The Town Board shall provide for the services of a Building
Inspector III to simultaneously enforce the provisions of this chapter,
the State Energy Conservation Construction Code and the State Uniform
Fire Prevention and Building Code. Such Building Inspector III shall
examine all applications for permits, issue permits and/or certificates
of occupancy for construction and uses which are in accordance with
the requirements of this chapter, record and file all applications
for permits with accompanying plans and documents and make such reports
as may be required. Permits requiring site plan review and special
use approval, however, shall only be issued with approval of the Town
of Montour Planning Board. Likewise, permits requiring variances of
this chapter shall only be issued with approval of the Town of Montour
Zoning Board of Appeals.
A.Â
Whenever a violation of this chapter occurs, any person may file
a complaint in regard thereto. All such complaints must be in writing
and shall be filed with the Building Inspector III, who shall properly
record such complaint and investigate as appropriate. Nothing herein
shall, however, restrict the right of the Building Inspector III to
act on a violation absent a complaint.
B.Â
Should any building or structure be erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land be used in violation of this chapter, the Town Board or the
Building Inspector III, in addition to other remedies, may institute
an appropriate action of proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
C.Â
Noncompliance of this chapter shall be a violation under the State
Criminal Procedure Law and State Penal Law subject to the penalty
of a fine not to exceed $250 per violation. Each day of noncompliance
shall be deemed a separate violation.
D.Â
The Building Inspector III or designated representative, as the case
may be, is hereby authorized to issue appearance tickets pursuant
to the Criminal Procedure Law in the enforcement of this or any related
laws of the Town of Montour.
E.Â
Any person who violates this chapter or any notice or order of the
Building Inspector III made pursuant to this chapter or any other
law of the Town shall be liable for a civil penalty not to exceed
$200 for each day or part thereof that such violation continues. The
civil penalties provided for by this subsection shall be recoverable
in an action instituted in the name of the Town.
The Town Board shall, by resolution, establish and periodically
update a schedule of uniform fees, charges and expenses associated
with the administration and enforcement of this chapter. Such schedule
may provide for the assessment to applicants of professional costs
incurred in the processing and/or review of the applications made
pursuant to this chapter.
