A.
The Town Building Inspector shall administer and enforce
all provisions of this chapter except where otherwise specifically
provided herein. Whenever any permit is required, the same shall be
applied for and shall be issued in the first instance from the office
of the Building Inspector in accordance with the requirements of this
chapter and other applicable Town, county and state regulations governing
building construction and the issuance of building permits. All permit
applications shall be accompanied by the applicable fee in accordance
with the fee schedule established and annually reviewed by the Town
Board.
B.
Except for an owner-occupied single-family premises,
the Building Inspector 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 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 Building
Inspector.
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. Except as may pertain
to portable and other minor accessory structures, no person shall
commence the erection, construction, enlargement, alteration, removal,
improvement, demolition, conversion or change in the nature or the
occupancy of any building or structure, or cause the same to be done,
without first obtaining a separate building permit from the Building
Inspector for each such building or structure.
(1)
All building permit applications shall be accompanied
by a plot plan or an approved site plan, if applicable, drawn to scale
and accurately dimensioned, showing the location of all existing and
proposed structures on the lot and such other information as may be
required by the Building Inspector to determine compliance with this
chapter and other applicable regulations. In particular, the following
information shall, at a minimum, accompany the application:
(a)
A description of the land on which the proposed
work is to be done.
(b)
A statement of the use or occupancy of all parts
of the land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and the
applicant, and the names and addresses of their responsible officers
if any of them are corporations.
(e)
A brief description of the nature of the proposed
work.
(f)
A triplicate set of plans and specifications.
(2)
Applications shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
(3)
Each application for a building permit shall be accompanied
by a plot plan drawn to scale and showing the location and size of
all proposed new construction and all existing structures on the site,
the nature of the work to be performed and the materials to be incorporated,
distance from lot lines, the relationship of structures on adjoining
property and the widths and grades of adjoining streets, walks and
alleys.
(4)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings. The Building
Inspector may waive the requirement for the filing of detailed plans
where such waiver would not be in conflict with § 7302 of
the Education Law of the State of New York.
(5)
All water supply and sewage disposal installations
shall conform with the Dutchess County Department of Health regulations.
No plot plan shall be approved by the Building Inspector in any zoning
district unless such conformity is certified on the plan. Drainage
affecting adjacent properties shall be considered by the Building
Inspector before issuing a building permit, including possible increase
in stormwater runoff to said properties. The Building Inspector may
request an evaluation of the drainage plan from the Dutchess County
Soil and Water Conservation District. If the Building Inspector has
concerns regarding drainage, grading or erosion control, he may also
refer the plot plan to the Town Engineer.
(6)
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Building
Inspector.
(7)
The Building Inspector may require the applicant to
name the Town as an additional insured during the construction period.
(8)
A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is based for a period of one calendar year.
For good cause, the Building Inspector may allow up to two extensions
for periods not to exceed six additional months each.
(9)
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
(10)
The Building Inspector may order that an approved
building permit be revoked in the following instances:
(a)
Where he finds that there has been any false
statement or misrepresentation as to a material fact in the application,
plans or specifications on which the building permit was based.
(b)
Where he finds that the building permit was
issued in error and should not have been issued in accordance with
the applicable law.
(c)
Where he finds that the work performed under
the permit is not being pursued in accordance with the provisions
of the application, plans or specifications.
(d)
Where the person to whom a building permit has
been issued fails or refuses to comply with a stop order issued by
the Building Inspector.
B.
Issuance of certificates of occupancy or use. Except
as may pertain to portable and other minor accessory structures, no
use shall be established or land or structure occupied or otherwise
used 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. In particular, the following requirements
shall be strictly met:
(1)
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Inspector.
(2)
No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall be occupied or used or, in the case of
an established occupancy, shall continue to be occupied or used for
more than 30 days after the completion of the alteration of work unless
a certificate of occupancy shall have been issued by the Building
Inspector.
(3)
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Building Inspector.
(4)
Before the issuance of a certificate of occupancy,
the Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair, removed, demolish
or change the use or occupancy, and he may conduct such inspections
as he deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued. There shall
be maintained by the Town a record of all such inspections and examinations,
together with a record of findings in violations of the law.
(5)
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
provisions of this chapter and also in accordance with the application,
plans and specifications filed in connection with the issuance of
the building permit, the Building Inspector shall issue a certificate
of occupancy. If it is found that the proposed work has not been properly
completed, the Building Inspector shall refuse to issue a certificate
of occupancy and shall order the work completed in conformity with
the building permit and in conformity with the applicable building
regulations.
(6)
Every certificate of occupancy for which special use
permit or site plan approval has been granted by the Planning Board,
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 Planning Board or 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, on
his own initiative, serve a written notice upon the appropriate person
or persons responsible for such alleged violation. Such notice shall
inform the recipient of the nature and specific details of such alleged
violation and the date of compliance by which the alleged violation
must be remedied or removed, which date shall be not more than 10
days from the date of service of the notice.
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 or persons responsible to suspend work on any such building
or structure or the use of any such land. Such persons shall forthwith
suspend such activity until such time that the stop order has been
rescinded by the Building Inspector. Such order and notice shall be
in writing, shall state the conditions under which the work or use
may be resumed by delivering it personally to him or by posting the
same upon a conspicuous portion of the building under construction
or premises in use. In addition, a copy of the same shall be sent
to the person or persons responsible by certified mail.
E.
Taking of 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 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.
Any costs incurred by such action shall be paid for by the owner,
occupant or person 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 in order to recover the said costs.
As provided by § 268 of the Town Law,
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 shall be considered an offense
punishable by a fine of not more than $350 and/or imprisonment for
not more than six months for each offense. The owner, general agent
or contractor of a building premises, or part thereof, where such
violation has been committed or does exist, and any agent, contractor,
building, architect, corporation or other person who commits, takes
part or assists in such violation, 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
chargeable offense. Such initial notice and subsequent weekly notice
shall be given in writing by the Building Inspector and shall be served
by either certified mail or personal service.
A.
Court action. The imposition of penalties herein prescribed
shall not preclude the Town or any person from instituting an 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 prevent the illegal occupancy of a
building, land or premises.
B.
Citizen 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 stated
herein within a ten-day calendar period following written request
by any taxpayer to so proceed, or if the Town Attorney fails to promptly
initiate a legal action or proceedings, then any three or more residents
and/or property owners within the Town of Stanford 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.
C.
Individual action. Nothing contained herein shall
in any way restrict the right of an aggrieved individual to institute
an appropriate legal action or proceedings on his own behalf for equitable
relief or for damages alleged to have been suffered as a result of
the violation of this chapter.
