The following sections of the Energy Code are hereby amended as set forth in this Section 5- 10-2. Subsequent section numbers used in this Chapter shall refer to like numbered sections of the Energy Code:
C101 1 Delete Section C101.1 and replace as follows:
"C101.1 Title. These provisions shall be known as the Hampshire Energy Conservation Code and shall be cited as such and will be referred to herein as this "code."
C104 Delete C104.1 through C104.5 and replace with the following:
"C104.1 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the Hampshire municipal code building permit fees, as may be amended from time to time.
C104.2 Refunds. The code official shall authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder which was erroneously paid or collected.
2. Not more than 90 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. No part of the plan review fee paid shall be refunded when the plan review has been completed and the application for permit is withdrawn.
The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
C104.3 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to one hundred (100) percent of the usual permit fee in addition to the required permit fee. In the event that any building is undertaken without compliance with the above referenced fee schedule after thirty (30) days when notified of noncompliance, then and in that event, the responsible owner, contractor, or both, shall be liable for a fine of not less than $75.00 nor more than seven hundred fifty dollars ($750.00) and one hundred (100) percent of the usual permit fee in addition to the required permit fee. Each day a violation continues shall be deemed a separate offense.
C104.4 The payment of the fee for the construction, alteration, removal or demolitions of work done in connection to or concurrently with the work activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law."
Delete Section C109 and replace as follows:
Section C109 Appeals
Section C109.1 Application for appeal. A person shall have the right to appeal a decision of the code official to the village board of trustees. Therefore, for the purposes of this code, the board of appeals shall be construed to mean the village board of trustees. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be in writing and filed with the village manager within 20 days after the decision of the code official." (Ord. 22-27, 10-6-2022)