Westfield City Zoning Code
ARTICLE XIII
Administration and Enforcement
§ 185-61 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer. No building permit shall be issued by him, except where all the provisions of this chapter have been complied with.
§ 185-62 Building permits.
A.
No building or structure shall be erected, or the floor area of an existing building increased, until a permit therefor has been issued by the Code Enforcement Officer and the proposed water supply and sewage disposal systems have been approved by the Chautauqua County Department of Health. Except upon a written order of the Board of Appeals, no such building permit shall be issued for any building where said construction, addition or use thereof would be in violation of any of the provisions of this chapter.
B.
All applications for the building permits shall be in writing, signed by the owner or agent, on forms furnished by the Code Enforcement Officer and shall be filed with the Code Enforcement Officer and shall briefly state:
(1)
Nature and purpose of the building or use sought.
(2)
Description of the property and buildings existing thereon and buildings to be placed thereon.
(3)
Statement of any restrictions by deed or other instrument of record.
(4)
Estimated cost of such improvements.
(5)
Name and address of the building contractor and the plumbing contractor.
(6)
An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable.
(7)
Such other information as the Town Board, the Board of Appeals or the Code Enforcement Officer may require.
C.
Applications for building permits shall be acted upon within a period of 10 days after they are received by the Code Enforcement Officer.
§ 185-63 Farm structures excepted.
The provisions of the foregoing section shall not apply to any farm structure as defined in Article II of this chapter.
§ 185-64 Certificate of zoning compliance.
No land or building shall be changed in use until a certificate of zoning compliance shall have been issued by the Code Enforcement Officer stating that the land, building or other structure or proposed use thereof complies with the provisions of this chapter. 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:
A.
Nature and definite purpose of the use of the land, building or other structure.
B.
Description of the property and buildings or other structures thereon or to be placed thereon.
C.
Statement of any restrictions by deed or other instrument of record.
D.
An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable. In the event that such proposed use conforms to all the provisions of this chapter, a certificate of zoning compliance shall be issued by the Code Enforcement Officer within 10 days, certifying the use of the land, building or other structure, and such issuance shall void any previous certificate of zoning compliance for the same premises.
§ 185-65 Farm use excepted.
The provisions of the foregoing section shall not apply to the use of land or buildings for farm purposes or as a farm structure as defined in Article II hereof.
§ 185-66 Fees.
[Amended 10-10-1990; 3-6-1991; 7-7-1993]
The building permit fee shall be paid when submitting the application. The certificate of zoning compliance fee shall be paid when the certificate is applied for. A fee shall accompany any application to the Town Board or Board of Appeals in any proceeding which shall require a public hearing pursuant to public notice either under the provisions of this chapter or applicable state law. The authority for the Town Board to set and modify these and any other fees authorized in this chapter by resolution is hereby authorized.
§ 185-67 Penalties for offenses.
[Amended 5-1-1980; 3-6-1991; 9-6-1995; 7-1-1998 by L.L. No. 1-1998; 8-4-1999 by L.L. No. 2-1999]
Failure to comply with any provision of this chapter, rules or regulations adapted pursuant to this chapter, or order, shall be deemed a violation, and the violator shall be liable for a fine of not less than $500 nor more than $1,000, or imprisonment for a term not to exceed one year, or both, and each day such violation continues shall be deemed a separate violation.
§ 185-68 Remedies.
In addition to other remedies, the Town Board, either on its own initiative or upon written request of a taxpayer, may institute any appropriate action or proceedings necessary to enforce this chapter.