This chapter shall be enforced by the Town of Sodus Code Enforcement Officer or Building/Zoning Officer.
The issuance of building permits shall be governed by Chapter 46 of the Town of Sodus Code.
A certificate of occupancy for use is required.
A special use permit will be required and governed by Chapter 135, § 135-52, Special permits, of the Town of Sodus Code. This permit must be renewed annually after approval by the Zoning Board of Appeals. Initial approval must be given by the Code Enforcement Officer or Building/Zoning Officer after inspection by the Code Enforcement Officer and/or Building/Zoning Officer to confirm that the business is in full compliance with the terms of this chapter. The annual fee for such special use permit shall be as set by resolution of the Town Board.[1]
Applications for building permits and certificates of occupancy shall be made upon such forms and shall be accompanied by such layout or plot plans as shall be prescribed by the Zoning Officer to facilitate enforcement of this chapter.
A.
Prior to the commencement of any adult use business, the premises must be inspected by the Code Enforcement Officer or Building/Zoning Officer and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for an adult use business and in compliance with this chapter.
B.
All code enforcement officials, including the Code Enforcement Officer, shall complete their certification that the premises are in compliance or not in compliance within 20 days of the inspection of the premises by such officials.
C.
Any owner and/or operator, employee of the owner and/or operator or agent of the owner and/or operator shall permit representatives of the Town Code Enforcement Office, the Wayne County Sheriff's Department, the New York State Police, the State Health Department, the Town Code Enforcement Officer or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of an adult use business for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.
The duration of the special use permit shall be for a maximum period of one year. The special use permit for uses under this chapter shall expire on December 31 of each year. The special use permit shall run for the calendar year if so renewed by the Zoning Board of Appeals of the Town of Sodus.
A.
Any owner, operator or agent or employee of the owner or operator who shall violate this chapter or shall permit or suffer a violation of this chapter to occur on the owner or operator's adult use premises shall be guilty of an offense and subject to punishment by a fine not to exceed $1,000 or by imprisonment for a period not to exceed 15 days. For the second and each subsequent offense, punishment shall be by a fine not to exceed $1,000 or by imprisonment for a term not to exceed 45 days, or both. Each day in which a violation continues shall constitute a separate additional violation. For the purpose of conferring jurisdiction upon the courts, violations of this chapter, or of any order, requirement, decision or determination issued by the Code Enforcement Officer pursuant to this chapter, shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
B.
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding to prevent, correct or restrain any violation of this chapter.