7.5.1 Enforcing Officer:
7.5.1.1 Designated: The Building Inspector appointed under provisions of the Building bylaw shall enforce the provisions of this Section.
7.5.1.2 Violation _ Inspection of Property: If the Building Inspector shall be informed or knows that any provision of this Section has been or is being violated, he shall inspect the property where the violation exists.
7.5.1.3 Violations _ Notice: If the Building Inspector shall find any such violation as specified in Subsection 7.5.1.2 of this Section, he shall give notice in writing to the owner or his authorized agent and to the occupant of the premises that any use of the building or structure contrary to this Section shall immediately cease.
7.5.1.4 Violations _ Revocation of Occupancy Permits: If after such notice as specified in Subsection 7.5.1.3 of this Section, the building or structure is used contrary to the provisions of this Section or if any owner or occupant fails to obey a lawful order of the Building Inspector in respect to any violation of this Section, he may revoke the permit for occupation of the premises.
7.5.1.5 Violations _ Injunctions and other methods of enforcing Section: Upon such failure to obey as is specified in Subsection 7.5.1.4 of this Section, the Building Inspector shall make complaint to the court having jurisdiction thereof or apply to the Superior Court for an injunction or order restraining the further use of the premises and shall take any and all such action as may be necessary to enforce this Section.
7.5.1.6 Authority Generally: In all other matters the Building Inspector shall have all authority granted him under the provisions of the Statutes of the Commonwealth, the provisions of this bylaw, and the provisions of any other Bylaws of the Town of Stoneham.
State law references—Inspection of Buildings, G.L. c. 143, secs. 3-61. Massachusetts State Building Code, 780 CMR 100, et seq.
7.5.2 Building Permits:
7.5.2.1 The Building Inspector shall act as follows:
Issuance in violation of this Section: The Building Inspector shall issue no permit for the construction, erection, removal or alteration of any building or structure which is designed or intended to be used for a purpose in violation of this Section.
(b) Posting: The Building Inspector shall, upon granting a permit, not later than twelve (12) hours thereafter, cause a copy to be posted on the property to which it relates in a conspicuous location thereon.
(c) Date of Issuance: The Building Inspector shall issue no permit for the construction, erection, alteration or removal of any building until after three (3) days from the time of the filing of the application therefor.
7.5.2.2 The Building Inspector shall not issue a building permit for any building or use requiring Site Plan Approval unless such approval has been obtained.
7.5.2.3 Building permits, excluding permits for accessory structures, additions and alterations and renovations, for buildings not having frontage on: (1) a public way or a way certified which the Town Clerk of Town Engineer certifies is maintained and used as a public way, or (2) a way shown on a definitive subdivision plan approved and endorsed in accordance with the Subdivision Control Law and recorded at the Registry of Deeds and constructed in accordance with said plan shall comply with the following provisions:
(a) A building permit, excluding permits for accessory structures, additions and alterations and renovations, for a building having frontage on a way in existence when the Subdivision Control Law became effective in the Town of Stoneham may be issued only if the way has, in the opinion of the Planning Board, sufficient width, suitable grades, adequate site distance and turning radius, complies with the engineering requirements for safe entry and egress to or from another way, has adequate construction to provide for the need of vehicular and pedestrian traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon all in accordance with
the requirements of the Department of Public Works. The Planning Board may grant a waiver from the department of Public Works requirements in any particular case where such waiver is in the public interest and not inconsistent with the intent and purpose of the zoning Bylaws.
(b) A building permit, excluding permits for accessory structures, additions and alterations and renovations, for a building which abuts a private way offering the principal means of access to abutting properties but which way does not qualify as a street pursuant to Section 2.1.74 (b) or (c) or which does not have public water and sewer available for connection may be issued only if the following requirements have been met:
i. A determination has been made by the Planning Board, based upon a plan submitted by the applicant in accordance with the rules and regulations of the Planning Board as to plan form that a way having sufficient width, suitable grade, adequate site distance and turning radius, complies with the engineering requirements for safe entry and egress to or from another way and has adequate construction to provide for the needs of vehicular and pedestrian traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation and provision of municipal services to serve such land and the buildings thereon or to be erected thereon can be constructed all in accordance with the engineering
requirement of the Department of Public Works. The Planning Board may grant a waiver from the Department of Public Works requirements in any particular case where such waiver is in the public interest and not inconsistent with the intent and purpose of the zoning Bylaws; and
ii A determination by the Planning Board or its agent that the way and municipal services referenced in subparagraph (i) above have been constructed in accordance with the plan submitted and approved by the Planning Board or in the opinion of the Planning Board or its agent have been sufficiently constructed for the granting of a building permit with a bond, deposit or passbook or tri-party agreement or other form of security acceptable pursuant to the requirements of the Planning Board securing completion thereof, and
iii The lot upon which the building is located existed and was duly recorded at the Registry of Deeds prior to the enactment of this Bylaw, and
(c) All other requirements concerning the issuance of a building permit must be complied with prior to the issuance of a building permit.
Nothing herein or pursuant to the definition of "street" in Section 2.1.76 shall prohibit the granting of a building permit, otherwise permitted pursuant to the zoning by-laws, for an accessory structure or for an addition, alteration or renovation of a building lawfully constructed prior to the adoption of this Bylaw regardless of whether said way qualifies as a street pursuant to Section 2.1.74 (a), (b), or (c). (5_5_97, Art.~3)
7.5.3 Violations:
7.5.3.1 If the Building Inspector shall be informed, in accordance with Section 7 of Chapter 40A of the General Laws, or otherwise have reason to believe that any provision of this bylaw has been, is being, or may be violated, he or his agent shall investigate the facts and inspect the property in question.
7.5.3.2 If the Building Inspector shall find such violation, he shall give notice thereof in writing to the owner or the duly authorized representative thereof and to the occupant of the premises, and order that the use of any building or premises contrary to the provisions of this bylaw shall cease immediately.
7.5.4 Occupancy Permits:
7.5.4.1 No building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever, and no change of use shall hereafter be made of any land or in any building or part thereof, until a certificate of occupancy and compliance shall have been issued by the Building Inspector stating that the building or use or both complies with the provisions of this Section, other provisions of the bylaws of the Town, and the provisions of the laws of the Commonwealth. (4-03-01, Art. 11)
7.5.4.2 Applications for certificates of occupancy and compliance shall be filed coincident with application for building permits and shall be issued or refused in writing for cause within five (5) days after the Building Inspector has been notified in writing that the erection or alteration of such building or buildings has been completed.
7.5.4.3 A record of all certificates of occupancy and compliance shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property.
7.5.4.4 Buildings accessory to dwellings when completed at the same time shall not require a separate Certificate of Occupancy.
7.5.4.5 Pending the issuance of a regular certificate, a temporary certificate may be issued for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion.
7.5.4.6 Such certificate shall not be issued, except under such restrictions and provisions as will adequately insure the safety of occupants.
7.5.4.7 No temporary certificates shall be issued prior to its completion, if the building fails to conform to the provisions of the building laws and the laws of the Commonwealth or of this Section to such a degree as to render it unsafe for the occupancy proposed.
7.5.5 Penalty:
7.5.5.1 The penalty for the violation of any provision of this bylaw shall be Three Hundred Dollars ($300) for each day such violation continues after receipt of notice thereof. (5_2_88, Art.~9)
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