Town of Pendleton, NY
Niagara County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 3-6-1984; 8-24-1994]
This chapter shall be enforced by the Code Enforcement Officer who shall be appointed by the governing body of the Town of Pendleton. No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer except where there is compliance with all provisions of this chapter.
It shall be the duty of the Code Enforcement Officer in connection with this chapter to do the following:
A. 
Make a record of nonconforming uses.
B. 
Issue building permits and certificates of occupancy or refuse to issue the same and give the reasons for such refusal, in writing, to the applicant.
C. 
Keep a record of all applications for building permits and a record of all building permits issued with a notation of all special conditions involved.
D. 
Keep the Town Board informed and advised of all matters, other than routine matters, in connection with this chapter.
E. 
Submit such reports as may be deemed necessary by the Town Board.
F. 
Whenever possible, advise and assist persons applying for building permits with the preparation of their applications.
G. 
Secure warrants and prosecute violators of the provisions of this chapter.
H. 
Serve all notices that may be required to be served in connection with this chapter.
I. 
Make recommendations for keeping this chapter and the accompanying Zoning Map up to date.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Town Clerk.
J. 
Bring all applications for mobile home parks to the Planning Board for its review and recommendation, prior to the issuance of a building permit.
K. 
Inspect new construction during and/or after construction and inspect changes of use to ensure conformity with the provisions of this chapter.
A. 
No excavation for a building or structure shall be made, no building materials shall be stored on the premises, nor shall any building or structure be erected, added to or structurally altered until a building permit has been issued by the Code Enforcement Officer. No building permit shall be issued for any building where such construction, additions, alteration or use would be in violation of any provision of this chapter or the New York State Uniform Fire Prevention and Building Code for up to 30 days after a written variance is granted by the Board of Appeals and filed in the office of the Town Clerk. The Code Enforcement Officer may delay issuing the building permit for up to 30 days if an appeal of the variance action is pending.
B. 
The application for a building permit shall be made on a form obtained from the Code Enforcement Officer. It shall include a statement of the material to be used, an estimate of the cost, the location, the proposed use, and the sanitation facilities to be provided (if any are needed). Such permit shall be valid for a one-year period only. The fee for renewal of the permit shall be defined as the original application fee.
[Amended 6-7-2005]
C. 
All applications for building permits for mobile home parks along with two copies of a layout or plot plan, drawn to scale and showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and accessory buildings, the size and location of all new buildings that are to be erected and the location of adjoining street right-of-way lines and such other information as may be necessary to determine and provide for the enforcement of this chapter shall be transmitted by the Code Enforcement Officer to the Planning Board for its review and recommendation. The sanitation, sewerage and waste disposal facilities shall comply with the standards approved by the County and State Health Departments.
D. 
One copy of the layout or plot plan shall be returned to the applicant when approved, in writing, by the Planning Board, and a building permit shall then be granted by the Code Enforcement Officer after the receipt of the appropriate fee (see fee schedule).
E. 
All building permit fees shall be doubled when excavation for a building or structure is made without a permit or when building materials are stored on the premises without a permit or when any building or structure is erected, added to or structurally altered without a permit.
F. 
The Code Enforcement Officer shall attempt to notify at least two adjacent property owners when an application for a building permit has been filed. Failure of such adjacent property owners to receive such notice prior to the Planning Board's review shall not be a basis for invalidating the building permit nor be a basis for contesting the actions of the Code Enforcement Officer, Town Clerk, Planning Board, Board of Appeals or the Town Board in regard to the issuance or withholding of the building permit. (This does not apply to single-family detached dwellings or two-family dwellings.)
A. 
No building hereafter erected, altered or extended shall be used, occupied or changed in use nor shall any land hereafter be occupied if changed in use until a certificate of occupancy has been issued by the Code Enforcement Officer stating that the building or proposed use complies with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
B. 
No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Code Enforcement Officer.
C. 
Certificates of occupancy shall be issued within 10 days after the erection, alteration or change in use has been inspected and approved by the Code Enforcement Officer as complying with the provisions of this chapter.
D. 
The Code Enforcement Officer shall maintain a record of all certificates of occupancy and copies be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
A temporary certificate of occupancy for not more than 60 days for a part of a building may be issued by the Code Enforcement Officer.