§ 155.205  PERFORMANCE STANDARDS.
   (A)   Application of performance standards. After the effective date of this chapter:
      (1)   Any use established or changed to, and any building, structure or land developed, constructed or used for any permitted principal use, or any use permissible as a special exception, or any accessory use, shall comply with all of the performance standards herein set for the district involved;
      (2)   If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards for the district involved shall apply with respect to the extended, enlarged or reconstructed portion or portions of the use, building or other structures; and
      (3)   Within periods as listed below, all presently existing uses of lands, buildings or other structures shall comply with the performance standards herein: within a reasonable time in light of the nature of the violation in the Residential District and within 1 year in the Commercial District.
   (B)   Administration of performance standards; intent concerning determinations involved in administration and enforcement of performance standards.
      (1)   Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement.
      (2)   It is the intent of this chapter that:
         (a)   Where determination can be made by the Building Commissioner using equipment normally available to the town or obtainable without extraordinary expense, determinations shall be so made before notice of violation is issued; and
         (b)   Where technical complexity or extraordinary expense makes it unreasonable for the town to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and for protecting the general public from unnecessary costs for administration and enforcement.
   (C)   Performance standards relating to emission of smoke, fire and explosive hazards where flash point of flammable materials is known, humidity, heat, glare and electromagnetic interference.
      (1)   If the Building Commissioner finds, after making determinations in the manner set forth in §§ 155.197 through 155.202 that there is violation of performance standards relating to emission of smoke, fire and explosive hazards where flash point of flammable materials is known, humidity, heat, glare or electromagnetic influence, he or she shall take or cause to be taken lawful action to cause correction to within the limits set by the performance standards.
      (2)   Failure to obey lawful orders concerning the correction shall be punishable as provided in § 155.065.
   (D)   Performance standards relating to measurement of particulate matter, vibration, noise, fire and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter and radiation hazards.
      (1)   If, in the considered judgment of the Building Commissioner there is probable violation of the performance standards as set forth in §§ 155.197 through 155.202 concerning emission of particulate matter, vibration, noise, fire and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter or radiation hazards the following procedure shall be followed.
         (a)   The Building Commissioner shall give written notice, by registered mail to the person or persons responsible for the alleged violation.
         (b)   The notice shall describe the particulars of the alleged violation and the reasons why the Building Commissioner believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Building Commissioner within a reasonable time limit set by the Building Commissioner, taking into account weather conditions.
         (c)   The notice shall state and it is hereby declared, that failure to reply or to correct the alleged violation to compliance with this chapter within the time limit set constitutes admission of violation of the terms of this chapter.
         (d)   The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this chapter will be made, and that if violations as alleged are found, costs of the determinations shall be charged against those responsible for the violation, in addition to other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the town.
         (e)   If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the Building Commissioner, he or she shall note “violation corrected”on his or her copy of the notice and shall retain it among his or her official records, taking other action as may be warranted.
         (f)   If there is no reply within 30 days of receiving the letter (thus establishing admission of violation) and the alleged violation is not corrected to the satisfaction of the Building Commissioner within the time limit set, he or she shall proceed to take or cause to be taken action as is warranted by continuation of a violation after notice to cease.
         (g)   If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Building Commissioner, but requesting additional time, the Building Commissioner may grant an extension if he or she deems it warranted in the circumstances of the case and if the extension will not, in his or her opinion, cause immediate peril to life, health or property.
         (h)   If reply is received within the time limit set requesting technical determination as provided in this chapter and if the alleged violations continue, the Building Commissioner may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation, in addition to other penalties as may be appropriate under the terms of § 155.065.
      (2)   If no violation is found, the costs of the determinations shall be paid by the town without assessment against the properties or persons involved.
(Ord. 208, passed 12-19-1983)  Penalty, see § 155.999