Maseena Town City Zoning Code
ARTICLE XI
Enforcement
§ 207-46 Removal of buildings; state environmental quality review.
A.
Any building or structure erected or use commenced after the effective date of this chapter must comply with its provisions. Such new buildings, structures or uses which do not conform to the provisions of this chapter may be removed or halted after issuance of an injunction by the Town Board. Any building or structure made unusable through deterioration, fire or other cause may be removed after issuance of an injunction by order of the Town Board after one month from the notice to the landowners that the Town intends to remove the structure. The cost of removal may be recovered directly from the owner or may be billed concurrently with the Town tax on the property. The cost of removal will be borne by the owner.
B.
State environmental quality review (SEQR).
(1)
The State Environmental Quality Review Act requires that local governments examine the environmental impact of all actions they permit, fund or construct. (NOTE: See § 8-0101 et seq. of the Environmental Conservation Law.) Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations are hereby adopted by reference.
(2)
All Type I actions (6 NYCRR 617) shall require the submission and review of an environmental assessment form.
(3)
For zoning actions reviewed by the Town, the following bodies shall be SEQR lead agency, unless otherwise delegated by the Town Board:
(a)
Local law for text amendments: the Town Board.
(b)
Local law for map amendments: the Town Board.
(c)
Site plan approvals: the Planning Board.
(d)
Variances: the Board of Appeals.
(4)
If, in the opinion of the SEQR local lead agency, after review of the environmental assessment form, there appears the potential for a significant environmental impact, the lead agency may cause the applicant to prepare a draft environmental impact statement. Review, notice and action on the environmental impact statement shall be conducted using 6 NYCRR 617.
§ 207-47 Building permit fees; certificates of occupancy; application of provisions.
A.
At the time an application for permit approval is filed, a fee to be determined from a schedule of fees adopted by the Town Board by resolution shall be paid. Additional fees may be imposed to cover costs of inspections, professional reviews and SEQR compliance, as well as the expenses connected with notices and hearings.
B.
The fee schedule included at the end of this chapter will remain in effect until the Massena Town Board changes such fees by Board resolution. The applicant should check with Town Clerk to verify Town fees.
C.
Certificates of occupancy.
(1)
Certificate required.
(a)
It shall be unlawful for an owner to use or permit the use of a building or premises or part thereof hereafter created, erected, changed, converted, restored, enlarged or moved, wholly or partly, in its use or structure, until a certificate of occupancy shall have been issued by the Code Enforcement Officer. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. It shall be the duty of the Code Enforcement Officer to issue a certificate of occupancy, provided that the building and the proposed use thereof conform to all the requirements herein set forth.
(b)
No use or occupancy of a building or structure may be commenced until a certificate of occupancy has been issued for that building or structure. A temporary certificate of occupancy may be issued by the Code Enforcement Officer if the building or structure or a designated portion of a building or structure is sufficiently complete so that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire in six months, but it may be renewed once.
(c)
A certificate of occupancy shall be deemed to authorize and be required for both initial occupancy and the continued occupancy and the use of the building or land to which it applies.
(2)
Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made, on forms furnished by the Code Enforcement Officer, after erection of such building or part thereof has been completed. In the case of a new building, such application shall be accompanied by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built.
(3)
If the proposed use is in conformity with the provisions of this chapter and all other applicable codes, laws and ordinances, a certificate of occupancy for the use of vacant land or for a change of use shall be issued by the Code Enforcement Officer within 10 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Code Enforcement Officer shall state the reasons, in writing, to the applicant.
(4)
A record of all permits and certificates of occupancy shall be kept in the office of the Code Enforcement Officer.
D.
Construction commencing prior to enactment of this chapter. All permits for buildings and structures issued prior to the enactment of this chapter which are contrary to the provisions of this chapter shall be null and void unless the construction of said building has been substantially commenced prior to the enactment of this chapter. If building operations are discontinued for a period of 12 months, any further construction shall be in conformity with the provisions of this chapter.
§ 207-48 Penalties for offenses.
A.
Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate of occupancy under the provisions of this chapter shall be considered an offense punishable by a fine of not less than $100 and not more than $250 and/or imprisonment for not more than six months for each offense.
B.
The owner, general agent or contractor of a building, premises or part thereof where such violation has been committed or does exist shall be guilty of such offense.
C.
Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such offense.
D.
Each and every week that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Code Enforcement Officer and shall be served by mail or by personal service.
E.
The imposition of penalties herein prescribed shall not preclude the Town or any person from initiating appropriate legal action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.