This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 3 of the Code of the Town of Carmel or the laws of the State of New York.

The Building Inspector shall examine all applications for permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and for all nonconforming uses and buildings existing at the time of passage of this chapter.

The Building Inspector shall maintain files of all applications for building permits and plans submitted therewith, as well as for certificates of occupancy.

The Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint.

The Building Inspector shall submit a written report to the Town Board at intervals of not greater than three months, summarizing, for the period since the last previous report, all building permits and certificates of occupancy issued, all complaints of violations and the action taken by that office consequent thereon.

No building or structure in any district shall be erected, enlarged or structurally altered nor any use thereof changed nor any use commenced on a vacant parcel of land without a building permit duly issued by the Building Inspector. No building permit shall be issued by the Building Inspector for any building or structure unless in conformity with the provisions of this chapter, except upon the receipt of a written authorization from the Board of Appeals as provided in this chapter.

All applications for building permits and supporting documentation shall be made in duplicate and accompanied by plans in duplicate, drawn to scale, showing the following:

On the issuance of a building permit, the Building Inspector shall return one copy of all documents filed to the applicant.

Any person may file a complaint if there is any reason to believe a violation of this chapter exists. All such complaints shall be filed with the Building Inspector, who shall record such complaint and immediately investigate it. Upon becoming aware of any violation of any provisions of this chapter, the Building Inspector shall serve notice of such violation on the person committing or permitting the same. If such violation has not ceased within a reasonable period of time, as specified in such notice and/or a new certificate of occupancy obtained as provided in this chapter, he shall institute such action as may be necessary to terminate the violation.

In the event that any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Town board or, with its approval, the Building Inspector or other proper official, in addition to other remedies, may institute any appropriate legal action or proceedings to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use about such premises. The Building Inspector shall serve notice by registered mail, addressed to the premises of such violation, on the person or corporation committing or permitting the same. If such violation does not cease within such time as the Building Inspector may specify, he shall institute such of the foregoing action as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.

Any owner, lessee, tenant, occupant, architect or builder, or agent of any of them or any other person who violates or is accessory to the violation of any provisions of this chapter or who fails to comply with any of the requirements thereof or who erects, constructs, alters, enlarges, converts, moves or maintains any building or any land in violation of any detailed statement or plans submitted and approved under the provisions of this chapter shall be guilty of an offense, punishable for each offense by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each weeks' continued violation shall constitute a separate additional violation.

Any building erected, constructed, altered, converted, enlarged, moved or used contrary to any of the provisions of this chapter and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful. The Building Inspector may institute an action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter. The Building Inspector shall serve notice by certified mail, addressed to the premises of such violation, on the person or corporation committing or permitting the same. If such violation does not cease within such time as the Building Inspector may specify, he shall institute such of the foregoing action as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.

The remedies provided for herein are cumulative and not exclusive, and shall be in addition to any other remedies provided by law.

The Town Board may, from time to time, after public notice and hearing, amend, supplement or change the regulations and districts herein established. Proceedings for an amendment may be initiated as follows:

Referral for recommendation.

In case of a protest against a proposed amendment, supplement or change in this chapter signed by the owners of 20% or more, either of the area of the land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board.

Petitions to amend, supplement or change the regulations and districts herein established shall be accompanied by a filing fee, which fee shall be established annually by the Town Board and shall be on file in the office of the Town Clerk.

Every applicant that submits an application to an approval authority as empowered under Articles VI, VII and VIII hereunder to approve or deny said application must post one or more notification signs on the property which is the subject of said application within three days of acceptance of the application by the approval authority and must maintain the posted sign(s) placed until the approval authority has rendered its final decision approving or denying said application. The sign(s) shall be erected not more than 10 feet from each boundary of the property that abuts a public road and must be conspicuous to the public. The bottom edge of each sign so erected shall be positioned no less than 2.5 feet and no more than three feet above the ground. In the event that the subject property abuts more than one road, additional signs will be posted facing each road on which the property abuts. If the sign's visibility is obscured by vegetation, the applicant must cut the vegetation to a degree sufficient to maintain clear visibility of the sign from the road. If the property does not abut a public road, one or more signs shall be posted in locations that can readily be seen by the public. Any sign erected under this provision must be removed within 10 days after the approval authority has rendered its final decision approving or denying said application.

In the event that an application shall be withdrawn or become inactive, the applicant shall remove the sign(s) within five business days of withdrawing the application or of receiving notice from the approval authority that the application has been designated inactive. For the purposes of this section, any application which has not appeared on the approval authority's agenda for six or more months shall be designated inactive. The approval authority shall notify the applicant in writing that the application has become inactive and instruct the applicant to remove the sign(s) until such time as the application shall be reactivated. Once the application is reactivated, the sign(s) shall be posted within three days.

The Town of Carmel will supply the sign(s) and the initial cost will be included in the application fee. The applicant will be responsible for maintaining said sign(s) in good condition so as to be visible to and readable by the public. The applicant shall be responsible for replacing any sign(s) that are damaged, destroyed, lost or stolen during the pendency of the application. A replacement fee will be charged for each sign that needs to be replaced. The amount of said replacement fee shall be determined from time to time by the Town Building Inspector.

Prior to the commencement of any public hearings or, if no public hearings are required, prior to the rendering of any decision disposing of any application, the applicant shall submit a sworn certification on a form provided by the Town, together with legible photographic evidence, to verify the placement and maintenance of the required notice signs. If the certification is not timely submitted, any scheduled public hearings shall be canceled, subject to rescheduling, and any dispositive action by the approval authority shall be deferred until timely certification is submitted. In the event of repeated or continued noncompliance with these sign posting and certification requirements, the application may be dismissed at the discretion of the approval authority.