3.1.1.

Administration. The provisions of this ordinance shall be administered by the town council, its agents or duly appointed boards, if any. The council shall have the authority to appoint, employ or contract with such personnel as needed to carry out the provisions of this ordinance.

3.1.2.

Administrator. The building official shall act as an officer to effect proper administration of this ordinance. In the event a specific administrator is desired or needed other than the prementioned official, then the town council is empowered to establish a term of employment, rate of compensation and other conditions of employment for an administrator.

3.1.3.

Duties of administrator.

The administrator shall have the power to grant zoning compliance and occupancy permits, [and] to make inspections of buildings or premises necessary to carry out the duties of enforcement of this ordinance. It shall be unlawful for the administrator to approve plans or issue any permits or certificate of occupancy for any excavation, construction or land use until the plans have been inspected in detail and found to be in compliance with this ordinance.

All nonconforming uses existing at the time of the effective date of this ordinance shall be recorded in town records. Uses shall be submitted or recorded within 30 days to be eligible for grandfathering privileges.

The administrator shall not refuse to issue a permit when all conditions of this ordinance are complied with by the applicant despite what may seem to be violations of private covenants or restrictions.

3.1.4.

Permits. The following shall apply in the issuance of permits:

(1)

Permits not to be issued. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or vacant land, which is not in accordance with all provisions of this ordinance.

(2)

Application requirements. There shall be submitted with all applications for permits three copies of a site layout or plot plan, drawn to scale and showing the following:

(a)

The location, shape, area, and dimension of the lot.

(b)

The legal description.

(c)

Scale, north arrow, date and name of person(s) preparing drawing.

(d)

Location, dimensions, height, and bulk of the existing and/or proposed structures to be erected, altered, or moved on the lot.

(e)

The existing and/or proposed uses.

(f)

The yard, open space, proposed landscaped areas, proposed walls or fences, and parking areas showing proposed parking spaces.

(g)

Existing zoning and/or proposed zoning.

(3)

Reserved.

(4)

Reserved.

(5)

All applications shall be accompanied with evidence of ownership of all property affected. Applicant shall state whether they are fee owner, purchaser, option holder or agent.

3.1.5.

Certificate of occupancy. No land shall be occupied or used, and no building shall be erected, altered, used, or changed in use until a certificate of occupancy has been issued. It shall state that the building or proposed use complies with the intent of this ordinance.

(1)

Certificates for existing buildings. Certificates of occupancy may be issued upon request for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such uses of land, are in conformity with the provisions of this ordinance.

(2)

Application for certificates. Application for certificates of occupancy shall be made at the time of application for a permit or, in the case of existing buildings or uses of land, by application in writing to the administrator. A certificate of occupancy shall be issued within 30 days after the receipt of such application, if the building, structure or use of land is in accordance with the provisions of this ordinance. If such certificate is refused for cause, the applicant shall be notified of such refusal in writing by certified mail within the aforesaid 30-day period.

(3)

Records of certificates. A record of all certificates issued shall be kept on file in the office of the town clerk and copies shall be furnished at cost upon the request of any person having a proprietary or tenancy interest in the property involved.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)

3.2.1.

Violations and penalties. The administrator shall enforce the provisions of this ordinance. Violations of any provisions of this ordinance are declared to be a nuisance per se. Any and all building or land use activities considered possible violations of the provisions of this ordinance, whether by observation or communication to the town marshals or to any town official, shall be reported to the administrator.

(1)

Inspection of violation. The administrator shall inspect each alleged violation and shall order correction, in writing, by certified mail of all conditions found to be in violation of this ordinance.

(2)

Correction period. All violation shall be corrected within a period of not more than 60 days after the order to correct is issued unless extended by the town council. A violation not corrected within this period shall be reported to the town attorney who is hereby authorized to and shall initiate procedures to eliminate such violations.

(3)

Penalties. For each and every day the violation continues beyond said hereinabove 60-day correction period, or town council approved extension, a separate offense shall be declared. Any person, firm, corporation, or legal entity violating any provisions of this ordinance shall be adjudged guilty of maintaining a nuisance per se, and the court may order such nuisance abated. The court may punish for such violation by imprisonment in the county jail for not more than 60 days and/or by fine of not more than $500.00 or by both such fine and imprisonment.

(4)

Cumulative rights and remedies. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

3.2.2.

Conflicting regulations. In the interpretation, application, and enforcement of the provisions of this ordinance, whenever any provision or limitation imposed or required by the provisions of this ordinance are more stringent than any other law or ordinance, then the provisions of this ordinance shall govern; provided that whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this ordinance, then the provisions of such other law or ordinance shall govern.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)