Every current and future owner of real property in the Town
shall comply with this chapter, including but not limited to the provisions
related to minor lot alterations. If any deed which alters the size,
shape, quality or orientation of any lot or lots, is recorded in the
Onondaga County Clerk's Office before this chapter have been fully
complied with, then:
A. Both the grantor and the grantee named in that deed shall be in violation
of this chapter; and
B. Every Lot which was so altered shall be in violation of this chapter.
The provisions of this chapter shall be enforced by the Code
Enforcement Officer and/or by the Marcellus Town Board.
The penalties and liabilities for violating this chapter, and
the rights and remedies of the Town for any infraction or violation
of this chapter, are:
A. In the event that there is a violation or infraction of this chapter,
no building permit, certificate of occupancy, or any other certificate,
license, or permit shall be issued by the Town of Marcellus or any
official, board, or employee of the Town in connection with the real
property, or any part thereof, which is in violation of this chapter,
unless and until such real property shall be subdivided in accordance
with, or otherwise brought in full compliance with, this chapter.
B. If any construction shall have commenced either with or without a
building permit upon any of the real property which is in violation
of the regulations, the Code Enforcement Officer shall promptly issue
a stop-work order.
C. Every person in violation of this chapter shall be subject to a fine
of not less than $25 and not more than $250, for each violation or
infraction of this chapter.
D. Each day an infraction or violation of any provision of this chapter
shall continue, after notice of such infraction or violation from
the Town, shall be considered a separate infraction or violation.
E. The Town shall also have all other remedies available at law and
in equity, including, without limitation the right to obtain injunctive
relief.
F. The Town shall also have:
(1) The right to obtain an order directing the recorded deed which caused
the violation of this chapter to be expunged from the records in the
Onondaga County Clerk's Office;
(2) The right to direct that the assessment rolls showing the real property
which is in violation of this chapter list that real property with
the same identifying information [i.e., the same Tax Map parcel number(s),
property number(s), lot size, lot dimensions, and all other property
identifying features, but not necessarily the same assessed value]
as existed prior to the recording of the deed, the recording of which
resulted in a violation of this chapter; and
(3) The right to file, in the Onondaga County Clerk's Office, a notice,
indexed against the real property which is in violation of this chapter,
stating the real property is in violation of this chapter and no building
permits, certificates of occupancy, or any other license, permit or
certificate will be issued by the Town for the real property described
in the notice, or any part thereof, unless and until the violation
is cured and a subsequent notice, signed by the Town, stating the
violation has been cured is recorded in the Onondaga County Clerk's
Office.
G. The Town shall be entitled to recover from each person in violation of this chapter, any and all costs the Town incurs in connection with enforcing this chapter with regard to those lands, including but not limited to all costs the Town incurs in exercising any or all of the rights and remedies stated in Subsection
F above. Such costs shall include, but not be limited to, attorney fees and disbursements (whether or not litigation is commenced), engineering fees and disbursements, recording fees, filing fees, survey fees and disbursements, and court costs.
H. Any judgment obtained by the Town for a violation of this chapter
shall become a lien against all the real property involved in that
violation.