In interpreting and applying the provisions of this chapter, provisions of this chapter shall be held to be the minimum requirement adopted for the promotion of health, safety, morals, comfort, convenience and/or the general welfare of the residents of the Town of Ballston.

This chapter shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law, ordinance, rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of building or premises, provided that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings or requires larger lots or yards than are imposed or required by such existing provisions or regulations, the provisions of this chapter shall control.

Except for a development designed as a conservation subdivision, the lot or yard areas required by this chapter for a particular building shall not be diminished and shall not be included as a part of the required lot or yard areas of any other building. Except for lots within a conservation subdivision, if the lot or yard areas required by this chapter for a particular building are diminished, the continued existence of such building shall be deemed to be a violation of this chapter. The lot or yard areas of buildings existing at the time of passage of this chapter shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required areas shall not be included as part of the required areas of any building hereafter erected.

Building Inspector. This chapter shall be enforced by the Building Inspector and by such other officers, agents and employees of the Town of Ballston as the Town Board may from time to time designate. Included in the duties of the Building Inspector shall be the responsibility to enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code and other laws, ordinances, rules and regulations applicable to plans, specifications or permits for the construction, alteration and repair of buildings and structures.

Building permit. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any commercial building or structure, except a nonresidential farm building, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes, nor install heating equipment, nor shall any excavation be made or footing or foundation be constructed without having applied and obtained a permit from the Building Inspector. However, no permit shall be required for the performance of necessary repairs which are not of a structural nature and which are done in conformance with the Uniform Code identified in Chapter 62 of the Town of Ballston Town Code. A nonresidential farm building only includes buildings and property which meet the requirements for an agriculture assessment and the eligibility requirements as defined in the Assessor's Manual Section 305. Site plan review is required whenever a use requires site plan review as described in Article XXXII of this chapter. The Building Inspector shall not issue a building permit until site plan review has been completed by the Town Planning Board. The Building Inspector shall refer all applications for a building permit to the Planning Board for site plan review if it appears to the Building Inspector that the proposed construction, alteration or repair meets the criteria for site plan review. Site plan review under Article XXXII of this chapter shall be required before the issuance of a building permit for any building proposed to be placed on any new or existing commercial site.

No land shall be used or occupied, and no building or structure thereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Building Inspector.

The Building Inspector shall be authorized to make periodic inspections during construction or alteration of buildings or structures in order to determine compliance with the New York State Uniform Fire Prevention and Building Code and other laws, ordinances and/or rules or regulations applicable to the construction of buildings or structures requiring a certificate of occupancy.

Within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Inspector to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform to the provisions of this chapter and other applicable local laws and ordinances.

If the Building Inspector, after such final inspection, refuses to issue a certificate of occupancy, he or she shall state such refusal, in writing, with the cause, and immediately mail notice of such refusal to the applicant at the address indicated on the application.

Records. Whenever a building permit, certificate of occupancy or other special permit is issued by the Town of Ballston, it shall be the responsibility of the office of the Building Inspector to see that proper records are kept reflecting the issuance of said permits and/or certificates.

Temporary use of a building as a dwelling while a permanent dwelling is under construction or alteration on the same lot; or

The use of an uncompleted dwelling under construction. A building shall be considered under construction and uncompleted until there is a complete story other than a basement.

Unless otherwise stated in specific articles of this chapter, a violation of this chapter is an offense punishable as provided in § 268 of the Town Law. Each week's continued violation shall constitute a separate additional violation. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of any provision of this chapter, the Town of Ballston acting by and through its proper officers, agents or employees may institute any appropriate action as provided in § 268 of the Town Law. Any person who violates any provision of this chapter shall also be subject to a civil penalty enforceable and collectible by the Town of Ballston in the amount of $100 for each such violation, said penalty to be recovered by the Town of Ballston in a civil action. In addition to the foregoing, the Building Inspector may maintain an action of injunction to restrain any violation of this chapter as provided by Subdivision 2 of § 268 of the Town Law.

Notification of violation. Written notice of violation signed by the Building Inspector shall be served upon the person or persons committing such violation either personally or by mail addressed to such person or persons at his or her last known address.

Complaints of violation. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and immediately investigate and report thereon. All such complaints shall be signed by and bear the address of the complainant.