Authority to issue stop work orders. The Code Enforcement Officer is authorized to issue stop work orders pursuant to this section for any work that is determined by the Code Enforcement Officer to be conducted in violation of the chapter, including, but not limited to, work being conducted on land and/or work being conducted on a building or structure for which a special use permit or site plan approval is required but has not been obtained.

Content of stop work order. A stop work order shall:

Service of stop work order. The CEO shall cause the stop work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by registered or certified mail. The CEO shall be permitted, but not required, to cause the stop work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop work order, personally or by registered or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop work order.

Effect of stop work order. When a stop work order is issued, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work that is the subject of the stop work order.

Complaints. The CEO shall review and investigate complaints that allege or assert the existence of conditions or activities that fail to comply with this chapter. The process for responding to a complaint shall include any of the following steps the CEO may deem to be appropriate:

Recordkeeping.

Program review and reporting. The CEO, along with the Deputy CEO, if applicable, shall annually submit to the Town Board a written report and summary of all business conducted by the CEO office, including a report and summary of all transactions and activities and a report and summary of all appeals or litigation pending or concluded.

Violations.

Appearance tickets. The CEO is authorized to issue appearance tickets for any violation of the chapter.

Criminal penalties and enforcement. Any violation of the chapter is hereby declared to be an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; upon conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350, nor more than $700, or imprisonment for a period not to exceed six months, or both; and upon 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 $1,000, or imprisonment for a period not to exceed six months, or both. For the purpose of conferring jurisdiction upon the courts and judicial officers generally, violations of the chapter shall be deemed misdemeanors and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Injunctive relief. An action or proceeding may be instituted by the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter. No court action or proceeding shall be commenced without the appropriate authorization from the Town Board. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of this chapter, or any stop work order, compliance order or other order obtained under this chapter, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.

Remedies not exclusive.

No building shall hereafter be erected, relocated or altered as to outside dimensions or so as to permit a change in its use and no excavation for any building shall be begun unless and until a permit therefor has been issued by the Code Enforcement Officer.

No such permit shall be issued until there has been filed with the Code Enforcement Officer a sketch or plot plan showing the actual dimensions and angles of the lot to be built upon, the exact size and location of the lot of the building or accessory buildings to be erected, relocated or altered and such other information of this chapter. Each application shall state the purpose for which the structure of land is to be used and a general description of the type of construction. A working drawing of any proposed building shall be filed with the application for a building permit.

The Code Enforcement Officer shall act upon all applications for building permits within a reasonable time not to exceed 10 days, and shall, within such period, issue or refuse to issue such permits. Notice of refusal to issue any permit shall be given to the owner or to his authorized representative, in writing, and shall state the reason for said refusal. The fee for any such permit shall be determined by the Town Board from time to time by resolution of the Board.

Permits will not be necessary for minor repairs, painting, plumbing, and corncribs, provided they conform to the present use of the land or buildings, as provided for in this chapter. New water wells shall require permits from the Town and NYS DEC. All swimming pools and new roofs shall require a building permit.

A building permit shall be issued for a period of one year and may be renewed for two additional periods. If the improvements described in the application for a building permit have not been completed within three years from the date that the permit is issued, the owner shall apply to the Zoning Board of Appeals to continue the permit in force.

No building permit shall be issued for lots in an approved subdivision except as provided for in the subdivision regulations.

No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer. A temporary certificate of occupancy for not more than 30 days for a part of a building may be issued by the Code Enforcement Officer. For previously existing construction, the Code Enforcement Officer may, on request, issue such certificate if he determines that the use of the building in question meets the requirements of this chapter.

A certificate of occupancy shall be issued only if the proposed use and construction of the building or land conforms to the provisions of this chapter and to the plot plan, purpose and description of which the permit was issued. The Code Enforcement Officer shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy has been applied before issuing such certificate. Such inspection shall be made within 10 days from the date of application, Saturday, Sundays and legal holidays excepted.

The Code Enforcement Officer shall deny a certificate of occupancy if any violation of the state or county health regulations is discovered. The issuance of a certificate of occupancy shall not be construed as a representation by the Town that the premises comply with such health regulations, but solely that no violations have been found.