A.
Any building or structure erected or use commenced after the effective
date of this chapter must comply with its provisions. Such new buildings,
structures or uses which do not conform to the provisions of this
chapter may be removed or halted after issuance of an injunction by
the Town Board. Any building or structure made unusable through deterioration,
fire or other cause may be removed after issuance of an injunction
by order of the Town Board after one month from the notice to the
landowners that the Town intends to remove the structure. The cost
of removal may be recovered directly from the owner or may be billed
concurrently with the Town tax on the property. The cost of removal
will be borne by the owner.
B.
State environmental quality review (SEQR).
(1)
The State Environmental Quality Review Act requires that local governments
examine the environmental impact of all actions they permit, fund
or construct. (NOTE: See § 8-0101 et seq. of the Environmental
Conservation Law.) Article 8 of the Environmental Conservation Law
and Part 617 of Title 6 of the New York Codes, Rules and Regulations
are hereby adopted by reference.
(2)
All Type I actions (6 NYCRR 617) shall require the submission and
review of an environmental assessment form.
(3)
For zoning actions reviewed by the Town, the following bodies shall
be SEQR lead agency, unless otherwise delegated by the Town Board:
(4)
If, in the opinion of the SEQR local lead agency, after review of
the environmental assessment form, there appears the potential for
a significant environmental impact, the lead agency may cause the
applicant to prepare a draft environmental impact statement. Review,
notice and action on the environmental impact statement shall be conducted
using 6 NYCRR 617.
A.
At the time an application for permit approval is filed, a fee to
be determined from a schedule of fees adopted by the Town Board by
resolution shall be paid. Additional fees may be imposed to cover
costs of inspections, professional reviews and SEQR compliance, as
well as the expenses connected with notices and hearings.
B.
The fee schedule included at the end of this chapter will remain
in effect until the Massena Town Board changes such fees by Board
resolution. The applicant should check with Town Clerk to verify Town
fees.
C.
Certificates of occupancy.
(1)
Certificate required.
(a)
It shall be unlawful for an owner to use or permit the use of
a building or premises or part thereof hereafter created, erected,
changed, converted, restored, enlarged or moved, wholly or partly,
in its use or structure, until a certificate of occupancy shall have
been issued by the Code Enforcement Officer. Such certificate shall
show that such building or premises or part thereof and the proposed
use thereof are in conformity with the provisions of this chapter.
It shall be the duty of the Code Enforcement Officer to issue a certificate
of occupancy, provided that the building and the proposed use thereof
conform to all the requirements herein set forth.
(b)
No use or occupancy of a building or structure may be commenced
until a certificate of occupancy has been issued for that building
or structure. A temporary certificate of occupancy may be issued by
the Code Enforcement Officer if the building or structure or a designated
portion of a building or structure is sufficiently complete so that
it may be put to the use for which it is intended. A temporary certificate
of occupancy shall expire in six months, but it may be renewed once.
(c)
A certificate of occupancy shall be deemed to authorize and
be required for both initial occupancy and the continued occupancy
and the use of the building or land to which it applies.
(2)
Application for a certificate of occupancy for a new building or
for an existing building which has been altered shall be made, on
forms furnished by the Code Enforcement Officer, after erection of
such building or part thereof has been completed. In the case of a
new building, such application shall be accompanied by a survey prepared
by a licensed land surveyor or engineer showing the location of all
buildings as built.
(3)
If the proposed use is in conformity with the provisions of this
chapter and all other applicable codes, laws and ordinances, a certificate
of occupancy for the use of vacant land or for a change of use shall
be issued by the Code Enforcement Officer within 10 days after receipt
of a properly completed application. If a certificate of occupancy
is denied, the Code Enforcement Officer shall state the reasons, in
writing, to the applicant.
(4)
A record of all permits and certificates of occupancy shall be kept
in the office of the Code Enforcement Officer.
D.
Construction commencing prior to enactment of this chapter. All permits
for buildings and structures issued prior to the enactment of this
chapter which are contrary to the provisions of this chapter shall
be null and void unless the construction of said building has been
substantially commenced prior to the enactment of this chapter. If
building operations are discontinued for a period of 12 months, any
further construction shall be in conformity with the provisions of
this chapter.
A.
Violation of any provision or requirement of this chapter or violation
of any statement, plan, application, permit or certificate of occupancy
under the provisions of this chapter shall be considered an offense
punishable by a fine of not less than $100 and not more than $250
and/or imprisonment for not more than six months for each offense.
B.
The owner, general agent or contractor of a building, premises or
part thereof where such violation has been committed or does exist
shall be guilty of such offense.
C.
Any agent, contractor, architect, builder, corporation or other person
who commits, takes part or assists in such violation shall also be
guilty of such offense.
D.
Each and every week that any such violation continues after notification
that such violation exists shall constitute a separate offense. Such
notice shall be written by the Code Enforcement Officer and shall
be served by mail or by personal service.
E.
The imposition of penalties herein prescribed shall not preclude
the Town or any person from initiating appropriate legal action or
proceeding to prevent unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use to restrain, correct
or abate a violation or to prevent the illegal occupancy of a building,
land or premises.
