(A) Enforcement. An Administrative Officer to be appointed by the Town Board is hereby designated and authorized to enforce this chapter.
(B) Improvement location permit application.
(1) Permit required. No building or other structure shall be erected, moved, added to or structurally altered nor shall any building structure or land be established or changed in use without a location permit issued by the Plan Commission. No improvement location permit shall be issued by the Plan Commission except in conformity with the provisions of this chapter, unless by written order of the Board of Zoning Appeals in the form of an administrative appeal, review, special exception use or variance as provided by this chapter.
(2) Application for an improvement location permit. All applications for improvement location permits shall be accompanied by plans drawn to scale showing the following items: the actual dimensions and shapes of the lot to be built upon; the exact sizes and locations of the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application should include any other information as lawfully may be required by the Plan Commission, including existing or proposed building or alteration; existing or proposed uses of the building and land; number of families, number of units or rental units the building is designed to accommodate; conditions existing on the lot; building setback distances from property lines, and other matters as may be necessary to determine conformance with and provide the enforcement of this chapter. The plans shall be retained by the Plan Commission.
(3) Floodplain development permit required. No improvement location permit shall be issued for the erection, extension, conversion or structure alteration of a building located with special flood hazard area without compliance with the Town of Albany's Flood Damage Prevention Ordinance, including, but not limited to obtaining a floodplain development permit.
(4) Expiration of permit.
(a) Initiation of work. If the work described in any improvement location permit has not begun within 12 months from the date of issuance thereof, the permit shall expire and shall be cancelled by the Commission. If visible work has not begun in one year, the permit is void.
(b) Completion of work. If the work described in any improvement location permit has not been completed within two years of the date of issuance thereof, the permit shall expire and be cancelled by the Planning Commission or the Administrative Officer and written notice thereof shall be given to the persons affected, together with notice that future work as described in the cancelled permit or an extension shall not proceed unless and until a new permit has been obtained.
(c) Failure to obtain an improvement location permit. Failure to obtain an improvement location permit is required by this chapter shall be deemed a violation of this chapter and shall be subject to the fine of $100.
(d) Limitation on improvement location permit. Improvement location permits issued on the basis of plans and applications approved by the Administrative Officer authorize only the use for arrangements set forth in such approved applications or amendments, and no other use, arrangements or construction is permitted. Any use, arrangement or construction contrary to that authorized shall be deemed a violation of this chapter and shall be subject to a $100 fine.
(e) Records of improvement location permits. Every improvement location permit issued pursuant to this section shall be kept on file in the Town Hall for the period as specified by the Indiana Code and shall be available as public record.
(5) Official schedule of fees.
(a) The Plan Commission shall maintain the official schedule fees, charges and expenses, as set forth periodically by the Town Council, and a collection procedure for permits, appeals and other petitions pertaining to this chapter. Schedule of fees shall be available to the public in the Town Hall and may be altered or amended only by ordinances of the Town Council.
(b) All applicable fees, charges and expenses shall be paid in full by the applicant or owner when the improvement location permit is issued.
(c) Any person or persons who initiate construction of a structure prior to obtaining an improvement location permit or any other required permit shall be subject to the fees and penalties of $100.
(C) Certificate of Occupancy.
(1) It shall hereby be declared unlawful and in violation of provisions of this chapter for any builder or property owner to allow for any structure (for which an improvement location permit has been legally obtained) to become occupied prior to the following:
(a) Passing a final inspection by the Administrative Officer; and
(b) Receiving a Certificate of Occupancy permit from the town.
(2) A Certificate of Occupancy shall be required for:
(a) New construction or improvement. It shall be unlawful to use or occupy, or to permit the use for occupancy of, any building or premises, or both, are part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy has been issued by the Administrative Officer. The Certificate of Occupancy shall state that the proposed use of the building and/or land conforms to the requirements of this chapter and that the Administrative Officer or his or her representative has inspected the property and attested to that fact.
(b) Change of occupancy. No persons, firms or corporations shall move into or occupy any nonresidential structure or land, new or existing, without first obtaining a Certificate of Occupancy from the Administrative Officer.
(c) Issuance of Certificate of Occupancy. Certificates of Occupancy may be issued by the Administrative Officer within ten days after notification by the applicant that the lawful erection, reconstruction or structural alteration of the building or other improvement of the land have been completed, or that the use of the building or premises will change, or that the occupancy of the building or premises will change; and the finding of the Administrative Officer that such construction, change of use, or change of occupancy conforms to the requirements of this chapter.
(d) Records of Certificate of Occupancy. Every Certificate of Occupancy issued pursuant to this section shall be kept on file in the Town Hall for the period as specified by the Indiana Code and shall be available as public record.
(D) Inspection for compliance. All permits shall be subject to inspection for compliance after issuance of permit.
(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06; Am. Ord. 2015-29, passed 10-26-15)