Town of North Collins, NY Article XI Administration and Enforcement

§ 265-39 Administrative and enforcement officer.

Unless otherwise provided, the provisions of this chapter shall be administered and enforced by the Code Enforcement Officer of the Town of North Collins. The Code Enforcement Officer shall keep a complete file of all applications, permits, orders, certificates, requirements and decisions affecting each and every application filed with the Town of North Collins pursuant to this chapter.

§ 265-40 Building permit required.

A. The provisions of the New York State Uniform Fire Prevention and Building Code and other applicable regulations of the Town of North Collins shall control the issuance of building permits. In addition to such provisions, every application for a building permit shall be accompanied by a plat, in duplicate, drawn to scale, showing the dimensions of the plot to be built upon, the size and location of the building on the plot and such other information as may be necessary to provide for the enforcement of the regulations contained in this chapter. Each application for a building permit shall also be accompanied by the required fee, as set forth from time to time by resolution of the Town Board.

[Amended 12-4-1991 by L.L. No. 2-1991[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. No building permit shall be issued unless the provisions of this chapter are complied with.

§ 265-41 Certificate of zoning compliance required.

A. No permit for excavation for or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of zoning compliance.

B. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of zoning compliance shall have been issued by the Code Enforcement Officer stating that the building or proposed use thereof complies with the provisions of this chapter.

C. 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:

(1) The nature and definite purpose of the building or use.

(2) A description of the property and the buildings thereon and to be placed thereon.

(3) A statement of any restrictions by deed or other instrument of record.

(4) An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable.

D. In addition, upon written request by the property owner or his duly authorized agent, the Code Enforcement Officer shall inspect any building, other structure or tract of land existing on the effective date of this chapter and shall issue a certificate of zoning compliance therefor, certifying:

(1) The use of the building, other structure or tract of land.

(2) Whether such use conforms to all the provisions of this chapter.

§ 265-42 Inspections.

The Code Enforcement Officer is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order except to correct the violation or to comply with such order.

§ 265-43 Penalties for offenses.

A. Penalties.

(1) A violation of this chapter or any regulation adopted hereunder 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. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or any regulation adopted hereunder shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

[Amended 12-4-1991 by L.L. No. 2-1991[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) A person shall be subject to the penalties imposed by this section and § 268 of Article 16 of the Town Law in any case where an order to remove any violation of any of the provisions of this chapter has been served by the Code Enforcement Officer upon the owner, general agent, lessee or tenant of the building, other structure or tract of land, or any part thereof, or upon the architect, builder, contractor or anyone who commits or assists in any such violation and such person shall fail to comply with such order within 10 days after the service thereof. Each weeks continued violation shall constitute a separate additional violation and shall be punishable hereunder.

B. Other remedies. In addition to the foregoing remedies, the Town of North Collins may institute any appropriate action or proceeding to prevent or restrain any violation of this chapter.