§ 167-37. Enforcement; fees.  


Latest version.
  • A. 
    Code Enforcement Officer. This chapter shall be enforced by a Code Enforcement Officer or Assistant Code Enforcement Officer, who is appointed by the Town Board and whose duty is to:
    (1) 
    Issue building permits and certificates of occupancy where compliance is made with the provisions of this chapter and, except on written order of the Board of Appeals, refuse to issue the same in event of noncompliance, giving prompt written notice of such refusal and the reason therefor to the applicant.
    (2) 
    Keep the Zoning Board of Appeals advised of all matters other than routine duties pertaining to the enforcement of this chapter and keep all records necessary and appropriate to this office and file them in the office of the Town Clerk, including records of all permits and certificates of occupancy issued or withheld.
    (3) 
    Submit a report each month to the Town Board enumerating the applications received and stating the action taken.
    (4) 
    Investigate all complaints which are brought to his attention and, if he finds violations to exist, notify offending persons, in writing, of such violations in accordance with the provisions of § 167-39; in the absence of an exception granted to such person in violation by the Board of Appeals, the Inspector shall file a legal complaint against the offending person.
    (5) 
    Issue sign installation permits pursuant to Article VIII of this chapter.
    B. 
    Building permit. There shall be submitted with each application for a building permit, by the owner of the real property or the owner's designee, two complete sets of all information necessary to enable the Code Enforcement Officer to determine whether the proposed building and use of the premises comply with the provisions of this chapter, including two sets of a grading and drainage plan for the subject premises, which shall be reviewed by the Town Code Enforcement Officer, and, in the sole discretion of the Town Code Enforcement Officer, if the grading and drainage plan must be reviewed by the Town Engineer, and/or the advice of the Town Engineer obtained concerning said grading and drainage plan, the cost of such review and such advice shall be paid for by the applicant. If an architect/engineer stamp is required, one set of plans shall have the original stamp and signature with the second set having a copy. One set of the submitted information, together with a building permit, shall be returned to the applicant when approval is granted by the Code Enforcement Officer or by the Zoning Board of Appeals, when its approval is necessary, and upon payment of a fee as set forth by the Town Board. For residential construction, a complete set of plans shall include a plot plan, construction plans, electrical layout, plumbing layout, window schedule with glass and opening sizes and a New York State energy audit. Additional information may be required. For commercial construction, a complete set of plans shall include the same material as for residential construction, and, in addition, a plan detailing the handicap accessibility of the project. All applications for work being done by someone other than the property owner shall be accompanied by a certificate of insurance showing proof of liability by the contractor(s). If a current certificate is already on file with the Building Department, an additional submission is not necessary. Each building permit issued by the Code Enforcement Officer shall expire per the following schedule unless such period is extended by the Zoning Board of Appeals for good cause shown by the applicant:
    Type of Permit
    Length of Active Permit
    Residence
    2 years
    Commercial
    2 years
    Addition, alteration
    1 year
    Pool, deck, shed, porch
    1 year
    Mobile home
    6 months
    Wood stove, fireplace
    6 months
    Sign
    6 months
    Garage, barn, carport
    1 year
    Others
    2 years
    C. 
    Certificate of occupancy. A certificate of occupancy shall be issued within 10 days after any building erected, added to, altered or relocated or any proposed change in use of any building or land shall have been approved as complying with the provisions of this chapter. Any new certificate of occupancy voids any certificate of a prior date for the same premises.
    D. 
    Conditional certificate of occupancy. After review and under such rules and regulations as may be established by the Board of Appeals and filed with the Town Clerk, a conditional certificate of occupancy for not more than one year may be issued by the Code Enforcement Officer. The Board of Appeals shall have the right to revoke any conditional certificate at its own discretion. Such a certificate shall be required for:
    (1) 
    Unfinished structures, including cellars.
    (2) 
    Land for the purpose of temporary amusements, provided that such use shall not be detrimental to the community welfare.
    (3) 
    Mobile homes not associated with mobile home parks; the Board of Appeals may, after public notice and hearing, authorize the Code Enforcement Officer to issue a renewal of said conditional certificate of occupancy for a period of not more than one additional year.
    E. 
    Special inspections by the Code Enforcement Officer. The Code Enforcement Officer shall undertake any inspections which shall be required by any local or state law, regulations or ordinance to be done by the Code Enforcement Officer, including but not limited to inspections of schools, small outbuildings, decks, garages, septic systems, fireplaces and wood stoves.