Liberty Town City Zoning Code
ARTICLE X
Administration and Enforcement
§ 147-37 Code Enforcement Officer.
[Amended 7-14-1997 by L.L. No. 4-1997]
It shall be the duty of a Code Enforcement Officer, to be appointed by the Town Board, to enforce the provisions of this chapter. The Code Enforcement Officer shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as the Town Board may require. Permits for construction and uses which are special uses shall be issued only upon written order of the Planning Board. Permits for construction and uses which require a variance to requirements of this chapter shall be issued only upon written order of the Zoning Board of Appeals.
§ 147-38 Permit procedures.
A.
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 Code Enforcement Officer for a building permit and/or certificate of occupancy by filling out the appropriate application form and by submitting the required fee. The Code Enforcement Officer will then either issue or refuse the permit or refer the applicant to the Planning Board should the permit application involve a special use permit or site plan review approval and/or the Zoning Board of Appeals should the permit application involve a matter requiring a variance. After the building permit has been issued by the Code Enforcement Officer and received by the applicant, the applicant may proceed to undertake the action permitted in the building permit and, upon completion of such action, shall apply to the Code Enforcement Officer for issuance of a certificate of occupancy. If the Code Enforcement Officer finds that the action of the applicant has been completed in accordance with the permit, the Code Enforcement Officer shall then issue a certificate of occupancy or a certificate of compliance with respect thereto.
[Amended 12-16-2019 by L.L. No. 1-2019]
B.
Required permits. A building permit or certificate of occupancy shall be required prior to the erection, addition, demolition 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 of any building or for a change in land use until a permit has been duly issued therefor. A special use permit, site plan review approval, or a variance may also be required prior to the application for a building permit. The following classes of permits may be required:
[Amended 12-16-2019 by L.L. No. 1-2019]
(1)
Permitted use. A permit for a principal permitted use or an accessory use requiring a permit may be issued by the Code Enforcement Officer on his own authority.
(2)
Special use. A permit for a special use may be issued by the Code Enforcement Officer after review and approval by the Planning Board
(3)
Variance. A permit for a use or structure which requires a variance may be issued by the Code Enforcement Officer only upon order of the Zoning Board of Appeals in accordance with Article XI.
(4)
Temporary use. A temporary permit may be authorized by the Town Board and issued by the Code Enforcement Officer for a nonconforming structure or use which the Town Board deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit for a specified period not exceeding three years. Temporary permits for purposes of demolishing a structure may be issued by the Code Enforcement Officer and shall be for a period not to exceed 60 days.
C.
Activities not requiring permits. Certain uses or activities shall not require permits although they shall meet any standards which may be applicable to those uses. These include the following:
(1)
Patios.
(2)
Any porch or deck not over six feet in height above the grade level and lacking a roof, provided such porch or deck does not extend closer than 10 feet to any lot line or within any required front yard.
(3)
Above ground swimming pools, provided such swimming pool does not extend closer than 10 feet to any lot line or within any required front yard.
(6)
All nonstructural accessory use, including gardens, small animal projects, etc.
(7)
Home occupations (permitted as accessory uses in certain districts subject to the requirements of § 147-20B). Permits shall, however, be required for home occupations if a structure addition or new structure is planned. Also home occupations employing more than three persons, other than immediate family members, shall permitted as special uses in the RD or AC District.
[Amended 12-16-2019 by L.L. No. 1-2019]
D.
Application for permits.
(1)
All applications for building permits shall be made using official Town application forms and be accompanied by a plot plan in duplicate, drawn to show the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and also by such additional information as may be necessary to determine compliance with this chapter, all other pertinent Town regulations and state regulations, including the New York State Environmental Quality Review Act, where applicable. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
[Amended 12-16-2019 by L.L. No. 1-2019]
(2)
Applications for uses which also necessitate approvals under Chapter 130, Subdivision of Land, of the Code of the Town of Liberty shall be processed in the manner provided therein for plan approval and contain all information or data normally required for a submission under those regulations. A building permit shall not be issued until the proposed use has been granted a preliminary approval under Chapter 130, Subdivision of Land. Also, no building permits shall be issued for any individual structures or uses within any subdivision or land development requiring subdivision approval until final approval has been granted under said regulations.
(3)
All water supply and sewage disposal systems shall conform with the New York State Department of Health regulations and no building permit (or certificate of occupancy) shall be issued unless such application is accompanied by a certification by a professional engineer (or licensed land surveyor permitted to prepare sewage system designs) that said lot has adequate percolation for the proposed construction and all sewage disposal systems are designed in accordance with the specifications of New York State as well as the Town of Liberty and shall be installed under his/her direction. (See Chapter 121 of the Code of the Town of Liberty.) No residential dwelling unit shall be served by a privy and all systems shall fully comply with the sewer district regulations of the Town of Liberty as contained in this Code.
E.
Fees.
(1)
The Town Board shall by resolution establish and periodically update a uniform schedule of fees, charges and expenses, as well as a collection procedure for building permits, special use permits, variances and other matter pertaining to this chapter.[1]
(2)
Said schedule of fees shall be posted in the office of the Code Enforcement Officer and/or the Town Clerk.
(3)
Permits, special uses and variances shall be issued only after fees have been paid in full, and the Zoning Board of Appeals shall take no action on appeals until preliminary charges have been paid in full.
F.
Action on permit applications.
(1)
Issuance of permit.
(a)
It shall be the duty of the Code Enforcement Officer to issue a building permit, provided that he is satisfied that the structure, building, any signs, parking areas of 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.
(b)
All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation is displayed as required by this chapter, nor shall be perform building operations of any kind after notification of the revocation of said building permit.
(2)
Denial of permit. When the Code Enforcement Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building permit.
(3)
Inspection by the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer, or his duly appointed representative, to make the following minimum number of inspections on property for which a permit has been issued:
(a)
At the beginning of construction. A record shall be made indicating the time and date of the inspection and the finding of the Code Enforcement Officer in regard to conformance of the construction with plans submitted with the application from the building. If the actual construction does not conform to the application, a written notice of the violation shall be issued by the Code Enforcement Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Code Enforcement Officer, construction shall proceed.
(b)
At the completion of construction. A record shall be made indicating the time and date of the inspection; the findings of the Code Enforcement Officer in regard to the issuance of certificate of occupancy. Nothing herein shall, however, preclude the Code Enforcement Officer from making such additional inspections as are deemed necessary to establish conformance with this or other Town Regulations.
(4)
Expiration of permit. A building permit shall expire after one year if the applicant fails to implement his application as filed with the Code Enforcement Officer.
(5)
Revocation of permits. If it shall appear at any time to the Code Enforcement Officer that the application or accompanying plot plan is in any material respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the said enforcement officer. After the building permit has been revoked, the Code Enforcement Officer may, at his discretion, before issuing a new building permit, require the applicant to file an indemnity bond in the favor of the Town of Liberty with sufficient surety, conditioned for compliance with this chapter and all building laws and ordinances then in force, and in a sum sufficient to cover the cost of removing the building if it does not so comply.
(6)
Renewal of permit. In any instance when a permit is approved by the Planning Board, the Town Board or the Zoning Board of Appeals, any of those may require their approval be periodically renewed. Such renewal shall be granted following due public notice and hearing, and may be withheld only upon determination by the Code Enforcement Officer to the effect that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been, or are no longer being, 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.
[Amended 12-16-2019 by L.L. No. 1-2019]
G.
Certificate of occupancy.
(1)
A certificate of occupancy shall be a statement issued by the Code Enforcement Officer 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.
(2)
No vacant land shall be occupied or used, and no structure or part of a structure hereafter erected, structurally altered or changed in use, shall be occupied or used until a certificate of occupancy shall have been regularly issued therefore by the Code Enforcement Officer.
(3)
A certificate of occupancy, either for the whole or part of a new building or for the alteration of an existing building shall be applied for coincident with the application for a building permit and shall be issued within 30 days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this chapter, provided the Code Enforcement Officer has been timely notified of the completion of construction.
(4)
A certificate of occupancy for the use of occupancy of vacant land or for a change in the use of land, or for a change in the use of an existing building, shall be applied for and issued before any such land shall be occupied or used or such land or building changed in use, and such certificate of occupancy shall be issued within 30 days after application has been made, provided such proposed use is in conformity with the provisions of this chapter.
(5)
A certificate of occupancy for changing or extending a nonconforming use, existing at the time of the passage of this chapter or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate of occupancy shall be issued pursuant to the special use permit requirements in Article VIII of this chapter.
[Amended 12-16-2019 by L.L. No. 1-2019]
(6)
A record of all certificates of occupancy shall be kept on file in the office of the Code Enforcement Officer and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected.
§ 147-39 Violations.
[Amended 7-14-1997 by L.L. No. 4-1997; 4-7-2025 by L.L. No. 3-2025]
A.
General provisions. It shall be unlawful to erect, construct, reconstruct, alter and maintain or use any building or structure or to use any land in violation of any provision of this chapter or amendments thereto. Failure to comply with any provisions of this chapter; or failure to secure a permit, or certificate of occupancy, when required, previous to the erection, construction, extension, or addition to a building shall be a violation of this chapter. When written notice of a violation of any of the provisions of this chapter has been served by the Code Enforcement Officer on the owner, occupant and/or contractor, such violation shall be discontinued immediately.
B.
Complaints. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate and report thereon to the Town Board.
C.
Penalties. Any person, partnership or corporation who or which shall do so shall, upon conviction thereof, be sentenced to pay a fine in such amount as may be established by resolution of the Town Board from time-to-time, together with judgment of imprisonment not exceeding six months if the fine is not paid. Each week that a violation is continued shall constitute a separate offense. All fines collected for the violation of this chapter shall be paid over to the Town of Liberty.
D.
Procedure for abatement of violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority or inferred hereby, the Town Board or, with its approval, the Code Enforcement Officer or other property official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, or to prevent the occupancy of said building, structure or land, or prevent any illegal act, conduct, business or use in or about such premises.