The Code Enforcement Officer shall administer
and enforce all provisions of this chapter except where otherwise
herein specifically required. Wherever any permit is required herein,
the same shall be applied for and shall be issued from the Code Enforcement
Officer in accordance with the requirements of this chapter and other
applicable regulations governing building construction and the issuance
of building permits in the Town of Kingston. The Code Enforcement
Officer shall have the right to enter upon, examine and inspect, or
cause to be entered, examined and inspected, any building or property
at any reasonable time for the purposes of carrying out the duties
of the office and to determine compliance with the provisions of this
chapter. A written report of each such examination and inspection
shall be prepared on an appropriate form and kept on file.
In addition to all other authority conferred
by law, the Code Enforcement Officer shall have the following powers
and duties with respect to this chapter:
A.
Issuance of building permits.
(1)
Except as otherwise specifically provided by this
chapter, no building or structure shall be erected, altered, reconstructed
or enlarged and no excavation for any building begun until the Code
Enforcement Officer has issued a building permit stating that the
proposed use and structure comply with all applicable provisions of
this chapter.
(2)
All building permit applications shall be accompanied
by two copies of a plot plan or an approved site plan, drawn to scale
and accurately dimensioned, showing the location of all existing and
proposed structures on the lot; the setbacks of structures from all
lot lines and road lines; streams, ponds and wetlands, and such other
information as may be required by the Code Enforcement Officer to
determine compliance with this chapter and other applicable regulations.
One copy of such plan, when approved by the Code Enforcement Officer,
shall be returned to the applicant upon payment of the required building
permit fee in accordance with a schedule established and reviewed
annually by the Town Board.
(3)
A building permit shall expire one year from the date
of issue if the permitted action is not substantially started.
(4)
Temporary building permits may be issued upon the
approval of the Code Enforcement Officer for a period not to exceed
one year for temporary uses and structures incidental to a construction
project. Such temporary building permit shall be conditioned upon
agreement by the applicant to remove any nonconforming uses or structures
upon expiration of the permit.
B.
Issuance of certificates of occupancy or use.
(1)
Except as otherwise specifically provided by this
chapter, no use shall be established or land or structure occupied
or otherwise used until the Code Enforcement Officer has issued a
certificate of occupancy or use stating that the use, land and structure
comply with all applicable provisions of this chapter.
(2)
More particularly, no certificate of occupancy or
use shall be issued for any special use of a building or of land requiring
special use permit or site plan approval by the Planning Board unless
and until such special use permit or site plan approval has been granted
by the Planning Board. Every certificate of occupancy or use for which
special use permit or site plan approval has been granted, or in connection
with which a variance has been granted by the Board of Appeals, shall
contain a detailed statement of any conditions to which the same is
subject and include, by attachment, a copy of such Planning Board
or Board of Appeals decision.
C.
Determine application completeness. The Code Enforcement
Officer shall be responsible for determining the completeness of any
application for a building permit, certificate of occupancy or use,
special use permit or site plan review. The Code Enforcement Officer
shall be responsible for determining compliance with the use, area
and bulk requirements of this chapter.
D.
Issuance of notices of violation. Whenever, in the
opinion of the Code Enforcement Officer, after proper examination
and inspection, there appears to exist a violation of any provision
of this chapter, or of any rule or regulation adopted pursuant thereto,
he shall on his own initiative serve a written notice upon the appropriate
person responsible for such alleged violation. Such notice shall inform
the recipient of the following:
E.
Issuance of stop-work orders. Whenever the Code Enforcement
Officer has reasonable grounds to believe that work on any building
or structure or any use of land is occurring either in violation of
the provisions of this chapter, not in conformity with any application
made, permit granted or other approval issued hereunder or in an unsafe
or dangerous manner, the Code Enforcement Officer shall promptly notify
the appropriate person responsible to suspend work on any such building
or structure or the use of any such land. Such persons shall forthwith
suspend such activity until such time that the stop order has been
rescinded. Such order and notice shall be in writing, shall state
the conditions under which the work or use may be resumed and may
be served upon the person to whom it is directed either by delivering
it personally to him or by posting the same upon a conspicuous portion
of the building under construction or premises in use and additionally
sending a copy of the same by certified mail.
F.
Taking of emergency action. If, in the opinion of
the Code Enforcement Officer, a violation exists which requires immediate
action to avoid a direct hazard or imminent danger to the health,
safety or welfare of occupants of a building, or to other persons,
the Code Enforcement Officer may direct that such violation be immediately
remedied or may take direct action on his own initiative to abate
the hazard or danger. Any costs incurred by such action shall be paid
for by the owner, occupant or person responsible for the violation.
The Code Enforcement Officer shall keep on file an affidavit stating
with fairness and accuracy the items of expense and date of execution
of action taken and is furthermore authorized to institute a suit,
if necessary, against the person liable for such expenses or place
a lien against property, in order to recover said costs.
A.
Authority. Pursuant to § 271 of Town Law,
the Town of Kingston has created a Planning Board. Said Board consists
of five members appointed by the Town Board in such manner and for
such terms as provided in the Town Law. The Planning Board shall have
all the powers and perform all the duties prescribed by statute and
by this chapter. The Planning Board shall have original jurisdiction
for all matters pertaining to this chapter pursuant to § 274-a
of Town Law (site plan review).
C.
All members
and alternate members of the Zoning Board of Appeals shall complete
the training required by Subdivision 7-a of § 271 of Town
Law.
[Added 4-15-2010 by L.L.
No. 2-2010]
D.
Alternate
members.
[Added 3-3-2020 by L.L. No. 1-2020]
(1)
"Alternate member" shall mean up to two individuals appointed by
the Town Board to serve on the Town Planning Board. An alternate member
has the same obligation to review application materials as well as
attend and participate in Planning Board meetings as a nonalternate
regular member of the Planning Board ("regular member"), but an alternate
member may not vote unless a regular member is absent or otherwise
unable to participate on an application or matter before the Planning
Board due to a conflict of interest or for any other reason.
(2)
The chairperson of the Planning Board shall designate one or more
of the alternate members appointed by the Town Board to substitute
for a regular member on any application, matter, or period of time
a regular member is absent or unable to participate on an application
or matter before the Planning Board. When so designated, the alternate
member shall possess all the powers of a regular member of the Planning
Board, including, but not limited to the power to vote. Such designation
shall be entered into the minutes of the initial Planning Board meeting
at which the substitution is made.
(3)
Any decision or determination of the Planning Board which includes
the vote of one or more alternate Planning Board members shall have
equal force and effect as determinations made solely by votes of regular
members of said Planning Board.
(4)
All provisions of state law and Town of Kingston local laws relating
to Planning Board member eligibility, vacancy in office, removal,
compatibility of office, ethics, service on other boards, training,
continuing education, compensation and attendance, shall apply with
equal force to Planning Board alternate members.
E.
Attendance.
Each six-month period (January through June, July through December),
Planning Board members are required to attend a minimum of 2/3 of
the regularly scheduled meetings of the Planning Board that are held,
including work sessions. If a member anticipates his or her absence
from a meeting/work session, the member must make every effort to
contact the Chairperson at the earliest opportunity so an alternate
member may be notified.
[Added 4-21-2021 by L.L. No. 1-2021]
F.
Removal. The Town Board shall have the power to remove any member of the Planning Board for noncompliance with the minimum requirements relating to meeting attendance as set forth in Subsection E or upon noncompliance with state mandated training requirements. Such noncompliance shall constitute cause for removal, which may be accomplished after a public hearing with 15 days prior notice to the member, and upon adequate proof of noncompliance being presented at such hearing. The member shall have an opportunity to be heard to refute the allegations or offer an excuse for such absence. A majority vote of the Town Board is required to remove the member upon a finding of failure to meet the attendance and/or training requirements without an adequate excuse. The determination of whether or not an excuse is adequate under the circumstances shall be within the sole discretion of a majority of the Town Board.
[Added 4-21-2021 by L.L. No. 1-2021]
A.
Civil penalties. Violation of any provision or requirement
of this chapter or violation of any statement, plan, application,
permit or certificate approved under the provisions of this chapter
is hereby declared to be an offense, punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and, upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
or violation of any statement, plan, application, permit or certificate
approved under the provisions of this chapter shall be deemed misdemeanors
and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations. The owner, general agent or contractor
of a building premises, or part thereof, where such a violation has
been committed or does exist and any agent, contractor, architect,
builder, corporation or other person who commits, takes part in or
assists in such violation shall be liable for such an offense. All
such penalties shall be collectible by and in the name of the Town;
each and every week that any such violation continues after notification
that such violation exists shall constitute a separate offense. Such
notice shall be given in writing by the Code Enforcement Officer and
shall be served by certified mail or personal service.[1]
B.
Court action. The imposition of penalties herein prescribed
shall not preclude the Town or any person from instituting appropriate
legal action or proceedings in a court of competent jurisdiction to
prevent an unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use or to restrain by injunction,
correct or abate a violation or to prevent the illegal occupancy of
a building, land or premises.
