Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
In interpreting and applying the provisions of this chapter, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, morals, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinances, including, among others, the provisions of any building code, planning or platting law, real property law, sanitary code or health department regulations or any other law, ordinance or regulations affecting the construction or use of buildings and premises, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; provided, however, that in the case of a greater restriction upon the areas of land or sizes of lots upon which buildings or other structures may be erected or upon the use of buildings or premises or upon the height of buildings or requirements for larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordinance or by any other rules, regulations or permits adopted or issued at any time, the provisions of this chapter shall control but subject always to the continuing rights as to lawful existing buildings and uses as set down under § 144-10, pertaining to nonconforming uses.
Appointment of Enforcement Officer. The Town Board of the Town of Elma shall appoint a Zoning Enforcement Officer or Officers, whose duty it shall be to enforce the provisions of this chapter. Such Zoning Enforcement Officer may not be a member of the Town Board or of the Zoning Board of Appeals.
Powers and duties.
It shall be the duty of the Zoning Enforcement Officer or Officers to keep a record of all applications for permits and a record of all special conditions involved. Such Officers shall file and keep copies of all plans submitted, and the same shall form a part of the records of such office.
The Zoning Enforcement Officer or Officers shall issue no permit unless it conforms to the requirements of this code. The Zoning Enforcement Officer may be the same person as the Town Building Inspector.
It shall be the duty of the Enforcement Officer to condemn and start legal proceedings of condemnation and penalties, as provided by the law, wherever the regulations and intent of the Zoning Ordinance are circumvented or violated.
[Amended 6-3-1981]
The Enforcement Officer shall be required to report, in writing, on the status of each outstanding building application for which no use and occupancy permit has been issued, and such report shall be made at the December meeting of the Town Board. Such report must furnish the date of building permit issuance, number of permit, name of applicant, address of proposed building and other pertinent information, including the reasons why no use and occupancy permit is issued and a statement of whether the building is occupied.
The compensation of the Zoning Enforcement Officer and Clerk, referred to in this section, shall be fixed by the Town Board within the amounts provided in the annual budget and paid at such time as determined by the Town Board.
The duties of administering and enforcing the provisions of this chapter shall be performed by the Zoning Enforcement Officer of the Town of Elma who shall have, subject to approval of the Town Board, power to grant certificates of occupancy and compliance. Any order, requirement, decision or determination made by him in reference thereto, after approval by the Town Board, shall be subject to review by the Zoning Board of Appeals and the courts.
The Zoning Enforcement Officer shall inspect or cause to be inspected, within 10 days after application, every site, building or structure constructed, altered or used, subject to the requirements of this chapter, and order, in writing, the remedying of any conditions found in violation of the requirements of this chapter.
Any person, firm, association or corporation charged with violating any provision of this chapter shall be notified, in writing, to be served upon the same personally or by registered or certified mail, return receipt requested. Where such service cannot be made with due diligence, then the notice may be served by affixing said notice to the door of the main building on said property and by mailing the notice to such person at his or her last known residence, such affixing and mailing to be effected within 20 days of each other. Proof of such service shall be filed with the Clerk of the Town Board within 20 days of either such affixing or mailing, whichever is effected later; service shall be complete 10 days after such filing. Any person, firm, association or corporation refusing or neglecting to abate said violation within five days after written notice shall have been served upon him shall, for each and every violation and each and every day such violation continues beyond such five-day period of grace, be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation thereafter shall constitute a separate additional violation.
[Amended 6-3-1981; 10-19-1983; 3-16-1994]
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this chapter or any other ordinance or regulation made by the Town pursuant to law, the Town may by direction of the Town Board, in addition to other remedies provided, institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent and enjoin the occupancy of said building, structure or land and to prevent and enjoin any illegal act, conduct, business or use in or about such premises.