Jerusalem Town City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 160-63 Interpretation of provisions.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for promotion of the public safety, convenience, prosperity and general welfare for the Town of Jerusalem.
§ 160-64 Enforcement officer; duties.
[Amended 1-8-2003 by L.L. No. 1-2003]
A.
Code Enforcement Officer. The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer appointed by the Town Board, who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.
B.
Duties. It shall be the duty of the Code Enforcement Officer to keep a record of all applications for permits and a record of all permits issued 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 use of the Town and other officials. The Code Enforcement Officer shall not issue a permit for the construction of any building or use of any property, unless such building or use conforms to all other ordinances of the Town of Jerusalem.
§ 160-65 Building permits.
[Amended 6-5-1978; 1-8-2003 by L.L. No. 1-2003]
A.
Requirement.
(1)
It shall be unlawful to commence the excavation for or the construction of any building or structure, including accessory buildings, or to commence the moving or alteration of any building or structure, including accessory buildings, until the Code Enforcement Officer has issued a permit for such work.
(2)
The Town of Jerusalem Code Enforcement Officer does not have to issue a building permit, and a permit does not have to be obtained to implement minor repairs (i.e., roof replacement, windows, interior alterations or alterations without additions) that do not increase the exterior dimension of a structure.
B.
All water supply and sewage disposal installations shall conform with the New York State Department of Health regulations. No plot plan shall be approved by the Code Enforcement Officer unless such conformity is certified on the plan.
C.
Application; issuance.
(1)
In applying to the Code Enforcement Officer for a building permit, the applicant shall submit specifications and a dimensioned plan to scale, indicating the shape, size, height and location in exact relation to all property lines and to street or road lines of all buildings or structures to be erected, altered or moved and of any building or structure already on the lot. This plan shall be accompanied by a written statement from a qualified engineer or other satisfactory evidence to the effect that the line of the bordering street or road has been accurately located and staked on the ground. The applicant shall also state the existing or intended occupancy and use of all such buildings and land and supply other information as may be required by the Code Enforcement Officer to ensure that the provisions of this chapter are being observed.
(2)
If the proposed excavation, construction, alteration or moving, as set forth in the application, is in conformity with the provisions of this chapter and other ordinances of the Town then in force, the Code Enforcement Officer shall issue a permit for such excavation, construction, alteration or moving.
D.
Refusal. If a building permit is refused, the Code Enforcement Officer shall state such refusal in writing, with the cause, and shall immediately mail notice of such refusal to the applicant at the address indicated on the application.
E.
Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter.
F.
Time limit. Building permits shall become invalid unless the authorized work or use is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
[Amended 4-21-2010 by L.L. No. 1-2010]
§ 160-66 Certificates of occupancy.
[Amended 1-8-2003 by L.L. No. 1-2003]
A.
Requirement. No land or building or other structure, or part thereof, hereafter erected or altered in its use or structure shall be used or occupied until the Code Enforcement Officer shall have issued a certificate of occupancy stating that such land, building, structure or part thereof, and the proposed occupancy or use thereof, are found to be in conformity with the provisions of this chapter.
B.
Issuance. Within five days after notification that a building, structure or premises, or part thereof, is ready for occupancy or use, it shall be the duty of the Code Enforcement Officer to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform with the provisions of this chapter.
C.
Refusal. If the Code Enforcement Officer, after such final inspection, refuses to issue a certificate of occupancy, he shall state such refusal in writing, with the cause, and immediately thereon mail notice of each refusal to the applicant at the address indicated on the application.
§ 160-67 Fees.
Fees. Fees for zoning permits, certificates of occupancy, applications for variances and subdivision review shall be established by the Town Board under separate resolution.