[Amended 9-26-2005 by L.L. No. 8-2005]
The Town Director of Planning and Zoning shall
administer and the Town Building Inspector and/or the Town Zoning
Enforcement Officer shall enforce all provisions of this chapter except
where otherwise herein specifically required. Whenever any permit
is required herein, the same shall be applied for and shall be issued
in the first instance from the office of the Town Building Inspector
in accordance with the requirements of this chapter and applicable
Town regulations governing building construction and the issuance
of building permits.[1]
[Amended 9-26-2005 by L.L. No. 8-2005]
The Building Inspector and/or the Zoning Enforcement
Officer shall have the right to enter upon, examine and inspect, or
cause to be entered, examined and inspected, any building or property
at any reasonable time for the purpose of carrying out his/her duties
and to determine compliance with the provisions of this chapter. A
written report of each such examination and inspection shall be prepared
on an appropriate form and kept on file by the Town Building Department.
In addition to all other authority conferred
by law, the Building Inspector shall have the following powers and
duties with respect to this chapter:
A.
Issuance of building permits. No building or structure
shall be erected, altered, reconstructed or enlarged until the Building
Inspector has issued a building permit stating that the proposed use
and structure comply with all applicable provisions of this chapter.
B.
Issuance of certificate of occupancy.
(1)
No use shall be established or land or structure
occupied until the Building Inspector has issued a certificate of
occupancy stating that the use, land and structure comply with all
applicable provisions of this chapter.
(2)
More particularly, no certificate of occupancy
shall be issued for any special use of a building or of land requiring
special use permit approval by the Planning Board unless and until
such special permit or site plan approval has been granted by the
Planning Board. Every certificate of occupancy for which a special
use permit or site plan approval has been granted, or in connection
with which a variance has been granted by the Board of Appeals, shall
contain a detailed statement of any condition to which the same is
subject and shall include, by attachment, a copy of such Board of
Appeals decision.
C.
Issuance of notices of violation. Whenever, in the opinion of the Building Inspector, after proper examination and inspection, there appears to exist a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall serve a written notice upon the appropriate person(s) responsible for such alleged violation. Such notice shall be served in accordance with the requirements of § 219-105 herein.
D.
Issuance of stop orders. Whenever the Building Inspector
has reasonable grounds to believe that work on any building or structure
or any use of land is occurring either in violation of the provisions
of this chapter, not in conformity with any application made, permit
granted or other approval issued hereunder, or in an unsafe or dangerous
manner, the Building Inspector shall promptly notify the appropriate
person(s) responsible to suspend work on any such building or structure
or the use of any such land. Such person(s) shall forthwith suspend
such activity until the stop order has been rescinded. Such order
and notice shall be in writing, shall state the conditions under which
the work or use may be resumed and may be served upon the person(s)
whom it is directed either by delivering it personally to him or by
posting the same upon a conspicuous portion of the building under
construction or premises in use and additionally sending a copy of
the same by registered mail.
E.
Emergency action. If, in the opinion of the Building
Inspector, a violation exists which requires immediate action to avoid
a direct hazard or imminent danger to the health, safety, morals or
welfare of occupants of a building or to other persons, the Building
Inspector may direct such violation immediately remedied or may take
direct action on his own initiative to abate the hazard or danger.
Any costs incurred by such action shall be paid for by the owner,
occupant or person(s) responsible for the violation. The Building
Inspector shall keep on file an affidavit stating, with fairness and
accuracy, the items of expense and date of execution of action taken,
and is furthermore authorized to institute a suit, if necessary, against
the person liable for such expenses or place a lien against property
in order to recover said costs.
[Amended 9-26-2005 by L.L. No. 8-2005]
A notice of violation of any provision of this
chapter or any rule or regulation adopted pursuant thereto may be
served by the Building Inspector and/or the Zoning Enforcement Officer
and shall inform the recipient of:
A.
The nature and specific details of such violation.
B.
Recommended remedial action which, if taken, will
effect compliance with the provisions of this chapter and with rules
and regulations adopted pursuant thereto.
C.
The date of compliance by which the violation must
be remedied or removed.
D.
The recipient's right to a hearing before the building
inspector, as provided below.
Any person served with such notice of violation
and who denies the existence of the violation or is allegedly aggrieved
by the required action necessary for compliance may, within 10 days
of service of notice, request in writing a hearing before the building
inspector, specifically noting the reasons why such hearing is requested.
A.
Within 10 days after receipt of such request for a
hearing, the building inspector shall acknowledge receipt in writing
and set a time and place for such hearing not later than 30 days after
the date such request was received. Such hearing may be postponed
beyond the thirty-day limit for just cause, with notice of such postponement
served. At such hearing, the person requesting the hearing shall be
required to show cause or give evidence why he should not be required
to remedy the violation or why he is unable to comply with the remedial
action outlined in the notice of violation.
B.
After consideration of all testimony given at such
hearing, the building inspector shall either sustain, withdraw or
modify the notice of violation as originally served. If the notice
is sustained or modified, the building inspector shall set a new compliance
date either consistent with the original notice of violation or extended,
as appropriate. Such extension shall only be permitted if there exists
both reasonable evidence of intent to comply and reasonable conditions
which prevent compliance by the previously specified date.
[Amended 10-12-1990 by L.L. No. 4-1990]
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 is hereby
declared to be an offense punishable by a fine not exceeding $350
or imprisonment for a period not to exceed six months, or both, for
conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and, upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. The owner, general agent or contractor of a building premises
or part thereof where such a violation has been committed or does
exist, and any agent, contractor, architect, builder, corporation
or other person who commits, takes part or assists in such violations,
shall be liable for such an offense. All such penalties shall be collectible
by and in the name of the town; each and every week that any such
violation continues, after notification that such violation exists,
shall constitute a separate offense. Such notice shall be given in
writing by the building inspector and shall be served by registered
mail or personal service.
B.
However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations.
A.
Court action. The imposition of penalties herein prescribed
shall not preclude the town or any person from instituting appropriate
legal action or proceedings in a court of competent jurisdiction to
prevent an unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use or to restrain by injunction,
correct or abate a violation or to prevent the illegal occupancy of
a building, land or premises.
B.
Taxpayer action. If the building inspector fails or
refuses to act upon or refer a violation of this chapter to the Town
Attorney for legal action in accordance with the provisions contained
herein within a ten-calendar-day period following written request
by any taxpayer to so proceed, then any three or more taxpayers of
the Town of Schodack may institute appropriate legal action in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of this chapter.
