Whenever a violation of this chapter or the terms and conditions of any permit or approval issued under this chapter occurs, the Zoning Administrator or authorized designee may, at his own initiative, enforce compliance and order that the violation be remedied. In addition, any person, Town official or board may file a complaint requesting enforcement action by the Zoning Administrator or authorized designee. All such complaints shall be made to the Zoning Administrator or authorized designee, who shall properly record such complaint and timely investigate and report findings thereon to the Town Board. The Zoning Administrator or authorized designee shall have authority to serve an order to cease or remove a violation (otherwise known as a "stop-work order" or "order to remedy"), or to issue a summons, or take any such enforcement action authorized by law upon any person owning, leasing, controlling or managing any building, structure, or land. The undertaking of a land use, construction of any structure, or development for which a zoning permit is required, but not obtained, shall constitute a violation of this chapter. The construction, development or operation of any improvement in a manner that deviates from an approved plan shall constitute a violation of this chapter. The violation of any condition imposed pursuant to any approval, project permit, certificate of compliance, special permit, site plan, variance, or subdivision approval shall constitute a violation of this chapter.
A. 
Criminal offense. Any person owning, leasing, managing or otherwise controlling any building, structure, premises or land where a violation of this chapter occurs and any person who commits or assists in the commission of any violation of this chapter who, after being served with an order to cease (stop-work order) or remove such violation (order to remedy), fails to comply with such order within 10 days after such service may be found guilty of an offense and subject to a fine as authorized in § 268 of the Town Law. Every such person shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue. Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agent or manager may be considered to be the "person" for the purpose of this article. The Zoning Administrator or authorized designee has the authority under this chapter and the Town Law to prosecute any such violations in the Town of Queensbury Justice Court or other court of competent jurisdiction.
B. 
Civil offense. In addition to the penalties in Subsection A above, any person who violates any provision of this chapter shall, for every such violation, forfeit and pay a civil penalty of not more than $250 per violation. When a violation of any of the provisions is continuous, each day thereof shall automatically constitute a separate and distinct violation subjecting the offender to an additional civil penalty without the necessity for any further notice, order or other action by the Zoning Administrator or authorized designee. The Zoning Administrator or authorized designee has the authority under this chapter to commence a civil action in order to collect the civil penalty or penalties imposed pursuant to this section in the Town of Queensbury Justice Court or other court of competent jurisdiction, provided the Town Board consents to same. To the extent that this provision is inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, § 268, the Town Board of the Town of Queensbury hereby declares its intent to supersede said section of the Town Law, pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, § 10 et seq., of the Consolidated Laws of the State of New York.
C. 
The methods of enforcement as set forth in Subsections A and B above, as well as § 179-17-030 below, are not exclusive and may be utilized together, alternatively, repeatedly or in any combination thereof until compliance is obtained and the violation is abated. Abatement of the violation does not preclude the exaction of a penalty, fine or collection of attorney's fees and costs and such other relief a court may order.
In case of any violation or threatened violation of any of the provisions of this chapter, or conditions imposed in any approval, permit or certificate of compliance, in addition to the remedies herein provided, the Town may, by resolution of the Town Board, institute any appropriate action or proceedings for injunctive or other relief to prevent, restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. As part of such action, the Town may request from the court an order that requires the violator to reimburse the Town for the costs, including the attorney fees, incurred with respect to the action for injunctive relief.
A. 
The Town Board for the Town of Queensbury herein grants the Zoning Administrator or authorized designee the enforcement responsibility of immediately terminating or prohibiting the continuance of any actions which are in violation of this chapter by posting a stop-work order or order to remedy on the premises wherein the violation has occurred.
B. 
The stop-work order or order to remedy shall serve notice to the owner, occupant, builder, developer, agent and/or any other individual or business on the premises that all such actions specified on the stop-work order or order to remedy must be terminated, abated, or remedied immediately or within such time specified in such order.
C. 
Relief from the stop-work order or order to remedy can be realized as follows:
(1) 
If all provisions of this chapter, together with other conditions specified by the Zoning Administrator, are met and no violation exists.
(2) 
Appeal to, and subsequent decision or order from, the Zoning Board of Appeals, that, pursuant to its appellate authority as specified in Article 14, reverses, voids, or otherwise modifies the order appealed from.
Any permit or approval granted under this chapter which is based upon or is granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant shall be void. This section shall not be construed to affect the remedies available to the Town elsewhere in this article.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be filed with the Zoning Administrator or authorized designee, who may require such complaint to be in writing. The Zoning Administrator or authorized designee shall investigate the complaint and take such action as is appropriate in his/her discretion. The Zoning Administrator shall keep records of all complaints made and the results of any investigations conducted.