General procedures. All persons desiring to undertake any new construction, structural alteration (including demolition) or changes in the use of a building or lot shall apply to the Building Inspector for a building permit and/or certificate of use by filling out the appropriate application form and by submitting the required fee. (In the case of special uses, the application shall be forwarded to the Planning Board in accord with § 220-48B of this chapter.) The Building Inspector shall either issue or deny the permit. If the permit is denied, the Building Inspector shall specify those sections of this chapter to which the permit application does not comply. After a permit has been approved by the Building Inspector, the applicant may proceed to undertake the action permitted in the permit and, upon completion of such action, shall apply to the Building Inspector for issuance of a certificate of use. If the Building Inspector finds that the action of the applicant has been taken in accordance with the permit, he shall issue a certificate of use allowing the premises to be occupied for the permitted use.

Required permits. A zoning permit and/or certificate of use shall be required prior to the erection, addition, demolition, replacement or alteration of any building or portion thereof; prior to the use or change of use of a building or land; and prior to the change or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use until a permit has been duly issued therefor. The following classes of permits may be issued:

Activities not requiring permits. Certain uses or activities shall not require permits although such uses or activities shall meet any applicable standards of this chapter; provided, however, that this section shall in no event supersede the requirements of the New York State Uniform Fire Prevention and Building Code. These uses and activities include the following:

Application for permits. All applications for permits shall be accompanied by the information required in this § 220-64D. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.

Fees.

Action on permit applications. It shall be the duty of the Building Inspector to issue a zoning permit, provided that he is satisfied that the structure, building, any signs, parking area of the premises, and the proposed use thereof conform with all the requirements of this chapter and that all other reviews and actions, if any are called for in this chapter, have been complied with and all necessary approvals secured thereof. The following procedures shall be observed:

Approvals by Planning Board, Town Board or Zoning Board. In any instance when an approval is granted by the Planning Board, Town Board or Zoning Board of Appeals, the acting board may require its approval be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon determination by the Building Inspector to the effect that such conditions as may have been prescribed by the respective board in conjunction with the issuance of the original approval have not been or are being no longer complied with. In such cases a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.

Certificate of use. A certificate of use shall be a statement issued by the Building Inspector setting forth either that a building, structure or parcel of land complies with the provisions of this chapter or that a building or structure lawfully may be employed for specified uses under the provisions of this chapter, or both. The certificate of use under this chapter is separate from any permit or certificate issued pursuant to the New York State Uniform Fire Prevention and Building Code.

Violations. It shall be unlawful to erect, construct, reconstruct, alter or maintain or use any building or structure or to use any land in violation of any provisions of this chapter. Failure, refusal or neglect in complying with the provisions of this chapter; failure, refusal or neglect to secure a permit or certificate of use, when required, prior to the erection, construction, extension or addition to a building or structure shall be a violation of this chapter.

Notice of violation and termination. When written notice of a violation of any of the provisions of this chapter has been served by the Building Inspector or his designee on the owner, occupant, contractor or any other person using or occupying said property, continued violation of this chapter shall be terminated immediately.

Enforcement. A violation of this chapter is hereby declared to be an offense punishable by a fine not to exceed $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which are 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 for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Remedies. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used or any land is divided into lots, blocks or sites in violation of this chapter or other regulation made under authority conferred thereby, the Town Board and/or Building Inspector, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or division of land; to restrain, correct or abate such violation; to prevent any illegal act, conduct, business or use in or about such premises; and upon the failure or refusal of Town officials to institute any such appropriate action or proceedings for a period of 10 days after written request by a resident taxpayer of the Town of Delaware so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists who are jointly or separately aggrieved by such violation may institute such appropriate action or proceeding in like manner as such Town officials are authorized to do so.