Fabius Town City Zoning Code
ARTICLE X
Administration; Enforcement
§ 150-37 Administration.
A.
Enforcement. This chapter shall be enforced by the Building and Zoning Officer of the Town of Fabius to be appointed by the Town Board.
B.
General duties. It shall be the duty of the Building and Zoning Officer to:
(1)
Make a record of nonconforming uses and buildings existing at the time of adoption of this chapter.
(2)
Approve or disapprove applications for a building permit made pursuant to the provisions of this chapter.
(3)
Issue a certificate of occupancy, or notice of rejection thereof, in accordance with the provisions of § 150-37D of this chapter.
(4)
Serve written notice of the violation of any provisions of this chapter upon the person or entity committing or permitting such violation. If such violation has not ceased within such reasonable time as the building and Zoning Officer may specify in the notice, action, as may be necessary to terminate or correct the violation, shall be taken by the Building and Zoning Officer.
(5)
Keep the Board of Appeals advised on duties pertaining to the enforcement of this chapter.
(6)
Keep necessary and appropriate records, including building permits and certificates of occupancy, and file them in the office of the Town Clerk.
(7)
Submit monthly reports to the Town Board enumerating the applications for building permits and certificates of occupancy received, and inspections made, and stating the actions taken.
C.
Building permits.
(1)
No building or structure shall be erected, altered, enlarged, remodeled or extended except after approval, in writing, by the Building and Zoning Officer of an application filed with the Town Clerk's office as herein provided.
(2)
Unless waived by the Building and Zoning Officer, the required application shall include a map or survey appropriate for filing with the County Clerk, and prepared by a licensed engineer or surveyor, showing the dimension and detail of the boundary lines of the lot of occupancy, the location of all existing buildings, the location of the building to be constructed or altered and the dimensions, as appropriate, from the proposed building to the front, side and rear property lines.
(3)
The Building and Zoning Officer shall determine whether the required application for a building permit is complete and when additional information is necessary to assure compliance with this chapter. Each application shall be endorsed and signed by the Officer. If disapproved, the reasons therefor shall be stated on the application.
(4)
Unless extended by the Building and Zoning Officer, any approved building permit shall become null and void if not acted upon within one year from the date of approval.
D.
Certificate of occupancy.
(1)
Upon completion of any new construction or alteration for which a building permit has been issued, and prior to occupancy of any new or altered building or structure, the Building and Zoning Officer shall inspect the premises for compliance with this chapter and other applicable laws and regulations. If, in the best judgment of the Officer, the construction meets all applicable regulations, specifications and conditions, a certificate of occupancy shall be issued and the building occupied.
(2)
If any building or structure for which a building permit has been issued is in violation of the provisions of this chapter, the law shall be enforced as stated in § 150-38 herein.
(3)
Upon request, the Building and Zoning Officer may issue a temporary certificate of occupancy allowing occupancy of a building or structure, or parts thereof, before the entire work covered by the building permit has been completed, provided such portion(s) as have been completed may be occupied safely without endangering public life or welfare.
E.
Fees. The amount of any fees to be charged for applications, interpretations, special permits, variances, certificates of occupancy, inspections and other services and acts required by, or arising from, application of this chapter shall be fixed from time to time by resolution of the Town Board.
§ 150-38 Penalties for offenses.
[Amended 4-11-2018 by L.L. No. 1-2018]
A.
The owner or general agent of a building or premises where a violation of any provisions of this chapter has been committed or shall exist, or the lessee or tenants over the entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assist in any such violation or who maintains any building or premises or any part thereof in which any violation shall exist, shall be guilty of a violation punishable by a fine not exceeding $350 for conviction of a first offense; for conviction of a second offense, both of which were committed within the period of five years, punishable by fine not less than $350 nor more than $700; and upon a conviction of 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 $800.
B.
Each week's continued violation after notice thereof has been given as herein provided shall constitute a separate violation. Such notice shall be in writing, signed by the Zoning Officer, and shall be served upon the person or persons committing such violation either personally or by registered mail or certified mail or regular mail with an affidavit of mailing, to such person or persons at his work or last known address.
C.
In addition, the Town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.