Certificate of occupancy. Certificates of occupancy shall be issued by the Building Official. On serving of notice to the owner of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this chapter, the certificate of occupancy for such use shall be deemed to be in violation of this chapter and subject to the penalties hereinafter prescribed. A new certificate of occupancy shall be required for any further use of such land or building. No certificate of occupancy shall be granted, however, for dwelling space in which the majority of square footage of habitable space is subject to flooding in the floodplain, as that area is defined in § 225-22A(1).

Records. It shall be the duty of the Building Official to keep a record of all applications for building permits, a record of all permits issued and a record of all certificates of occupancy, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the officials of the Town of Elsmere. The Building Official shall prepare a monthly report for the Town Council, Building Committee and Planning Commission summarizing for the period since his last report all building permits issued and certificates a countersigned by him. A copy of each such report shall be filed with the Tax Assessor at the time it is filed with the Town Council, Building Committee and Planning Commission.

The Board of Adjustment shall consist of five persons who shall be residents of the Town of Elsmere and who shall have knowledge of the problems of urban and rural development and who, at the time of their appointment and throughout the term of their office, shall not be candidates nor members for elective office in the Town of Elsmere, nor employees of the Town of Elsmere. The Mayor of Elsmere shall appoint such members of the Board of Adjustment, and all such appointments shall be confirmed by a majority vote of the elected members of the Council. Upon the effective date of this chapter, the Mayor shall reappoint the existing three members as follows, one for three years, one for two years and one for one year. He shall appoint two new members as follows, one for two years and one for one year. Thereafter, each new member shall serve for three years or until his successor has been appointed.

The Board of Adjustment shall have the following powers:

Meetings.

Appeals. Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality affected by any decision of the Building Official and Building Committee. Such appeals shall be taken within a reasonable time as provided by the rules of the Board by filing with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer or committee from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Any exception or variation from this chapter granted by the Board of Adjustment to an application shall expire by limitation if no construction, alteration or conversion has been commenced within one year from the date of granting such variation or exception, if no building permit is issued.

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department, board or bureau of the Town may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board.

No person shall erect, construct, reconstruct, alter, convert, maintain or use any building or structure or use any land in violation of this chapter or any change thereof or shall refuse or fail to comply with an order of the Building Official or an order of the Board of Adjustment.

Whoever commits, takes part in, aids or assists in violating any provision of this chapter or an order of the Building Official or an order of the Board of Adjustment shall be fined not more than $100 or imprisoned not more than 30 days, or both.

Each and every day during which such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense.

In addition to the remedies set forth herein, the Building Official or the Board of Adjustment or other officials of Town of Elsmere so authorized may institute any appropriate action or proceeding to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

The Town Council may from time to time amend, change, modify or repeal any regulations, limitations and restrictions of this chapter, including the Zoning Map. No such amendment, change, modification or repeal shall be adopted until after a public hearing is held thereon by the Town Council at which parties in interest and citizens shall have an opportunity to be heard. In addition to the notice required by law, notices of such hearing shall be mailed to every civic association or association of residents in the Town which shall have registered its name and address for this purpose with the Town Clerk. Failure to give such notices by mail shall not, however, invalidate any such amendment, change, modification or repeal. No amendment or change shall become effective unless the ordinance proposing such amendment or change shall first have been submitted to the Planning Commission for approval or disapproval or suggestions, and the Planning Commission shall have 30 days after the formal submission of the proposed amendment or change for consideration and report. In the case of an unfavorable report by the Planning Commission, such amendment or change shall not become effective except by a favorable vote of 3/4 of the Town Council.

The Town Council may, from time to time upon the recommendation of the Planning Commission after public notice and hearing, amend, supplement or change the regulations and districts herein established and adopt rules and regulations for the purpose of interpreting and carrying this chapter into effect. When owners of more than 50% of the frontage within a district or part of a district comprising not less than one block shall present to the Town Council a duly signed petition for the change, relocation or revision of said district or part of district, the Town Council shall act upon said petition within 30 days after the filing of said petition with the Town Clerk. Said petition shall be accompanied by a map showing the area for which the change of district is asked and all immediately abutting property and uses thereof, and, further, shall be accompanied by a statement setting forth the grounds or reasons for the proposed change. All such proposed changes of ordinance or relocation of districts shall be referred by the Town Council to the Planning Commission. In the event of unfavorable report from the Planning Commission or in case of protests against such proposed change, signed by owners of 20% or more either of the area of the lots or land included in such proposed change or of the lots or land in the rear thereof extending 100 feet therefrom or of the lots of land on either side thereof or directly opposite thereto extending 100 feet therefrom (exclusive of street space), such change shall not become effective except by the favorable vote of 3/4 of all the members of the Town Council.

A petition for change, relocation or revision of a district or part of a district shall be accompanied by a filing fee in the amount of $500 payable to the Town of Elsmere.