This section contains the regulations pertaining to administration and enforcement of the provisions of this chapter, issuance of permits and certifications, inspection of property, and issuance of stop work, stop use orders, and enforcement of the provisions of this chapter.
(A) Designation of the Administrator. The Town Council hereby designates the Plan Commission as the Administrator for the purposes of implementing this chapter and has the principal responsibility for enforcing this chapter. The Plan Commission shall have the following duties with respect to this chapter:
(1) May designate one or more additional members of the Commission, as well as members of other town departments who have a particular skill or competence, to act as its authorized representative;
(2) Shall review and approve building permits;
(3) Shall review and approve requests for occupancy or other appropriate permits;
(4) May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance, or use in violation of this chapter by issuing a stop work or stop use order;
(5) May adopt such administrative policies as it deems necessary to the carrying out of its enforcement responsibilities, which policies shall have general applicability to cases of similar character;
(7) May refer any violation of this chapter to the Plan Commission Attorney for prosecution or other appropriate action when deemed necessary; and
(8) May exercise any other authority granted by the provisions of this chapter or any other town ordinances.
(B) Permits, orders, and certifications.
(1) It shall be unlawful to commence or to proceed with the erection, construction, major reconstruction, conversion, alteration, enlargement, extension, razing, or moving of any building or structure or any portion thereof; no new use, extension, or alteration of an existing use, or conversion from one use to another, shall be allowed in any building, structure, or land or part thereof, until issuance of a proper permit; except for the raising of agricultural crops, orchards or forestry, without first having applied in writing to the Department (Building Commissioner) for an ILP/BP (improvement location/building permit) to do so and an ILP/BP has been granted therefor. However, this requirement shall not be interpreted as including normal maintenance or minor repair of existing structures. Primary responsibility for securing the necessary permits shall be the property owner’s.
(2) However, if the property owner should contract part or all of the proposed work, it is the responsibility of the person or firm hired to ensure that all required permits and approvals have been secured prior to any work being initiated.
(3) Blank forms shall be provided by the Department for the use of those applying for permits as provided in this chapter. Any permits issued by the Department shall be on standard forms for such purpose. There shall be a separate permit for each building or structure to be constructed, altered, or erected, except for accessory buildings which may be included in the permit for the principal building when construction is simultaneous. Following issuance of the required permit, the applicant’s copy shall be prominently posted at the site of the proposed work to the public view.
(4) Any ILP/BP under which no construction work has been commenced within one year after the date of issuance of said permit, or under which proposed construction has not been completed within eighteen months of the time of issuance, shall expire by limitation. A new permit must be obtained before any further construction can occur. The new permit will be issued on the basis of the entire original project, and fees assessed accordingly.
(5) A permit may be revoked by the Department at any time prior to the completion of the building or structure for which the same was issued, or after the change of character of use, when it shall appear to it that there is departure from the plans, specifications, or conditions as required under terms of the permit, that the same was procured by false representation or that any provisions of this chapter are being violated.
(6) Written notice of such revocation shall be served upon the owner, his or her agent or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop-work order for construction, which shall be posted in a prominent location, or a certified letter citing the violation(s) for the character of use, and thereafter no such construction or use shall proceed in violation of this chapter.
(7) No building or structure or part thereof shall hereafter be constructed or altered until issuance of a proper ILP/BP. No building or structure or part thereof shall be occupied without issuance of a certificate of occupancy by the Building Commissioner.
(8) Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued by the Department for a period not exceeding 30 days from the issuance of the temporary certificate of occupancy, during completion if not deemed to endanger health or safety. Upon expiration of the original temporary certificate of occupancy, one extension not exceeding 30 days may be granted provided there remains no danger to health or safety.
(9) Pending issuance of a regular certificate of occupancy, a partial certificate of occupancy may be issued to allow use of completed portions of any new construction or alterations provided the area(s) for which the partial certificate of occupancy is issued contain no circumstances or conditions which may endanger health or safety.
(10) Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building, health laws, and ordinances of the town and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Town Clerk, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.
(11) The cessation of any erection, construction, reconstruction, alteration, conversion, or maintenance in violation of this chapter may be effected by posting a stop work order, stating the nature of the violation, to the owner of the property involved or to his or her agents or to the person doing the work.
(12) Permits or certificates issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by § 154.999.
(C) Entry and inspection of land and buildings.
(1) The Building Commissioner or his or her authorized representatives are hereby empowered, to the fullest extent of the law in performance of their assigned functions, to enter upon any land within the jurisdictional area of the town for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs, or placards in order to effect the provisions of this chapter. The above authorized person(s) shall be required to present proper credentials when entering upon any land or structure for the purpose of this chapter.
(2) The Building Commissioner is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress.
(Ord. 01-04-01, passed 4-10-2001) Penalty, see § 154.999