Crawford City Zoning Code
ARTICLE VIII
Building Permits; Enforcement
§ 137-34 Building Inspector.
It shall be the duty of the Building Inspector appointed by the Town to administer and enforce the provisions of this chapter.
§ 137-35 Building permits.
A.
No building in any district shall be erected, reconstructed or restored or structurally altered without a building permit duly issued upon application to the Building Inspector and payment of the required fee. No building permit shall be issued unless the proposed construction and/or use is in full conformity with all the provisions of this chapter. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceedings or revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful. All procedures with respect to applications for, issuance of and enforcement of building permits shall be in conformity with the provisions of this chapter and with the provisions of Chapter 87, Fire Prevention and Building Code Administration.
B.
No building permit is required:
(1)
When the cost of the improvements does not exceed a value of $1,000 as determined by the Building Inspector pursuant to a valuation approach which is based on the square footage involved in the improvements.
C.
Building permit fees shall be prescribed in the schedule of fees adopted by resolution of the Town Board. There shall be no building permit fee for nonresidential farm buildings, including barns, sheds, poultry houses and other buildings used in connection with agricultural operations.
[Amended 8-14-1986 by L.L. No. 5-1986; 11-9-1989 by L.L. No. 3-1989]
D.
Application for a building permit shall be made on a form provided by the Building Inspector. An application will not be deemed complete unless it includes all applicable fees and six copies of a site plan as described in Article VI, except that in the case of one- or two-family dwellings and their accessory structures, only three copies of a site plan are necessary. One copy of the site plan shall be returned to the applicant when the building permit is issued.
E.
No building permit shall be issued unless the plans and intended use indicate that the building or structure is designed and intended to conform in all respects to the provisions of this chapter.
F.
No building permit shall be issued in a case involving a special permit use except pursuant to a resolution of the Planning Board.
G.
No building permit shall be issued in a case requiring site plan approval by the Planning Board except pursuant to a resolution of the Planning Board.
H.
No building permit shall be issued in a case involving a variance except pursuant to a resolution of the Zoning Board of Appeals.
I.
A building permit shall expire one year from the date of issuance, unless the applicant has commenced and diligently prosecuted construction within that initial one-year period. In that event, a single one-year extension of the building permit will be granted if the extension is requested and the permit extension fee is paid prior to expiration of the building permit. In all other circumstances, the building permit shall expire one year after date of issuance, and an applicant must apply for a new building permit and comply with all applicable requirements, including the provisions of Subsection C and all other applicable provisions of this chapter and other laws and regulations. No certificate of occupancy will be granted if the building permit has expired.
[Amended 8-14-2008 by L.L. No. 2-2008]
J.
Nothing herein shall be construed to prevent major structural alterations or demolition necessary in cases of emergency to protect the public safety.
K.
The Building Inspector shall maintain a record of all permits, and copies shall be furnished upon request to any interested person.
§ 137-36 Certificates of occupancy.
A.
Where a building permit is required, no building hereafter erected or relocated and no addition to or structural alteration of any building shall be used or occupied for any purpose until the Building Inspector shall have issued a certificate of occupancy stating that the building and proposed use thereof comply with the provisions of this chapter and other pertinent laws and regulations.
B.
A certificate of occupancy is required for each new or changed use of any building or land. No such new or changed use of any building or land shall be undertaken, and no such buildings or land shall be occupied for such new or changed use, until a certificate of occupancy shall have been issued stating that the building or land and proposed new use or change in use thereof complies with the provisions of this chapter. This provision shall not be applicable to any change to any agricultural use permitted under the provisions of this chapter.
C.
No certificate of occupancy shall be issued unless the building or structure and/or proposed use comply with the provisions of this chapter, except in cases involving a variance granted by the Zoning Board of Appeals.
D.
No certificate of occupancy shall be issued until the sewage disposal and water supply systems have been installed, and the Building Inspector has approved them.
E.
All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within four days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
F.
Where site plan approval is required, no certificate of occupancy will be issued for any building, structure or use of land unless the provisions of the site plan have been complied with.
G.
The Building Inspector shall maintain a record of all certificates, and copies shall be furnished upon request to any interested person.
H.
No certificate of occupancy shall be issued until the Building Inspector has received payment of the fee as prescribed in the schedule of fees adopted by resolution of the Town Board.
[Added 8-14-1986 by L.L. No. 5-1986]
§ 137-37 Penalties for offenses.
A.
The service of orders for the correction of violations of this chapter shall be made upon either the owner or occupant or other person who is responsible for the conditions, either by delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by sending a copy by registered mail to the owner's, occupant's or other person's last known post office address.
B.
Such notice shall require the removal of the violation within five days after service of the notice.
C.
In cases where the removal of the violation within five days would be manifestly impossible, the Building Inspector shall apply to the Town Board for a determination as to a reasonable period of time within which the violation shall be removed.
D.
If those persons notified shall fail to remove such violation within the allotted time period, the Building Inspector shall charge them with such violation of this chapter before the appropriate court of law.
E.
Any person violating any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $500 or by imprisonment for not more than 15 days, or both. Each week the violation continues, in whole or in part, shall constitute a separate violation.
F.
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or lot or to prevent any illegal act, conduct, business or use in or about such premises.
G.
In addition to and not in lieu of the above, any person, whether through himself, contractor or agent, who violates any provision of this chapter, builds or alters any structure or use of land in violation of this chapter, violates any permit, certificate or plan approved pursuant to this chapter, or who assists in any violation shall be liable to the Town for a civil penalty in an amount not to exceed $500 for a first violation; in an amount not less than $500 nor more than $750 for a second violation committed within a period of five years of the first violation; and in an amount not less than $750 nor more than $1,000 for a third and each subsequent violation committed within a period of five years of the first violation. Each week's continued violation shall constitute a separate additional violation. Payment of civil penalties may be ordered in any action or proceeding by any court of competent jurisdiction, including but not limited to, state and federal courts. All penalties shall be paid to the Town. The judgement amount of any civil penalty ordered pursuant to this section, if not paid, may be assessed and levied against the real property which is the subject of the penalty and collected in the same manner as a real property tax.
[Added 7-10-2003 by L.L. No. 6-2003]
§ 137-37.0.1 Entity disclosure.
[Added 1-19-2017 by L.L. No. 1-2017]
A.
Legislative findings and intent. The Town Board finds and determines that in order to promote the public welfare and provide for open and transparent government processes, full and fair disclosure of all persons comprising or controlling an entity making a land use application or undertaking development of land or a structure must be required. Therefore, this section requires a nonperson entity making a land use application or undertaking development of land or a structure to disclose the names and contact information of the persons who own, comprise or control the entity. Such disclosure will inform the public concerning the names of the individuals behind the land use application or development, will facilitate application review by the reviewing boards, and will better disclose actual or potential conflicts of interest. The requirements of this section shall apply to all pending and future land applications.
B. APPLICANT AUTHORIZED PERSON DEVELOPMENT ENTITY LAND USE APPLICATION
Definitions.
The legal, beneficial and equitable owner(s) of land proposed for development in a land use application, including but not limited to the holder of an option or contract to purchase, or a person or entity having a proprietary interest in such land, or a person or entity authorized to make and process a land use application.
Any person who is authorized to act or does act alone or in conjunction with others, on behalf of an entity or who has authority to direct, control or influence the entity in any manner.
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure; mining or excavation; any change in, or extension of, the use of any land, building or structure.
A limited liability company, limited liability partnership, general or limited partnership, joint venture, doing business name or venture, corporation, association, or any other nonperson.
An application form and other documents submitted by an applicant for review and approval of a building permit, subdivision plat, site plan, special use permit, conditional use permit, variance, zoning amendment, certificate of occupancy, or any other permit, approval or certificate required necessary or requested for development of land or a structure.
C.
Requirement for disclosure.
(1)
A land use application that lists an entity as owner, applicant or other person of interest shall include, as part of the application, and as a prerequisite to the land use application being deemed complete or heard or considered, a completed entity disclosure statement, affirmed and sworn to under the penalty of perjury, in a form approved by the Town Board. The form of the disclosure statement may be amended from time to time by resolution of the Town Board.
(2)
If a property for which a land use application is pending is sold or transferred and/or the ownership or control of an entity is changed, an updated entity disclosure statement shall be submitted. The reviewing board, officer or employee shall suspend review of the land use application until the entity submits the updated entity disclosure statement. There shall be no development of any land, building or structure until a current and complete entity disclosure statement is submitted. If site work or construction of a building or structure has commenced, the Building Inspector is authorized to issue a stop-work order which shall remain in effect until the updated entity disclosure statement is submitted.
(3)
The Town Board, Planning Board, Zoning Board of Appeals, Building Department, or any municipal board, officer or employee shall not process, hear, rehear, approve, or sign any land use application, plans, permit or certificate unless and until a current and complete entity disclosure statement is submitted.
D.
Information required in the entity disclosure statement. The following information shall be required to be disclosed in the entity disclosure statement:
(1)
If the applicant is an entity, the name, address and contact information for each owner, member, shareholder, officer, director, beneficial owner, general partner, limited partner and authorized person of the entity shall be disclosed. If any owner, member, shareholder, beneficial owner, general partner or limited partner is itself an entity, then the name, address and contact information of any member, shareholder, director, officer, beneficial owner, general partner or limited partner or authorized person of that entity shall be disclosed.
(2)
Each named person shall identify all Town officers or employees for which disclosure of a relationship would be required pursuant to state General Municipal Law § 809.
(3)
Other information reasonably required by resolution of the Town Board which implements or promotes the purpose and intent of this section.
E.
Persons exempt from the disclosure requirements of this section.
(1)
A person who is not an officer, director or authorized person of a publicly traded corporation and who holds less than 5% of the shares or ownership interest in such corporation.
G.
Penalties for offenses.
(1)
If an entity, its representative(s) or other person fails to submit, update or keep current a complete and correct disclosure statement required by this section, or otherwise violates a requirement of this section, such entity, its representative(s) or other person shall be subject to a civil penalty, not to exceed $5,000, assessed by a court of competent jurisdiction.
(2)
Nothing herein shall preclude institution of a criminal or civil proceeding against the entity or any of its representatives or other person where conduct may constitute a violation of law.
(3)
In addition to the penalties prescribed in this section and in state law, any entity or person who violates any provision of this section shall be liable for all reasonable attorneys' fees, consultant and expert fees, costs and disbursements incurred by the Town in any legal proceeding to enforce the requirements of this section and/or to recover a civil penalty.