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Town of Cazenovia, NY
Madison County
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Table of Contents
Table of Contents
A. 
Every current and future owner of real property in the Town shall comply with these regulations, including but not limited to the provisions related to minor lot alterations.[1]
[1]
Editor's Note: See § 146-11, Minor lot alterations.
B. 
If any deed which alters the size, shape, quality or orientation of any lot or lots is recorded in the Madison County Clerk's office before these regulations have been fully complied with, then:
(1) 
Both the grantor and the grantee named in that deed shall be in violation of these regulations; and
(2) 
Every lot which was so altered shall be in violation of these regulations.
The provisions of these regulations shall be enforced by the Codes Enforcement Officer and/or by the Cazenovia Town Board.
The penalties and liabilities for violating these regulations, and the rights and remedies of the Town for any infraction or violation of these regulations, are as follows:
A. 
In the event that there is a violation or infraction of these regulations, no building permit, certificate of occupancy, or any other certificate, license, or permit shall be issued by the Town of Cazenovia or any official, board, or employee of the Town in connection with the real property, or any part thereof, which is in violation of these regulations, unless and until such real property shall be subdivided in accordance with, or otherwise brought in full compliance with, these regulations.
B. 
If any construction shall have commenced either with or without a building permit upon any of the real property which is in violation of the regulations, the Codes Enforcement Officer shall promptly issue a stop-work order.
C. 
Every person in violation of these regulations shall be subject to a fine of not less than $25 and not more than $250 for each violation or infraction of these regulations.
D. 
Each day an infraction or violation of any provision of these regulations shall continue, after notice of such infraction or violation from the Town, shall be considered a separate infraction or violation.
E. 
The Town shall also have all other remedies available at law and in equity, including, without limitation, the right to obtain injunctive relief.
F. 
The Town shall also have the right:
(1) 
To obtain an order directing the recorded deed which caused the violation of these regulations to be expunged from the records in the Madison County Clerk's office;
(2) 
To direct that the assessment rolls showing the real property which is in violation of these regulations list that real property with the same identifying information [i.e., the same Tax Map parcel number(s), property number(s), lot size, lot dimensions, and all other property identifying features, but not necessarily the same assessed value] as existed prior to the recording of the deed, the recording of which resulted in a violation of these regulations; and
(3) 
To file, in the Madison County Clerk's office, a notice, indexed against the real property which is in violation of these regulations, stating the real property is in violation of these regulations and no building permits, certificates of occupancy, or any other license, permit or certificate will be issued by the Town for the real property described in the notice, or any part thereof, unless and until the violation is cured and a subsequent notice, signed by the Town, stating the violation has been cured is recorded in the Madison County Clerk's office.
G. 
The Town shall be entitled to recover from each person in violation of these regulations any and all costs the Town incurs in connection with enforcing these regulations with regard to those lands, including but not limited to all costs the Town incurs in exercising any or all of the rights and remedies stated in Subsection F above. Such costs shall include, but not be limited to, attorney fees and disbursements (whether or not litigation is commenced), engineering fees and disbursements, recording fees, filing fees, survey fees and disbursements, and court costs.
H. 
Any judgment obtained by the Town for a violation of these regulations shall become a lien against all the real property involved in that violation.