Permit required. No building or sign or part thereof shall be constructed, structurally altered, enlarged, or moved unless a permit for such action has been issued by the Code Enforcement Officer or his or her agent, except as otherwise exempted from a permit in this chapter. The contractor, builder, and developer, as well as the property owner, shall be responsible for any and all permits. Site plan approval, in accordance with Article XVI, may be required prior to the issuance of a building permit for certain types of uses, including commercial, industrial and multifamily residential construction.

Compliance with this chapter. No building permit for a building, sign or structure on any lot shall be issued except to the owner of record thereof, or his or her authorized agent, until the proposed construction or alteration of a building or structure shall comply in all respects with the provisions of this chapter or with a decision rendered by the Board of Appeals, Planning Board, Site Plan Review Committee, and/or others under this chapter.

Applications for permits. All applications for building, sign, or use permits shall be submitted in writing to the Code Enforcement Officer on forms provided for the purpose. The application shall be accompanied by the following information:

Action on applications. Within seven (7) days of filing of an application for a building or use permit, the Code Enforcement Officer shall approve, deny, or refer to the Planning Board for conditional use approval all such applications. If the proposed activity requires site plan review in accordance with Article XVI, the Code Enforcement Officer shall refer the applicant to the Planning Director. His/her decision shall be in writing on a form designed for the purpose and communicated directly to the applicant. One (1) copy of the Code Enforcement Officer's decision shall be filed in the Code Enforcement Officer's office. In cases where the Code Enforcement Officer deems that a conditional use permit is required, s/he shall also provide a copy of his decision to the Planning Board.

Plumbing permit required. No building permit shall be issued for any structure or use involving the construction, installation, or alteration of plumbing facilities unless a valid plumbing permit has been secured by the applicant or his or her authorized agent.

Start of work. No work shall be begun on a project requiring a building permit, plumbing permit, site plan approval, and/or other municipal approval or permit until all required permits and/or approvals have been obtained. Start of work shall include clearing and grubbing of the site, grading, excavation, or construction of buildings or structures.

Revision of proposed work. A new permit is required if any changes in plans, construction, size, or use of any building, structures, or parts thereof are made after issuance of the previous permit.

Time valid.

Pending applications. Nothing in this chapter shall require any change in the plans, construction, size, or designated use for any building, structure, or part thereof for which an application for a building permit has been made or a building permit has been issued or upon which construction has been commenced prior to the adoption or amendment of this chapter, provided construction shall start within sixty (60) days after the issuance of such permit.

Required records. Applications for permits with their accompanying plans and building permits shall be maintained as a permanent record by the Code Enforcement Officer.

Rights related to a public right-of-way. Neither the granting of a permit nor the installation or placement of a sign in the public right-of-way conveys permanent property rights relating to the public right-of-way. An illegal sign in the public right-of-way may be removed by the City without notice, at the owner's expense if the illegal sign is within the public right-of-way.

After the building, or part thereof, has been completed, altered or enlarged or relocated, the owner or his or her agent shall obtain a certificate of occupancy for the proposed use before the same may be occupied or used. A certificate of occupancy shall be issued by the Code Enforcement Officer only if he or she finds that the project is in compliance with this chapter, with any applicable site plan approval, and any other regulations of the City.

A certificate of occupancy shall also be required for any of the following:

In cases of use and occupancy of any building or part thereof during a period of construction or alteration, the Code Enforcement Officer may issue temporary certificates for periods not exceeding six (6) months. Temporary certificates of occupancy for single-family homes may be renewed for additional six (6)-month periods provided that the owner provides the Code Enforcement Officer with written evidence that progress is being made toward the completion of the home.

These costs include:

Escrow account. The applicant shall establish an escrow account with the City to guarantee payment in advance of actual fees assessed pursuant to this chapter. The original deposit shall be such amount as specified in § 280-3-4. If the balance in the escrow account shall be drawn down by seventy-five percent (75%), the City shall notify the applicant and require that an additional amount equal to fifty percent (50%) of the initial deposit be submitted to cover the cost of remaining work. The City shall continue to notify the applicant and require that an additional amount be deposited whenever the balance of the account is drawn down by seventy-five percent (75%) of the original deposit. Any excess amount deposited with the City in advance shall be refunded to the applicant in a timely fashion after final action on the application.

Fee disputes. Any dispute regarding the application of § 280-3-4 or the amount required to be paid, either in advance or upon completion, may be appealed in writing within ten (10) days to the City Manager. The City Manager, after due notice and investigation and for good cause shown, may affirm, modify, or reverse the disputed decision or reduce the amount assessed.

Payment of fees required. By submitting an application under this chapter, the applicant agrees to reimburse the City for the reasonable and necessary fees set forth herein, and the City shall not amend the text of this chapter, change Zoning Maps, execute contract zoning agreements until such amounts have been paid in full. In addition, no building permit or certificate of occupancy may be issued nor approved site, subdivision or other plan released until all fees assessed hereunder have been paid in full. Any individual or firm who has an outstanding fee balance shall not be eligible to submit a request to amend the text of this chapter, change Zoning Maps, contract zoning, or a new or amended site plan application or building or occupancy permit until the outstanding balance is paid in full.

Administration. Fees associated with amendment of the text of this chapter, changes to Zoning Maps, contract zoning, development permits regulated under Article XVI, and other items overseen by the Planning Board shall be administered by the Planning Director.

It shall be the duty of the Code Enforcement Officer or his or her agent to enforce the provisions of this chapter. If the Code Enforcement Officer or his or her agent shall find that any provision of this chapter is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of buildings, structures, or additions or work being done or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

The Code Enforcement Officer is hereby authorized to institute or cause to be instituted, in the name of the City, any and all actions, legal or equitable, that may be appropriate or necessary for the enforcement of this chapter; provided, however, that this section shall not prevent any person entitled to equitable relief from enjoining any act contrary to the provisions of this chapter.

The Code Enforcement Officer, in his or her discretion, where a violation of this chapter has been brought to his or her attention, may so advise the party in violation, in writing, and may give such violators permission to continue for a period not exceeding ten (10) days, provided that such violators intend and do appeal to the Board of Appeals. Failure to perfect or commence such appeal within ten (10) days will then subject the violator to prosecution under this section.