Chapter 16.15
ADMINISTRATION AND ENFORCEMENT
Sections:
16.15.020 Complaints regarding violations.
16.15.010 Authority.
This chapter shall be administered and enforced by the town manager or a designee of the town manager who shall be known as the zoning enforcement officer. [Ord. 719 § 1, 2008. Code 1999 § 16-2-1].
16.15.020 Complaints regarding violations.
Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning enforcement officer. He/she shall record properly such complaint, investigate, and take action thereon as provided by this title. [Ord. 719 § 1, 2008. Code 1999 § 16-2-2].
16.15.030 Violations and penalties.
(a) It is unlawful to erect, construct, reconstruct, or alter any building or structure in violation of these regulations, or any amendment thereto, enacted or adopted by the board of trustees.
(b) It is unlawful to use any building, structure, or land in violation of these regulations, or any amendments thereto, enacted or adopted by the board of trustees. No building permit or certificate of occupancy shall be issued for property in violation of the provisions of this chapter.
(c) Whenever the zoning enforcement officer shall find a violation of any of the provisions of this chapter, he shall notify the person responsible for the violation in writing, and may order the necessary correction within a period of 30 days or take other action as provided in subsection (d) of this section.
(d) Failure to comply with any of the provisions of this chapter, unless a variance has been authorized by the board of zoning adjustment, shall constitute an ordinance violation and upon conviction shall be punishable by penalty assessment of up to the maximum penalty set forth in GMC 1.05.090 per day. Each day that such a violation continues shall be considered as a separate offense.
The town may also seek a court injunction prohibiting said use or structure for any violation of this chapter. [Ord. 822 § 2, 2014; Ord. 808 § 1, 2014; Ord. 786 § 1, 2012; Ord. 719 § 1, 2008. Code 1999 § 16‑2-3].
16.15.040 Building permits.
(a) No building shall be erected, moved or structurally altered unless a building permit therefor has been issued by the town, or its agent, and no building permit shall be issued unless the building or structure proposed is in full conformity with all of the provisions of this chapter, the building code adopted by the town and other provisions of this title or this code.
(b) Applications for building permits shall be made on forms prescribed by the town and shall be accompanied by drawings to scale showing plot plan, location, floor plan, height and size of all proposed buildings, the location and dimensions of fences, signs and parking and loading areas, and such other information as may be required by the building official.
(c) Building permit fees will be established and assessed either by the town or its agent at the time of submittal of the building permit application.
(d) Certificate of Occupancy.
(1) No land or building shall hereafter be changed in use nor shall any new structure, building or land be occupied or used without first having obtained a certificate of occupancy from the building official.
(2) All certificates of occupancy shall be filed with the building official and shall be available for examination by any person with either proprietary or tenancy interest in the property or building. [Ord. 719 § 1, 2008. Code 1999 § 16‑2‑4].
16.15.050 Performance bond.
(a) The board shall have the authority to require a performance bond or other securities when it is deemed necessary and appropriate.
(b) Except in the case of non-income-producing residential property, upon approval of a variance or appeal, conditional use permit, or rezoning, the town should be provided with a surety bond, letter of credit, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building or other permits or initiation of work on the proposed improvements or developments at the discretion of the zoning enforcement officer and/or the town board. Said security shall guarantee conformance and compliance with the conditions of the various permits, variance or appeal and the ordinances of the town.
(c) The security shall be in the amount of the estimated costs of labor and materials for the proposed improvements or development plus 15 percent.
(d) The town shall hold the security until the completion of the proposed amendments or development and a certificate of occupancy indicating compliance with the variance or appeal and ordinances of the town has been issued by the building official.
(e) Failure to comply with the conditions of the various permits, variance or appeal and/or ordinances of the town may result in forfeiture of the security. [Ord. 719 § 1, 2008. Code 1999 § 16‑2‑5].