Town Of Boston City Zoning Code
ARTICLE XXIX
Administration; Enforcement; Penalties for Offenses; Transitional Provisions
§ 123-153 Administrative and enforcement officer.
Unless otherwise provided, the provisions of this chapter shall be administered and enforced by the Code Enforcement Officer of the Town of Boston. The Code Enforcement Officer shall keep a complete file of all applications, permits, orders, certificates, requirements and decisions affecting each and every application filed with the Town of Boston pursuant to this chapter.
§ 123-154 Building permit requirements.
A.
Enforcement. This chapter shall be enforced by the Code Enforcement Officer. No building permit or certificate of occupancy shall be issued except in conformity with the provisions of this chapter.
B.
Building permit.
(1)
A building permit is required for the erection or placement of any structure or the alteration of an existing building or structure so as to change front, side or rear yards or building height or the number of dwelling units. Building permit applications shall be made to the Town Clerk and shall be accompanied by two copies of a sketch plot plan showing dimensions of the lot and the size and location of buildings on the lot, except that, in the case of an application to erect a structure on an unimproved lot or to erect a structure exceeding 600 square feet in a lot improved by another structure or to erect an addition to any structure situated on a lot, the application shall be accompanied by two copies of a survey prepared and stamped by a licensed surveyor showing the dimensions of the lot and the size and location of all structures located thereon. On all applications for which a survey is required, the Code Enforcement Officer shall receive a stamped, redated survey showing the actual location of the structure being erected prior to conducting any inspection other than of the foundation.
(2)
Building permit applications shall be made on the form supplied by the Town Clerk and shall not be granted until the applicant has secured an approved plan for construction and installation of water supply and sewage disposal system and has agreed to construct and locate the water supply and sewage disposal system so as to meet the standards, rules and regulations of the Erie County Health Department and that such systems will not be covered until a certificate of compliance has been issued by the sanitary inspector.
(3)
Such building permit must be publicly displayed at the building site continually during construction and until the issuance of a certificate of occupancy, as provided for herein, in such a manner as to be visible from the highway.
C.
The building permit shall remain effective only if work commences within six months and is completed within one year of the date of issuance. Said permit may be extended by the Town Board upon written application and for good cause demonstrated by the applicant therefor.
D.
No permit for excavation or erection or alteration or repairs of any building unless all the provisions of this chapter have been complied with.
E.
Certificates of occupancy. Following completion of any new structure or building for which a building permit has been issued, or the completion of development of the entire site where the project is subject to site plan approval, including but not limited to all required paving, landscaping and drainage, as depicted on the approved site plan, in accordance with this chapter, the Code Enforcement Officer shall issue a certificate of occupancy, which shall certify that the construction of the building or structure is in accordance with all applicable state, County and local laws and regulations. No building or structure shall be occupied prior to the issuance of a certificate of occupancy by the Code Enforcement Officer or after the expiration of a temporary certificate of occupancy or the revocation of a certificate of occupancy or a certificate of zoning compliance.
F.
No more than one building permit shall be pending with regard to any property unless approved by the Town Board.
[Added 10-7-1992 by L.L. No. 2-1992]
§ 123-155 Certificate of zoning compliance.
A.
No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of zoning compliance shall have been issued by the Code Enforcement Officer, stating that the building or proposed use thereof complies with the provisions of this chapter. Where site plan approval is required, no certificate of zoning compliance shall be issued until the entire site has been completed in accordance with the approved site plan, including but not limited to all required paving, landscaping and drainage, as depicted on the approved site plan.
B.
All applications for a certificate of zoning compliance shall be in writing, signed by the property owner or his duly authorized agent, on forms furnished by the Code Enforcement Officer, and shall contain the following information:
(1)
The nature and definite purpose of the building or use.
(2)
A description of the property and buildings thereon and to be placed thereon.
(3)
A statement of any restrictions by deed or other instrument of record.
(4)
An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable.
(5)
Compliance with all applicable site plan requirements.
C.
In addition, upon written request by the property owner or his duly authorized agent, the Code Enforcement Officer shall inspect any building, other structure or tract of land existing on the effective date of this chapter and shall issue a certificate of zoning compliance certifying:
§ 123-156 Inspection; abatement of violation.
The Code Enforcement Officer is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter or any other law, ordinance, regulations or specifications adopted by the Town of Boston. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct the violation or to comply with such order.
§ 123-157 Temporary certificate of occupancy or zoning compliance.
[Amended 7-16-1997 by L.L. No. 5-1997]
A.
Upon receipt of an application therefor, the Code Enforcement Officer may issue a temporary certificate of occupancy or a temporary certificate of zoning compliance to be effective for a period not to exceed 90 days from the date of issuance.
B.
After the expiration of the temporary certificate of occupancy or temporary certificate of zoning compliance, said certificate may be renewed only upon written application, for good cause shown, to the Town Board. Said renewal shall be for such period as the Town Board may, in its discretion, determine, but, in any event, shall not exceed 90 days from the date of issuance.
C.
No temporary certificate of occupancy or temporary certificate of zoning compliance shall be effective for a period of more than 270 days from the date said certificate was first issued by the Code Enforcement Officer.
D.
No temporary certificate of occupancy or temporary certificate of zoning compliance shall be issued unless the Code Enforcement Officer shall determine, and in the case of an application for renewal shall certify to the Town Board, that the structure is sufficiently complete to be put to the use which was set forth in the original building permit application, application for site plan approval or other application.
§ 123-158 Penalties for offenses.
A.
Pursuant to § 268 of Article 16 of the Town Law, a violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both.
B.
A person shall be subject to the penalties imposed by this section and § 268 of Article 16 of the Town Law in any case where an order to remove any violation of any of the provisions of this chapter has been served by the Code Enforcement Officer upon the owner, general agent, lessee or tenant of the building, other structure or tract of land or any part thereof or upon the architect, builder, contractor or anyone who commits or assists in any such violation and such person shall fail to comply with such order within two days after the service thereof. Each week's continued violation shall constitute a separate additional violation and shall be punishable thereunder.
§ 123-159 Additional remedies.
In addition to the foregoing remedies, the Town of Boston may institute any appropriate action or proceeding to prevent, enjoin or restrain any violation of this chapter.
§ 123-160 Supplemental requirements.
The provisions of this chapter shall be supplemented by such additional requirements of Chapter 57 of the Town Code as may apply to each application.
§ 123-161 Certain applications deemed abandoned.
Any application filed with the Town of Boston or an officer or agency thereof shall be actively prepared and presented by the applicant. Any such application, except applications for approval of a subdivision, shall be presented for a vote by the board or agency having final approval authority no later than 270 days after the date of filing of said application, or the same shall be deemed abandoned and denied without any further action by the said board or agency.
§ 123-162 Abbreviation of the duration of certain building permits.
A.
Notwithstanding any other provision of the law or ordinance heretofore enacted by the Town of Boston, all building permits issued by the Town of Boston less than six months prior to the effective date of this chapter shall expire one year after such effective date.
B.
Notwithstanding any other provision of law or ordinance heretofore enacted by the Town of Boston, all building permits issued by the Town of Boston more than six months but less than one year prior to the effective date of this chapter shall expire 270 days after such effective date.
C.
Notwithstanding any other provision of law or ordinance heretofore enacted by the Town of Boston, all building permits issued by the Town of Boston more than one year prior to the effective date of this chapter shall expire 180 days after such effective date.