A.
Code Enforcement Officer. Unless otherwise provided, this chapter,
as adopted, shall be enforced by the Code Enforcement Officer in accordance
with the provisions herein.
B.
Rules, regulations and forms. The Code Enforcement Officer shall
have the authority to make, adopt and promulgate such written rules,
regulations and forms as he may deem necessary for the proper enforcement
and administration of this chapter and to secure the intent thereof.
Such rules, regulations and forms shall not be in conflict with the
provisions of this chapter of the Code of the Town of Southport, nor
shall they have the effect of waiving any provisions of this chapter
or any other ordinance. Such rules, regulations and forms shall have
the same force and effect as the provisions of this chapter and be
subject to the same penalties for violation thereof. Such rules, regulations
and forms shall be submitted to the Town Board by the Code Enforcement
Officer, which shall move to approve, reject or modify such rules,
regulations or forms within 30 days after submission. Failure to so
move shall be construed to constitute approval thereof. Said rules,
regulations and forms as approved by the Town Board shall be on file
and available to public view.
C.
Inspections and reports. The Code Enforcement Officer shall make a written report of each inspection made in connection with his duty in enforcing the provisions of this chapter and shall keep a file of such reports in accordance with the provisions of § 245-5.
D.
The Code Enforcement Officer shall administer and enforce the provisions
of this chapter covering disposition of unoccupied or unsafe buildings
or structures.
E.
Conformity to certificate of occupancy. A certificate of occupancy
shall be deemed to authorize and is required for both initial and
continued occupancy and use of the building or land to which it applies
and shall continue in effect as long as such building and the use
thereof or of such land is in full conformity with the provisions
of this chapter and any requirements made pursuant thereto. On the
serving of notice by the Code Enforcement Officer of any violation
of any of said provisions or requirements in respect to any building
or the use thereof or of land, the certificate of occupancy for such
use shall thereupon be rescinded, and a new certificate of occupancy
shall be required for any further use of such building or land.
A.
Any building erected, constructed, altered, enlarged, converted,
moved or used contrary to any of the provisions of this chapter and
any use of any land or any building which is conducted, operated or
maintained contrary to any of the provisions of this chapter shall
be and the same is hereby declared to be unlawful. Any owner, lessee,
tenant, occupant, architect or builder, or the agent of any of them,
who violates or is accessory to the violation of any provisions of
this chapter, as adopted or amended, or who fails to comply with any
of the requirements thereof or who erects, constructs, alters, enlarges,
converts, moves or uses any building or uses any land in violation
of any detailed statement or plan submitted by him and approved under
the provisions of this chapter as adopted shall be guilty of a violation
which is an offense punishable by a fine as provided herein.
B.
Notice of violation.
(1)
Whenever, in the opinion of the Code Enforcement Officer after
proper examination and inspection, there appears to exist a violation
of any provision of this chapter or of any rule, regulation or condition
adopted or imposed pursuant thereto, he shall serve a written notice
of violation on the person or corporation committing or permitting
the same.
(a)
Such notice may be served personally or by certified mail addressed
to the premises where such violation exists or by posting a copy of
the same upon said premises. The notice of violation shall set forth:
(b)
If such violation does not cease within such time as the Code
Enforcement Officer may specify, he shall institute such of the actions
hereinafter set forth as may be necessary to terminate the violation.
(2)
The Code Enforcement Officer may extend the date of compliance
called for in a notice of violation after written application if,
in his opinion, there is reasonable evidence of intent to comply and
that reasonable conditions exist which prevent compliance by the specified
date.
C.
Certificate of zoning compliance. On reinspection following the expiration
of the date of compliance as specified in the notice of violation,
if the violation has been remedied or removed in accordance with the
specified remedial action and there is no longer a violation of any
provision of this chapter, then a certificate of zoning compliance
shall be issued by the Code Enforcement Officer.
D.
Legal action by the Town. On reinspection following the expiration
of the date of compliance as specified in the notice of violation
or as extended in accordance herein, if the remedial action specified
has not been carried out and there is still in existence, in the opinion
of the Code Enforcement Officer, a violation of a provision of this
chapter, then the Code Enforcement Officer shall immediately refer
the matter to the Town Attorney, who shall thereupon institute appropriate
legal action to restrain, prevent, enjoin, abate, remedy or remove
such violation and to take whatever other legal action is necessary
to compel compliance with this chapter.
E.
Failure to apply for zoning permit or certificate of occupancy. Any
person who fails to apply for a zoning permit or certificate of occupancy
as required by and in accordance with this chapter and who proceeds
to construct, erect, relocate, alter, extend or structurally change
a building or part thereof, or who subsequently proceeds to occupy
or use such building or part thereof or who proceeds to occupy or
use or change the use of land, shall be required to file the applications
and plans and pay the fees as provided. The Code Enforcement Officer
shall inspect or cause to be inspected such building or land and shall
issue either a notice of violation or a certificate of occupancy.
F.
Violations, penalties and injunctions. Any person violating any provision
of this chapter may be punished as provided in § 135 of
the Town Law.
