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Big Flats City Zoning Code

CHAPTER 17

64 - ADMINISTRATION AND ENFORCEMENT

17.64.010 - Enforcement.

This title shall be enforced by the code enforcement officer, who shall be appointed by the town board. No building permit shall be issued except where all the provisions of this title have been complied with. The code enforcement officer shall keep the planning board and town board advised of all matters pertaining to the enforcement of this title other than routine duties and shall submit a monthly report to the town board enumerating the applications received, inspections made, permits issued or refused and other actions taken.

Whenever a violation of this title occurs, any person having knowledge thereof may lay any information in regard thereto before a proper magistrate as provided by law, and the procedures thereafter shall be as set forth in the Code of Criminal Procedure.

(LL No. 1, 2021, § 1)

17.64.020 - Zoning permits.

No structures or land shall be used, no building or structure shall be erected, added to or structurally altered until a permit therefore as specified in this section has been issued by the code enforcement officer. Except on written order of the code enforcement officer, no such zoning permit shall be issued for any building where the construction, addition or alteration or use thereof would be in violation of any of the provisions of this title or any other applicable town laws.

A.

Application. There shall be submitted, with each application for a zoning permit, a fee as established by town board and two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of any existing and/or proposed building and accessory structures to be erected and such other information as may be necessary to determine and provide for the enforcement of this title.

B.

Process.

1.

One copy of such layout or plot plan shall be returned when approved by the code enforcement officer, together with such permit to the applicant.

2.

Upon approval of the application, the code enforcement officer, shall issue a building permit to the applicant upon the form prescribed by him and shall affix his or her signature or cause his or her signature to be affixed thereto.

3.

Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the town files and the other set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the code enforcement officer.

4.

If the application together with plan, specifications and other documents filed therewith, describe proposed work which does not conform to all of the applicable requirements of this title, the code enforcement officer shall not issue the same and shall return the plans and specifications to the applicant with a written explanation outlining the reasons, therefore.

(LL No. 1, 2021, § 1)

17.64.030 - Notice of compliance.

No building or structure hereafter erected, structurally altered, or extended shall be used, or changed in use until a notice of compliance or occupancy shall have been issued by the code enforcement officer in accordance with this title.

All notices of compliance or occupancy for new or altered structures shall be applied for coincident with the application for a building permit, therefore. Such certificate of compliance shall be issued within thirty (30) days after the erection or alteration shall have been approved as complying with the provisions of this title.

(LL No. 1, 2021, § 1)

17.64.040 - Violation.

A.

Penalty. Any person, firm, company or corporation owning, controlling or managing a use, building, structure, or lot on which there has been placed, or there exists anything in violation of any of the provisions of this title; and any person, firm, company or corporation who shall assist in the commission of any violation of this title or any conditions imposed by the planning board; or who shall build, contrary to the plans or specifications submitted to the planning board and certified as complying with this title shall be guilty of an offense and subject to a fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00). Every such person, firm, company, or corporation shall be deemed guilty of a separate offense for each day such a violation, omission, neglect, or refusal shall continue.

B.

Alternative Penalty. In case of any violation or threatened violation of any of the provisions of this title, or conditions imposed by the town board or planning board, in addition to other remedies provided in this chapter, the town board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or lot, or to prevent an illegal act, conduct, business or use in or about such lot.

(LL No. 1, 2021, § 1)

17.64.050 - Fee schedule.

A.

Fee Schedule Established. A schedule of fees for all permits and applications as required in this title shall be set by town board.

B.

Fee Remittance.

1.

An application for a permit or other action for which a fee has been established in accordance with subsection A of this section shall be accompanied with such appropriate fee in order for such application to be deemed complete.

2.

No action such as to grant permission, comment on, approve or disapprove an application pursuant to this title shall be taken without receipt by the town of the appropriate fee.

(LL No. 1, 2021, § 1)