action or proceeding to prevent, enjoin or restrain any violation
of this chapter.
The provisions of this chapter shall be supplemented by such additional
requirements of Chapter 57 of the Town Code as may apply to each application.
Any application filed with the Town of Boston or an officer or agency
thereof shall be actively prepared and presented by the applicant. Any such
application, except applications for approval of a subdivision, shall be presented
for a vote by the board or agency having final approval authority no later
than 270 days after the date of filing of said application, or the same shall
be deemed abandoned and denied without any further action by the said board
or agency.
A.
Notwithstanding any other provision of the law or ordinance
heretofore enacted by the Town of Boston, all building permits issued by the
Town of Boston less than six months prior to the effective date of this chapter
shall expire one year after such effective date.
B.
Notwithstanding any other provision of law or ordinance
heretofore enacted by the Town of Boston, all building permits issued by the
Town of Boston more than six months but less than one year prior to the effective
date of this chapter shall expire 270 days after such effective date.
C.
Notwithstanding any other provision of law or ordinance
heretofore enacted by the Town of Boston, all building permits issued by the
Town of Boston more than one year prior to the effective date of this chapter
shall expire 180 days after such effective date.
