Village of Fonda, NY
Montgomery County
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No permit or certificate of occupancy shall be issued by the Code Enforcement Officer except upon the authorization by and in conformity with an approved site plan where required.
The Village Board may alternatively appoint some other enforcement officer to conduct inspections and any other enforcement activities required by this chapter.
The Village Board may appoint a Code Enforcement Officer to carry out the duties assigned by this chapter. If appointed, the Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
The Village Board may, on its own, on petition, or on recommendation of the Planning Board, after public notice and hearing, amend this chapter pursuant to all applicable requirements of law.
Any person, firm, or corporation who commits an offense against, disobeys, neglect or refuses to comply with or resists the enforcement of any of the provisions of this chapter, upon conviction, shall be deemed guilty of a violation, punishable by a fine of not more than $250, or by imprisonment not exceeding 15 days, or both such fine and imprisonment. Each week an offense is continued shall be deemed a separate violation of this chapter.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the penalties provided above, the Code Enforcement Officer, or Village Board, may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
Any person aggrieved by any decision of the Planning Board, Village Board, Code Enforcement Officer, or any other officer, department, or board of the Village involved with the administration and enforcement of this chapter, may apply to the Supreme Court for review under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Village Clerk.
The Planning Board may waive, subject to appropriate condition, the provisions of any or all standards set forth if in the special circumstances of a particular application such standards are not in the interest of the public health, safety, and general welfare or strict adherence to such standards would cause unnecessary hardships for the applicant without achieving public benefit objectives. The Planning Board must state its reasons for granting any waivers in writing and file the same along with the site plan application and supporting documents.
This chapter in no way affects the provisions or requirements of any federal, state, or local law or regulations.