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.
A. 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.
B. 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.
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.
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.
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.