The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred upon him by this chapter. He shall be appointed by the Town Board and shall carry out any directives from the Board relative to the duties of the position set forth in § 300-10 below. The Zoning Officer shall receive such compensation as the Town Board shall determine.
A.
It shall be the duty of the Zoning Officer or his duly authorized
assistants to cause any plans, buildings or premises to be examined
or inspected to determine that they are not in violation of the provisions
of this chapter. In the fulfillment of their duties, the Zoning Officer
or his authorized assistants may enter any premises or building during
reasonable hours in the course of his duties in accordance with state
law after due written notice has been given.
B.
If the Zoning Officer shall find that any of the provisions of this
chapter are being violated, he shall notify, in writing, the person
responsible for such violations, indicating the nature of the violation
and ordering the action to correct it. In his efforts to attain compliance
the Zoning Officer shall have the authority to order discontinuance
of illegal uses of land, buildings or structures, removal of illegal
buildings or structures or of illegal additions, alterations or structural
changes, stop work or discontinuance of any illegal work being done.
On the serving of notice by the Zoning Officer to the owner of any
property violating any of the provisions of this chapter, the certificate
of occupancy or certificate of compliance, as appropriate, for such
building or use shall be held null and void. A new certificate of
occupancy and/or compliance shall be required for any further use
of such building or premises.
C.
It shall be the duty of the Zoning Officer to issue permits and certificates
to applicants who fully comply with the provisions of this chapter.
D.
The Zoning Officer shall maintain a permanent and current record
of all applications for permits and certificates, his action upon
same, any conditions relating thereto and any other matters considered
and action taken by him. Such records shall form a part of the records
of his office and shall be available for use by Town officials and
for inspection by the public. The records to be maintained shall include
the following:
(1)
Application file. An individual permanent file for each application
for a permit or certificate provided for by this chapter shall be
established at the time the application is made. Said file shall contain
the following:
(a)
One copy of the application and all supporting documents and
plans;
(b)
Notations regarding pertinent dates and fees and the like;
(c)
As appropriate, one copy of any resolutions or actions of the
Town Board, Planning Board or Zoning Board of Appeals in acting on
the application; and
(d)
The date the permit or certificate applied for was issued or
denied.
(2)
Quarterly report. The Zoning Officer shall prepare a quarterly report
for the Town Board. Said report shall cite all actions taken by the
Zoning Officer, including all referrals made by him; all permits and
certificates issued and denied; all complaints of violation received
and all violations found by him, and the action taken by him consequent
thereon; and the time spent and mileage used. A copy of this quarterly
report shall also be transmitted by the Zoning Officer to the Tax
Assessor, Planning Board and Board of Appeals at the same time it
is transmitted to the Town Board.
E.
Whenever the Zoning Officer denies a permit or certificate he shall,
in writing, inform the applicant of the specific reasons for denial
and instruct the applicant on the proper methods to apply for relief.
F.
The Zoning Officer shall maintain a current list and a map of nonconforming
uses to determine if discontinuance or destruction or change in use
or vacancy has taken place.
G.
The Zoning Officer shall maintain a current list and a map showing
the variances and special use permits to determine if the conditions
and safeguards placed on variances and special permits are being complied
with.
H.
Upon written direction from the Town Board, the Zoning Officer shall
issue special use permits. Upon approval of a variance by the Board
of Appeals, the Zoning Officer shall be empowered to issue the necessary
permits with the specific conditions to be imposed.
I.
The Zoning Officer shall be authorized and empowered to issue appearance
tickets pursuant to the New York State Criminal Procedure Law.
