§ 170.10   VIOLATIONS, ENFORCEMENT AND PENALTIES
   (A)   Violations. Failure to obtain either an Improvement Location Permit or a certificate of occupancy shall be a violation of this Chapter and will be punishable under the provisions of this Chapter.
      1.   Improvement Location permit or certificate of occupancy issued on the basis of plans and applications approved by the Building Commissioner authorize only the use or arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a violation of this Article and be punishable under the provisions of this Chapter.
   (B)   Complaints Regarding Violations. Any person may register a complaint with the Building Commissioner whenever a violation of this Article occurs or is alleged to have occurred.
   (C)   Penalties and Enforcement.
      1.   Improvement Location Permits 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 permit issued by the Building Commissioner. Zoning permits shall be issued only in conformity with the provisions of this Chapter unless the Building Commissioner receives a written order from the Board of Zoning Appeals deciding an appeal, special exception use (or conditional use) or variance. Zoning permits will only be granted when the proposed use is in total conformance with the provisions of this Chapter. Too often a Building Commissioner grants variances for minor deviations from regulations when it is clearly outside his area of responsibility. These should be left to the Board of Zoning Appeals.
      2.   Contents of Application for Improvement Location Permit. The application for an improvement location permit shall be made in triplicate and signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. Each application shall clearly state that the permit shall expire and be revoked if work has not begun within one (1) year or substantially completed within one (1) year.
         a.   The following information is the minimum required:
            i.   name, address, and phone number(s) of applicant
            ii.   legal description of property
            iii.   existing and proposed use
            iv.   zoning district
            v.   plans in duplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration.
            vi.   building heights
            vii.   number of off-street parking spaces or loading berths.
            viii.   number of dwelling units.
            ix.   any other matters which may be necessary to determine conformance with, and provide for the enforcement of this Chapter.
      3.    Approval of Improvement Location Permit. Within fifteen (15) days after the receipt of an application, the Building Commissioner shall either approve or disapprove the application. One set of the plans shall be returned to the applicant by the Building Commissioner and either be marked "approved" or "disapproved" and the Building Commissioner's signature on the copy should attest. One set of the plans, similarly marked, should be retained by the Building Commissioner. If the application is approved, the Building Commissioner shall issue a placard to the applicant. It is to be posted in a conspicuous place on the property in question and will attest to the fact that the use or alteration is in compliance with the provisions of this Chapter. This section puts a time limit on the Building Commissioner to expedite the matter. It also allows that both the applicant and Building Commissioner shall have approved or disapproved, copies of the application to avoid complications at a later date. It also allows for the Improvement Location permit placard to be placed on properties which have been approved. This helps to avoid unnecessary phone calls regarding the activity.
      4.   Expiration of the Improvement Location Permit.
         a.   If work has not begun one (1) year from the date of issuance of the improvement location permit, that permit shall expire and be revoked by the Building Commissioner. If same work has not been substantially completed within one (1) year from the date of issuance of the Improvement Location permit application that permit shall expire and be revoked by the Building Commissioner.
         b.   Written notice shall be given to the applicants with stipulation that work may not begin or continue (whichever case applies) until a new improvement location permit has been obtained. This section puts a time limit on the applicant to avoid lingering construction situations and hardships.
      5.   Certificate of Occupancy. It shall be unlawful to use, occupy or permit the use or occupancy of any residential building or premises following any period of vacancy, and no certificate of occupancy shall be issued, until such time as the Building Commissioner, his agents and designees, inspect the premises to insure compliance with the building code, the fire code, the electrical code and this Chapter. ''Vacancy" shall be defined to mean any change in use or occupancy by any previous resident.
(Amended by Ord. No. 1998-9, passed July 20th, 1998)
      6.   Record of Improvement Location Zoning Permits and Certificates of Occupancy. The Building Commissioner shall maintain a complete record of all Improvement Location permit and Certificates of Occupancy and copies shall be furnished or presented for review to any person making a request. The Building Commissioner should have readily available the pertinent information to any case his office has handled. The purpose is to avoid legal complications at a later date.
      7.   Failure to Obtain an Improvement Location Permit or Certificate of Occupancy. Failure to obtain either an Improvement Location Permit or a Certificate of occupancy shall be a violation of this Chapter and will be punishable under the provisions of this Chapter.
      8.   Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates. Improvement Location Permits and Certificates of Occupancy issued on the basis of plans and applications approved by the Building Commissioner authorize only the use or arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a violation of this Chapter and be punishable under the provisions of this Chapter. Any use, construction, or arrangement that is not listed in the approved application for the Improvement Location Permit is not allowed. The project that is approved must be the project that is constructed, otherwise changes might cause the final use to not conform to this Chapter.   
      9.   Penalties for Violation. Violations of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a common nuisance. Any person who violates this Chapter or fails to comply with any of its requirements shall be fined as set forth in Section 10.99, in addition to a fine equal to all costs and expenses involved in the case, including but not limited to attorneys fees.
   Each day such violation continues after receipt of a notice of violations, shall be considered a separate offense. The owner or tenant of any building, builder, contractor, agency, or other person who commits, participates in, assists in, or maintains such violations may each be found responsible of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation.
   (D)   Schedule of Fees, Charges, and Expenses. The Town Council shall, by Ordinance or Resolution, establish a schedule of fees, charges, and expenses and a collection procedure for Improvement Location, Occupancy, and Earthwork permits, amendments, appeals, variances, special exception applications, and other matters pertaining to the administration and enforcement of this Chapter requiring investigations, legal, advertising, postage, and other expenses. The schedule of fees shall be posted in the office of the Building Commissioner and may be altered or amended only by the Town Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
Schedule of Fees, Charges and Expenses
Schedule of Fees, Charges and Expenses
Improvement Location Permit:
Dwelling
Room Addition
Accessory Building
Commercial
$20.00
10.00
5.00
30.00
Occupancy Permit
5.00
Earthwork Permit
5.00
Application for Appeal (Board of Zoning Appeals)
10.00
Application for Special Exception (Conditional Use)
10.00
Application for Variances
10.00
Petition for Amendment to the Articles
20.00
Preliminary Plat
25.00 plus 5.00 per lot
Inspection of Improvements
25.00