In addition to all other authority conferred
by law, the Zoning Enforcement Officer shall have the following powers
and duties with respect to this chapter:
A. Issuance of building permits.
(1) Except as provided in §
180-17C of this chapter as pertains to portable and other minor accessory structures, no development shall be commenced and no building or structure shall be erected, altered, reconstructed or enlarged and no excavation for any building begun nor shall substantial alteration of or additions to facilities such as sewage disposal systems, electrical systems, water supply systems, including plumbing or drainage facilities and drinking water well creation be undertaken until the Zoning Enforcement Officer or Code Enforcement Official has issued a building permit stating that the proposed use and structure comply with all applicable provisions of this chapter.
(2) All building permit applications shall be accompanied
by three copies of a plot plan or an approved site plan, if applicable,
drawn to scale and accurately dimensioned, showing the location of
all existing and proposed structures on the lot and such other information
as may be required by the Zoning Enforcement Officer to determine
compliance with this chapter and other applicable regulations. One
copy of such plan, when approved by the Zoning Enforcement Officer,
shall be returned to the applicant upon payment of the required building
permit fee. Said fee shall be in accordance with the fee schedule
reviewed and established annually by the Town Board.
B. Issuance of certificates of occupancy.
(1) Except as provided in §
180-17C of this chapter, no use shall be established or land, use and structure occupied or otherwise used until the Zoning Enforcement Officer or Code Enforcement Official 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 building permit or certificate
of occupancy shall be issued for any special use of a building or
land requiring special permit or site plan approval by the Town Planning
Board unless and until such special use permit or site plan approval
has been granted by the Town Planning Board. Every certificate of
occupancy for which special 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 condition
to which the same is subject and include, by attachment, a copy of
such Board of Appeals or Town Planning Board decision.
C. Issuance of notices of violation. Whenever, in the
opinion of the Zoning Enforcement Officer, after proper examination
and inspection, there appears to exist a violation of any provisions
of this chapter or of any rule or regulation adopted pursuant thereto,
he shall, on his own initiative, serve a written notice upon the appropriate
person or persons responsible for such alleged violation. Such notice
shall inform the recipient of the nature and specific details of such
alleged violation and the date of compliance by which the alleged
violation must be remedied or removed, which date shall be not more
than 20 days from the date of notice.
D. Issuance of stop orders. Whenever the Zoning 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 applications
made, permit granted or other approval issued hereunder or in an unsafe
or dangerous manner, the Zoning Enforcement Officer shall promptly
notify the appropriate person or persons 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 by the Zoning Enforcement Officer
or Code Enforcement Official. Such order and notice shall be in writing
and shall state the conditions under which the work or use may be
resumed by delivering it personally to him or by posting the same
upon a conspicuous portion of the building under construction or premises
in use. In addition, a copy of the same shall be sent to the person
or persons responsible by certified mail.
E. Taking of emergency action. If, in the opinion of
the Zoning 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 Zoning Enforcement Officer may direct such violation be immediately
remedied or may take direct action on his own initiative to abate
the hazard. Any costs incurred by such action shall be paid for by
the owner, occupant or person responsible for the violation. The Zoning
Enforcement Officer shall keep on file an affidavit stating, with
fairness and accuracy, the items of expense and date of execution
of action taken and is furthermore authorized to institute a suit,
after Town Board approval, against the person liable for such expenses,
in order to recover said costs.
No building permit or certificate of occupancy
required by this chapter shall be issued by the Zoning Enforcement
Officer or Code Enforcement Official pertaining to any premises on
which there exists a violation of this chapter or any related Town
regulation which governs either building construction or the use of
land and structures within the Town of Milton.