Town of Inlet, NY Enforcement

It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or premises, or portion thereof, in violation of any provision of this chapter, or to construct, alter or use and occupy any building, structure or premises in a manner not permitted by or inconsistent with a permit, approval or variance issued pursuant to this chapter, or to fail to comply with a notice, directive or order of the Codes and Zoning Enforcement Officer or agent thereof.

Where a violation has occurred or exists, the potentially responsible persons shall include the owner of the real property involved or affected; any contractor, subcontractor, builder, construction superintendent, engineer, manager, or other person responsible for undertaking, managing or directing the illegal activity; and any agent of the foregoing.

§ 160-100 Enforcement Process.

The following are remedies the Town may pursue if the Zoning Law or the term or condition of any permit or other approval issued under authority of the Zoning Law is violated. These remedies are not exhaustive of those that may be pursued by the Town. The use of one or more of these remedies do not preclude of use of other remedies simultaneously or sequentially.

Actions the CZEO is authorized to take:

(1)

Issue notice of violation. Whenever the CZEO has reason to believe that there is a violation of the Zoning Law or an approval or order issued thereunder, the CZEO may issue a notice of violation to the site owner and to any other person responsible for such violation.

(2)

Stop-work order. In addition to or instead of any notice of violation, the CZEO may issue an order to the site owner or any other person responsible for the violation directing such person or persons to stop any or all construction work at the site of a violation.

(3)

The CZEO is authorized to issue an appearance ticket in conformance with the requirements of the Criminal Procedure Law to any person responsible for violating this chapter, such ticket to be returnable in the Town Court of Inlet. In such a case, the CZEO will file an accusatory instrument together with any supporting deposition in the Town Court prior to the return date.

(4)

Nothing in this section prevents the CZEO from seeking voluntary compliance from any responsible party, either alone or in conjunction with one or more of the actions authorized above. The CZEO, after consultation with the Town Attorney, may enter into an agreement with any person responsible for the violation or the owner of the property where the violation is occurring or did occur. The voluntary agreement will require the owner and/or other responsible party to cease and desist such violation and to perform any necessary corrective and remedial measures. The voluntary agreement may also contain other provisions related to the violation, including the payment of a civil penalty. Any duly executed voluntary agreement will be legally binding and any violation of the voluntary agreement by the owner or other responsible party will itself constitute a separate and distinct violation of the Zoning Law.

(5)

The Town Board may by resolution adopt criteria or identify particular violations that will require the CZEO to obtain Town Board approval prior to entering into a binding voluntary agreement.

Actions by the Town Board:

(1)

With respect to any violation of the Zoning Law, the Town Board may authorize the institution of a proceeding in Supreme Court.

(a)

To obtain injunctive or remedial relief; in the case of any violation or threatened violation, the Town may institute any appropriate action or proceeding against the landowner and/or other responsible person(s) to prevent such unlawful action, to restrain, correct or abate such violation, and to compel compliance with the provisions of this chapter and any permit, approval or variance issued pursuant to its provisions. The relief specified herein may be sought in addition to an action or proceeding for criminal sanctions or civil penalties.

(b)

To obtain civil penalties pursuant to § 160-103 of the Zoning Law.

(c)

To modify, suspend or revoke any permit or other approval granted under the Zoning Law.

(2)

The Town Board may negotiate appropriate corrective, remediation, abatement, and restoration measures by entering into an enforceable settlement agreement or consent order with any violator and/or owner. Such agreements or orders may require the violator and/or owner too pay a monetary penalty which covers exemplary or punitive damages and reimburses actual costs incurred by the Town in connection with its enforcement action such as attorneys' fees, disbursements and costs of emergency and other corrective and restoration measures.

(3)

This section is not exhaustive of the remedies the Town Board may pursue, and nothing herein limits the actions the Town Board may take that are otherwise authorized by law.

§ 160-101 Stop-work order.

The order will identify the nature of the violation; the section of the Zoning Law or provision in any approval issued under such law that is being violated; the owner of the property where the violation is occurring and any other person responsible for the violation; and identify the actions that must be taken.

The order will be posted in a conspicuous location at the property where the alleged violation has occurred or is occurring. A copy of the order will be personally served or sent by certified mail to the property owner and to any other responsible party who has been identified. Personal service will be by the same means provided for by the Civil Practice Rules and Laws (CPLR).

The CZEO will file a copy of the order with the Town Clerk within five days of issuance.

The order will be effective upon the earlier of the posting on the property or the service upon the property owner. The failure to serve the property owner and/or any responsible party will not affect the validity of the order so long as it is posted on the property.

As soon as the order becomes effective, all construction and/or other activity identified in the order will immediately cease. The failure to cease the construction or other identified activity is itself a violation of this chapter regardless of whether the identified violation is ultimately sustained on review.

The owner and any other responsible party will take such other actions as are required by the order.

The order will remain in effect until rescinded by the CZEO or as the result of an appeal.

Any person subject to a stop-work order may request that it be rescinded, suspended or modified by presenting argument and/or evidence to the CZEO to demonstrate that the prerequisites for issuing the order are not present or that the relief is not appropriate. Based on his/her review, the CZEO may grant the relief requested, grant some lesser relief or deny the relief. If the order is rescinded, suspended or modified, the CZEO will file such rescission, suspension or modification with the Town Clerk within five days of its issuance.

Additionally or alternatively, any person issued a stop-work order may appeal such order to the ZBA. Such appeal must be in writing and may be made no later than 30 days from the date the order or amended order is filed with the Town Clerk.

An appeal to the ZBA shall not stay the order unless the ZBA explicitly determines otherwise.

§ 160-102 Penalties for offenses.

A violation of the Zoning Law or of any condition of an approval issued pursuant to the Zoning Law 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 the Zoning Law or of any condition of an approval issued pursuant to the Zoning Law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate, additional violation.

The CZEO is authorized to issue an appearance ticket in conformance with the requirements of the Criminal Procedure Law to any person responsible for violating the Town of Inlet Sewer Use Law, such ticket to be returnable in the Town Court of Inlet. In such a case, the CZEO will file an accusatory instrument together with any supporting deposition in the Town Court prior to the return date on the ticket.

§ 160-103 Civil fines and penalties.

Anyone who violates the Zoning Law or any approval issued thereunder will be liable for civil fines and penalties. Each day the violation continues shall constitute a separate additional violation. Civil penalties will be recoverable in an action brought in Supreme Court.

§ 160-104 Suspension of administrative review.

Review of any application pursuant to the provisions of the Zoning Law may be suspended if the applicant, site owner or other responsible party is alleged to have committed a violation of the Zoning Law related to proposed project or project site which is the subject of the application. In such a case, the CZEO will provide written notice of suspension to the applicant together with a statement of facts concerning the alleged violation.

§ 160-105 Revocation of permit.

Any permit, approval, certificate, or variance granted under the provisions of this chapter which was based upon or granted in reliance upon the applicant's false or material misrepresentation in an application or the applicant's failure to make known a material fact or circumstance may be revoked by the Codes and Zoning Enforcement Officer. A revocation action may be taken after written notice to the property owner or applicant/permittee and opportunity to present a written statement or evidence to the CZEO within the time limit provided for in the notice but no less than 20 days. The CZEO will issue a written determination, which will be filed with the Town Clerk within five days. If the permit, approval, certificate or variance is revoked, the affected party may appeal the revocation to the Zoning Board. Any such appeal will be filed within 30 days after the CZEO's determination is filed with the Town Clerk.