In an effort to standardize the enforcement and adjudication procedures as they relate to the prosecution of zoning and building violations and to economize the Village's resources as far as possible, the Village of Valatie adopts the following guidelines.
[HISTORY: Adopted by the Board of Trustees of the Village of Valatie as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-13-2004 by L.L. No. 1-2004]
Where the Code Enforcement Official learns of a building or zoning violation, they will approach the individual or corporation to secure compliance, including the payment of relevant fees.
A.
In the event that the individual must seek relief from either the Planning Board or Zoning Board of Appeals, that individual shall apply to the respective board no later than 10 days prior to the next regularly scheduled meeting of that Board. In the event that the individual is unable for good cause to apply to that Board prior to that meeting, the Code Enforcement Official may grant the individual an extension until no later than 10 days before the second meeting immediately following the first. Such extension shall be in writing. No further extension shall be granted.
B.
In the event that the individual must seek relief by applying for a building permit, that individual must make application to the Code Enforcement Official no later than 10 days of being approached by the Code Enforcement Official. In the event that the individual does not make application to the Code Enforcement Official, the Code Enforcement Official shall notify the individual as per § 114-3 below.
C.
In the event that an individual or corporation fails to submit the necessary documents and/or materials to review an application submitted to either the Planning Board or the Zoning Board of Appeals for two consecutive months after making application, the Chairman of the respective board shall notify the Code Enforcement Official in writing. The Code Enforcement Official shall notify the individual or corporation following the procedure contained in § 114-3 below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If the individual does not comply by making timely application to either the Planning Board or the Zoning Board of Appeals, or fails to apply for the necessary permit, the Code Enforcement Official shall immediately send a demand letter via first-class certified mail, return receipt requested, to the individual or corporation citing the nature of the violation, a demand for compliance, the dates by which compliance is sought, and other relief as the Code Enforcement Official deems appropriate. In the event that the individual or corporation does not comply with the demand letter of the Code Enforcement Official, the Code Enforcement Official shall issue an appearance ticket, through the assistance of local law enforcement, with supporting information returnable on the next regularly scheduled Town of Kinderhook Court date.
A.
In the event that prosecution of the individual or corporation becomes necessary, the Village Attorney will assist the Code Enforcement Official with preparing the court papers, if necessary,
B.
If the defendant proceeds without counsel, the Village Attorney will not appear at the court proceedings unless requested by the Code Enforcement Official. However, the Village Attorney will be available for guidance or assistance in preparing for trial or reaching a settlement. The Code Enforcement Official will be the lead official.
C.
If the defendant retains an attorney, the Village Attorney shall appear on behalf of the Village of Valatie throughout the proceedings. The Village Attorney will participate in any settlement conference and, if a settlement is not reached, represent the Village at trial. In this instance, the prosecuting attorney will be the lead official.
The Village official prosecuting the case (i.e., the Code Enforcement Official or Village Attorney) has the authority to enter into a settlement agreement which, in the official's judgment, serves the best interest of the Village. The official may consult with the Mayor, the Village Board or the Village Attorney in negotiating a settlement agreement.
Nothing herein shall preclude any person from commencing a civil action on their behalf or seeking remedies under state or federal law, including New York Criminal Procedure Law § 130.