Ogden City Zoning Code
ARTICLE III
Administration and Enforcement
§ 300-7 Administrative officers.
A.
Enforcement. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon a Code Enforcement Officer, who shall have such powers as are conferred upon the Code Enforcement Officer by this chapter and as reasonably may be implied. The Code Enforcement Officer, who shall be appointed by the Town Board, may be the Town Building Inspector or other qualified individual.[1]
B.
Powers and duties of Building Inspector.
(1)
It shall be the duty of the Building Inspector to issue permits and certificates to applicants who fully comply with the provisions of this chapter.
(2)
The Building Inspector shall maintain a permanent and current record of all applications for building permits, zoning permits and certificates, action upon the same, any conditions relating thereto and any other matters considered and action taken regarding issuance or denial.
(3)
The Building Inspector shall provide the Zoning Board of Appeals, in writing, with all facts pertaining to the Building Inspector's refusal to issue permits and certificates whenever such information shall be requested by said Board.
(4)
Whenever the Building Inspector denies a permit or certificate, the Building Inspector shall, in writing, inform the applicant of the specific reasons for denial and instruct the applicant concerning the proper methods and the right to apply for relief.
(5)
The Building Inspector shall be responsible for notifying permit holders of permit renewal dates and requirements prior to the expiration date.
C.
Powers and duties of Code Enforcement Officer.[2]
(1)
If the Code Enforcement Officer shall find that any of the provisions of this chapter are being violated, the Code Enforcement Officer shall notify, in writing, the persons responsible for such violations, indicating the specific nature of the violation and ordering action to correct it. The following may be ordered:
(2)
The Code Enforcement Officer also shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(3)
The Code Enforcement Officer shall receive and investigate complaints regarding compliance herewith.
(4)
The Code Enforcement Officer may prepare forms, applications, checklists, etc., to facilitate compliance, said instruments to be considered parts of these regulations as if incorporated herein.
(5)
Inspection of improvements and development. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town Engineer and other officials and agencies, as appropriate.
§ 300-8 Building permits.
[Amended 1-22-2014 by L.L. No. 1-2014]
A.
When required. A building permit shall be required prior to the erection, alteration, demolition, moving or addition to any building or structure. It shall be unlawful for any person to commence work requiring a building permit until such approval has been duly issued. One permit shall be required which shall cover the zoning requirements and any other building codes. No building permit shall be issued until site plan approval is granted if required by the Planning Board or until a variance, if needed, is issued by the Zoning Board of Appeals.
B.
Application. Every application for a building permit shall be accompanied by an instrument survey map certified by a licensed surveyor and drawn to scale which shows the following:
(1)
The lot upon which the building is proposed to be erected or on which it is situated if an existing building.
(2)
Lot dimensions, lot number and subdivision name, if any.
(3)
Names and widths of abutting roads or streets.
(4)
Locations, dimensions and proposed use of the building for which the permit is sought and use of land in connection therewith.
(5)
Setback measurements from front, side and rear lot lines in relation to the building for which the permit is sought and the distance of the proposed building from any existing building on the same lot.
(6)
The location of the garage, septic tank and leaching beds, water well or source of water supply.
(7)
Details of the means to be used to drain surface water from the lot indicating the location of drains.
(8)
The elevation of the center line of the road or street upon which the proposed construction is to occur, certified to the nearest 1/10 of a foot, together with the proposed finished first floor elevation certified to the nearest 1/10 of a foot.
(9)
North point and scale.
C.
Review and action. No permit shall be issued until the Building Inspector has certified that the proposed application complies with the provisions of all applicable local laws. The Building Inspector shall provide a permit card to be posted on the site, visible from the street and open to inspection the entire time of prosecution of the work.
D.
Upon the completion of the construction of the footings or after the placement of precast concrete or wooden basement foundation walls, a certified survey confirming the basement floor elevation as being in compliance with the approved subdivision plan shall be submitted. No further construction shall occur until such time as the provisions of this article have been complied with.[1]
E.
Time limits. Building permits shall expire 12 months after the date of issuance. If the work for which a permit has been issued is not commenced within six months after the date of issuance or, if following commencement of such work, ceases for a period exceeding 90 days, or such longer period as the Building Inspector may authorize, in writing, due to the occurrence of conditions unforeseen at the time of issuance of the permit, the permit shall expire and a new permit shall be required before work is commenced or recommenced. A building permit which has become invalid or which 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 Building Inspector.
F.
Refusal. If a permit is refused, the Building Inspector shall state such refusal, in writing, with the cause and shall mail notice of such refusal to the applicant. The applicant may then appeal the decision to the Zoning Board of Appeals.
G.
Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter.
§ 300-9 Certificate of occupancy.
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 Building Inspector 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 all applicable state and local laws and conditions of approval of any approvals authorized by this chapter.
B.
Issuance. Within five days after notification that a building or structure or premises is ready for occupancy or use, it shall be the duty of the Building Inspector to make a final inspection thereof and issue a certificate of occupancy if the land, building structure or part thereof is found to conform to the provisions of all applicable state and local laws. If the Building Inspector and Code Enforcement Officer are not the same, the Building Inspector and Code Enforcement Officer shall both sign the certificate of occupancy.[1]
C.
Refusal. If the Building Inspector, after such final inspection, refuses to issue a certificate of occupancy, the Building Inspector shall state such refusal, in writing, with the cause and immediately thereupon mail notice of such refusal to the applicant to the address indicated on the application.
D.
Completion of grading. In the event that grading is incomplete or weather interferes with grading, the Building Inspector shall hold an escrow for grading in the amount as determined by the Town Board at its annual meeting.
E.
Upon transfer of title to a new owner or execution and recording of a mortgage upon said building or said building becoming vacant, no two-family dwelling, no mixed occupancy containing two or more families, and no multiple-family dwelling shall be occupied in whole or in part until the issuance of a certificate of occupancy by the Building Inspector that said dwelling conforms in all respects to the requirements of this chapter. The Building Inspector may, on the request of the owner or certified agent, issue a temporary certificate of occupancy in his discretion.
[Added 6-28-2000 by L.L. No. 4-2000[2]]
§ 300-10 Conditional and special use permits.
The requirements and procedures for conditional and special use permits are contained in Article XI of this chapter.
§ 300-11 Site plan review.
Where site plan review is required by this chapter, the standards of Chapter 254, Subdivision of Land, shall apply as to application procedures and review criteria.
§ 300-12 Subdivision approval.
Plats showing lots, blocks or sites which are subject to review pursuant to the Town's subdivision regulations shall continue to be subject to such review and shall not be subject to review under this section. The requirements and procedures for subdivision approval are found in Chapter 254, Subdivision of Land.
§ 300-13 Environmental quality review.
The State Environmental Quality Review (SEQR) process shall be considered as an understood procedure for the review of all actions before the Town Board, Planning Board or Zoning Board of Appeals. SEQR approval must be obtained, where required, before any permits or approvals may be issued by any of the Boards.
§ 300-14 Integration of procedures.
Whenever the circumstances of proposed development require compliance with several sections of this chapter or with any other local law, ordinance or requirement of the Town, the Boards shall attempt to integrate, as appropriate, the reviews required by this chapter with the procedural and submission requirements for such other compliance.
§ 300-15 Consultation with other boards and officers.
The Zoning Board or Planning Board may consult with the Building Inspector, Fire Marshal, Conservation Board, Monroe County Department of Planning and Development and the Town Engineer, as well as other local and county officials, representatives of federal and state agencies and consultants who may have opinions or technical knowledge regarding a pending application.
§ 300-16 Notice of public hearing.
A.
In an application where a public hearing has been ordered and by law the notice of a public hearing must be published in the official newspaper, the Secretary of the Board of Appeals shall also mail written notice of such hearing to all property owners within 200 feet in all directions at least 10 days before the date of such hearing.[1]
B.
In the case of applications for a change of zoning classification, notice of public hearings shall also be posted with a Town-provided sign in a publicly conspicuous location on or in front of the front property line of the property affected. Said sign shall notify the public of a pending application and hearing and shall be posted not less than 10 days prior to the hearing. This sign shall be removed no later than three business days after the hearing.
§ 300-17 Fees.
A.
Fees for building and zoning permits for all structures and fees for applications to the Planning Board and the Zoning Board of Appeals shall be paid at the time of request for such permit or application. Said fees shall be established and amended from time to time by Town Board resolution. Said fees are on file in the office of the Town Clerk.
B.
No building permits shall be issued until all owed fees are paid. Reasonable costs incurred by the Building Inspector, staff, boards or their agents (including attorneys and engineers) in connection with the review of an application shall be charged to the applicant.
§ 300-18 Conflict with other regulations.
Where a provision of this chapter is found to be in conflict with any provision of any law or ordinance of the Town existing at the time of adoption of this chapter, then the provision which establishes the higher standard for the protection of health, safety and welfare shall prevail.
§ 300-19 Amendments.
§ 300-20 Penalties for offenses.
A.
Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine and/or imprisonment, as provided for in the Town Law of the State of New York.
B.
Each week's continued violation shall constitute a separate additional violation.
C.
The owner, general agent or contractor of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
D.
A violation of this chapter, as described in Subsection A above, shall be deemed to be a misdemeanor solely for purposes of conferring jurisdiction on the courts.
E.
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.