This chapter shall be enforced by the Code Enforcement
Officer or other designated official who shall be appointed by the
Town Board. No zoning permit or certificate of occupancy shall be
issued by him except in compliance with the provisions of this chapter.
A.Â
No building or structure in any district shall be
erected, added to, structurally altered or demolished until a permit
has been issued by the Code Enforcement Officer. No such zoning permit
or certificate of occupancy shall be issued for any building where
said construction, addition or alteration or use thereof would be
in violation of any of the provisions of this chapter.
B.Â
All applicants for zoning permits shall submit two
copies of a layout or plot plan drawn to scale and with all dimensions
shown, showing the exact size and location on the lot of the building
and accessory buildings and the intended use of the building. Zoning
permits shall expire one year from date of issuance.
A.Â
A certificate of zoning compliance shall be applied
for coincidental with the application for a zoning permit. A certificate
of zoning compliance shall be issued by the Code Enforcement Officer
upon completion of a structure erected or altered for the occupancy
of the structure and the use designated in the permit for building,
provided that the structure and the premises actually comply with
the provisions of this chapter. Said certificate shall be issued within
10 days after the erection or alteration shall have been approved
as complying with the provisions of this chapter.
B.Â
No nonconforming use shall be renewed or changed or
extended until a zoning permit has been issued by the Enforcement
Officer.
C.Â
The Code Enforcement Officer shall maintain a record
of all certificates, and copies shall be furnished, upon request,
to any person having a proprietary or tenancy interest in the building
affected.
D.Â
The applicant shall provide the Code Enforcement Officer
with an as-built survey of the foundation and/or basement wall prior
to construction beyond the foundation.
E.Â
A fee may be charged for every request to the Code
Enforcement Officer for a certificate of zoning compliance; and an
additional fee may be charged for each return inspection required
at the final inspection stage only.
[Added 7-24-2013 by L.L. No. 7-2013]
It shall be unlawful for any person, firm or corporation to:
A.Â
Allow any building or land to be used or occupied or any building
or part thereof to be erected, moved, extended or altered except in
conformity with the regulations herein set forth for the district
in which it is located.
B.Â
Fail to make a good-faith effort to comply with a lawful written
notice, directive, or order of a Code Enforcement Officer, provided
that such notice, directive, or order is substantially related to
compliance with and/or enforcement of the provisions of this chapter.
[Amended 8-23-2017 by L.L. No. 7-2017]
C.Â
Construct, alter or use and occupy any building or structure or portion
thereof or use any land in a manner not permitted by an approved plan
or resolution of the Planning Board or the Zoning Board of Appeals,
where such approval is required.
A.Â
Reporting. Any resident of the Town may file a written
complaint with the Code Enforcement Officer alleging a violation of
this Zoning Law. The Code Enforcement Officer shall file said complaint
and investigate the same.
B.Â
Punishment.
[Amended 5-8-2006 by L.L. No. 9-2006]
(1)Â
A violation of any of the provisions of this chapter
by an owner of land and/or a builder or contractor shall constitute
an offense punishable either:
(a)Â
By the imposition of a fine not exceeding $350
or imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense; for a conviction of a second offense, both of
which were committed within a period of five years, by a fine of not
less than $350 but no more than $700, or imprisonment for a period
not exceeding 15 days, or both; and, for conviction of a third or
subsequent offense, all of which were committed within a period of
five years, by a fine of not less than $700 but no more than $1,000,
or imprisonment for a period not exceeding six months, or both; and/or
(b)Â
By the imposition of a civil penalty in the
above amounts, which said penalty may be assessed and recoverable
against the violator in a small claims proceeding instituted by the
Town in the Town Justice Court, pursuant to the provisions of Article
18 of the Uniform Justice Court Act.
(2)Â
Each week's continued violation shall constitute a
separate, additional violation for which separate and additional fines
or civil penalties in the above amounts may be imposed or recovered.
Section 210-35 above expressly amends and supersedes any inconsistent provision of any other Zoning Law, rule or regulation heretofore adopted by the Town of Cicero, Onondaga County, New York, and also any inconsistent provision of Article 16 of the Town Law of the State of New York.
