Purpose. The purpose is to determine compliance with the provisions of this chapter. No person shall erect, remodel, alter or convert any structure or building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter until a building permit has been issued by the Zoning Officer.

Application for permits. All such applications shall be accompanied by plans, in triplicate, drawn to scale, showing the actual shape and dimensions of the lot or lots to be built upon; its block and lot number, as recorded; the date of official record of any lot or lots on which the construction is proposed; the exact size and location of any building, sign, parking or loading area or other physical feature existing or proposed on the lot; the existing and intended use of each building or part of a building; the number of families, dwelling units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate; a written request for equivalent dwelling unit allocation (WREA) in accordance with Chapter 119, where connection to the public sanitary sewer system is required or requested; and other such information as may be necessary to determine compliance with this chapter, together with a filing fee in accordance with the schedule annually fixed by resolution of the Council. One copy of such plans shall be returned to the owner when such plans shall be approved; one copy each of all applications, with accompanying plans and documents, shall become a public record after the permit is issued or denied; and one copy shall be delivered to the Erie County Assessment Office.

Issuance of permits. It shall be the duty of the Zoning Officer to issue a building permit, provided that he/she is satisfied that the structure, building, sign, and parking area of the premises, and the proposed use thereof, conform with all requirements of this chapter, and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured thereof. All building permits shall be issued in triplicate, and one copy shall be kept conspicuously on the premises affected, and protected from the weather, whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operations has been displayed as required by this chapter, nor shall they perform building operations of any kind after notifications of the revocation of said building permit. A building permit shall remain in force for one year from the date of the issuance thereof and must be renewed thereafter by applying for a new permit.

Denial of permits.

Revocation of permits. If it shall appear at any time, to the Zoning Officer that the application or accompanying plot is in any material respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him/her under existing laws or ordinances, he/she may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Officer. After the building permit has been revoked, the Zoning Officer may, in his/her discretion, before issuing a new permit, require the applicant to file an indemnity bond in favor of the Township with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force, and in a sum sufficient to cover the cost of removing the building if it does not so comply.

Septic permits.

Substantial completion. The outside of all new structures for which a building permit has been issued shall be substantially completed within one year from the date construction is started. "Substantially completed" shall be construed to mean that the applicable outside parts, such as foundation, roof and exterior walls, are finished, including painting, siding, masonry or other desired methods, and that all exterior doors and windows are installed. It shall also mean that the lot shall be cleared of debris and graded. Should the structure not meet this criteria within the one-year period, then the applicant must make a new application with the Zoning Officer to renew the building permit.

Demolition permits.

For new uses. After completion of the whole building or structure and upon sworn application by the owner or his duly authorized agent, setting forth such facts as the Zoning Officer may require, and after actual inspection of the premises by the Zoning Officer, he/she shall, upon finding the facts to be as represented, issue, in duplicate, an occupancy permit, certifying that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the permit, which purposes shall conform with the requirements of this chapter. No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any persons desiring to change the use of his premises shall apply to the Zoning Officer for an occupancy permit, setting forth such facts as may be required. A record shall be kept of all occupancy permits issued, and the original applications for building permits. No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passing of this chapter, without first procuring an occupancy permit, provided that an occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in the personnel or tenants or occupants.

For existing uses. Upon written request from the owner, tenant or occupant, the Zoning Officer, after inspection, shall issue an occupancy permit for an existing use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such use conforms with the provisions of this chapter.

Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon, after which such violation can be appealed to the Zoning Hearing Board within a thirty-day period.

Enforcement remedies. In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter or the code, the governing body or, with the approval of the governing body, an officer of the municipality, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent in or about such premises any act, conduct, business or use constituting a violation.

Enforcement penalties. Any person, partnership or corporation who or which shall be adjudged to have violated the provisions of this chapter or the code shall be subject to a judgment of not more than $500, court costs and attorney's fees. Each day that a violation continues shall constitute a separate offense, except when a party is considered to be involved in good faith efforts to correct the nonconforming condition, in which case one violation shall be assessed during the first five days of the nonconformity, after which each continuing violation shall constitute a separate offense. District Justices shall have initial jurisdiction in proceedings brought under this section. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable Rules of Civil Procedure. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.