This chapter shall be enforced by a person hereinafter called the "Code Enforcement Officer," who shall be designated by the Village Board, and who shall in no case grant any permit for any building or use on premises where the proposed erection, alteration, relocation or use thereof would be in violation of any provision of this chapter. The Code Enforcement Officer shall make such inspections of buildings or premises as are necessary to carry out their duties. No permit nor certificate of occupancy required hereunder shall be issued by the Code Enforcement Officer except in compliance with the provisions of this chapter or as directed by the ZBA under the provisions of Article XIV.
A.
Zoning permit.
(1)
No building shall hereafter be erected, relocated or altered
as to outside dimensions or to permit a change in its use and no excavation
for any building shall begin unless and until a permit therefor has
been issued by the Code Enforcement Officer, or by the ZBA wherever
it is provided in this chapter that the approval of the ZBA is required.
The fee for any such permit shall be as determined by the Village
Board.
(2)
No such permit shall be issued until there has been filed with
the Code Enforcement Officer a sketch or plot plan showing the actual
dimensions and angles of the lot to be built upon, the exact size
and location on the lot of the building or accessory buildings to
be erected, relocated or altered, and such other information as may
be necessary to determine and provide for the enforcement of this
chapter. Each application shall state the purpose for which the structure
or land is to be used and a general description of the type of construction.
(3)
The Code Enforcement Officer shall issue or refuse to issue
such permits all within a reasonable time. Notice of refusal to issue
any permit shall be given to the owner or to the owner's authorized
representative in writing and shall state the reasons for said refusal.
B.
Certificate of occupancy.
(1)
No land shall be used, occupied or changed in use and no building
hereafter erected, altered or extended until a certificate of occupancy
shall have been issued by the Code Enforcement Officer. Under such
rules as may be established by the ZBA, a temporary certificate of
occupancy for not more than 30 days for a part of a building may be
issued by the Code Enforcement Officer. For previously existing construction,
the Code Enforcement Officer may, on request, issue such a certificate
if they determine that the use of the building in question meets the
requirements of this chapter.
(2)
A certificate of occupancy shall be issued only if the proposed
use of the building or land conforms to the provisions of this chapter
and to the plot plan, purpose and description for which the permit
was issued. The Code Enforcement Officer shall make or cause to have
made an inspection of each building or lot for which a certificate
of occupancy has been applied before issuing such certificate.
C.
Completion of buildings under construction. Nothing herein shall
require any change in the plans, construction or designated use of
a building under construction legally at the time of the passage of
this chapter.
A.
Purpose. The Village of Canton Planning Board was established by
a resolution of the Village Board in 1964. The Planning Board shall
have all the powers and perform all the duties prescribed by state
statute and this chapter.
B.
Organization of the Planning Board.
(1)
The Planning Board shall consist of five members, each of whom
shall reside in the Village of Canton.
(2)
Members of the Planning Board shall be appointed by the Mayor,
subject to the approval of the Village Board.
(3)
The Mayor shall annually appoint one of the members of the Planning
Board to serve as Chairperson, and such appointment shall be subject
to the approval of the Village Board.
(4)
No person who is a member of the Village Board shall be eligible
for membership on the Planning Board.
(5)
No person shall be disqualified from serving as a member of
the Planning Board by reason that said person serves as a member of
the Town Planning Board or as a member of the County Planning Board.
(6)
Membership term.
(a)
Each member of the Planning Board currently serving shall hold
their office until their present term expires. At the end of each
member's term, their successor shall be appointed for a term
of five years from the date of their initial appointment. If a vacancy
in office shall occur otherwise than by expiration of the member's
term, the Mayor shall appoint a new member for the unexpired term.
(b)
The member who is appointed as the Chairperson of the Planning
Board shall serve in such capacity for a period of one year from the
date of his or her appointment as Chairperson. If a vacancy in office
shall occur otherwise than by expiration of the Chairperson's
term, the Mayor shall appoint a new Chairperson for the unexpired
term.
(7)
Alternates.
(a)
There shall be one alternate member of the Planning Board. Alternate
members shall be appointed by the Mayor, subject to the approval of
the Village Board, for terms that shall expire at the end of each
official year.
(b)
An alternate member of the Planning Board shall substitute for
a regular member in the event such regular member is unable to participate
because of a conflict of interest on an application or matter before
the Planning Board. It shall be the responsibility of the Chairperson
of the Planning Board to designate an alternate member to substitute
for a regular member of the Planning Board in the event such regular
member is unable to participate because of a conflict of interest
on an application or matter before the Planning Board. When so designated,
the alternate member shall possess all the powers and responsibilities
of a regular member of the Planning Board. Such designation shall
be entered into the minutes of the initial Planning Board meeting
at which the substitution is made.
C.
Training.
(1)
Each member of the Planning Board shall complete, at a minimum,
four hours of training each year designed to enable such members to
more effectively carry out their duties. Training received by a member
in excess of four hours in any one year may be carried over by the
member into succeeding years to meet this requirement. Such training
shall be approved by the Village Board and may include, but not be
limited to, training provided by a municipality, regional or county
planning office or commission, county planning federation, state agency,
statewide municipal association, college or other similar entity.
D.
Meetings. All meetings of the Planning Board shall be held at the
call of the Planning Board Chairperson and at such other times as
the Planning Board shall determine.
E.
Duties and powers. The Planning Board shall have the following duties,
powers and authority:
(4)
Perform such other, additional or different reviews, approvals,
functions and duties as specifically provided to the Planning Board
by provisions of this chapter and the Village Code.
(5)
Provide recommendations on referred matters from the Village
Board, ZBA and Code Enforcement Officer as described below: The Village
Board, ZBA or other boards and Village departments may seek input
from the Planning Board where its input would help to make a more
informed decision or where it is required pursuant to state law or
the Village Code. The Village Board or ZBA may provide for the referral
of any matter or class of matters to the Planning Board before final
action is taken by the Village Board or other department, agency or
officer of the Village having final authority. The Village Board may
further stipulate that final action shall not be taken until the Planning
Board has submitted its report.
(6)
Review, prepare and recommend any proposed Canton Comprehensive
Plan, including amendments and revisions to any existing Comprehensive
Plan.
A.
Organization of the ZBA.
(1)
The ZBA has been established in accordance with § 7-712
of the NYS Village Law.
(2)
The ZBA shall consist of five members, each of whom shall be
appointed by the Mayor.
(3)
Members now holding office for terms that do not expire at the
end of the official year shall, upon the expiration of their term,
hold office until the end of the official year and their successors
shall then be appointed for terms equal in years to the number of
members of the Board.
(4)
The Mayor shall annually appoint one member of the ZBA to serve
as Chairperson; such appointment shall be subject to the approval
of the Village Board.
(5)
Alternates.
(a)
There shall be one alternate member of the ZBA. Alternate members
shall be appointed by the Mayor, subject to the approval of the Village
Board, for terms that shall expire at the end of each official year.
(b)
An alternate member of the ZBA shall substitute for a regular
member in the event such regular member is unable to participate because
of a conflict of interest on an application or matter before the ZBA.
It shall be the responsibility of the Chairperson of the ZBA to designate
an alternate member to substitute for a regular member of the ZBA
in the event such regular member is unable to participate because
of a conflict of interest on an application or matter before the ZBA.
When so designated, the alternate member shall possess all the powers
and responsibilities of a regular member of the ZBA. Such designation
shall be entered into the minutes of the initial ZBA meeting at which
the substitution is made.
(6)
The ZBA shall adopt from time to time such rules and regulations
as it may deem necessary to carry into effect the provisions of this
chapter, and all its resolutions and orders shall be in accordance
therewith.
B.
Training.
(1)
Each member of the ZBA shall complete, at a minimum, four hours
of training each year designed to enable such members to more effectively
carry out their duties. Training received by a member in excess of
four hours in any one year may be carried over by the member into
succeeding years to meet this requirement. Such training shall be
approved by the legislative body and may include, but not be limited
to, training provided by a municipality, regional or county planning
office or commission, county planning federation, state agency, statewide
municipal association, college or other similar entity.
(2)
To be eligible for reappointment to the ZBA, such member shall have completed the training promoted by the Village Board described in Subsection B(1) above.
(3)
No decision of the ZBA shall be voided or declared invalid because
of a failure to comply with the training requirement.
C.
Meetings; Chairperson duties. All meetings of the Board of Appeals
shall be held at the call of the Chairperson and at such other times
as such Board may determine.
D.
Powers and duties of the Zoning Board of Appeals. The ZBA shall have
the following power and duties prescribed by statute (see § 7-712
of the NYS Village Law, as may be amended from time to time) and this
chapter:
(1)
Interpretation of this chapter and the Zoning Map.
(2)
Upon appeal from a decision by the Code Enforcement Officer
or on request by any aggrieved person, official, board or department
of the Village, the ZBA shall decide any question involving the interpretation
of any provision of this chapter.
(3)
Hear and determine appeals from any refusal of a work permit,
building permit or certificate of occupancy by the Code Enforcement
Officer or review any order or decision of said individuals where
such order or decision is based upon the requirements of this chapter.
(4)
Grant variances on appeal from the decision or determination
of the Code Enforcement Officer.
A.
Violations. The Code Enforcement Officer is authorized to order,
in writing, the remedying of any condition or activity found to exist
in, on or about any building, structure or premises in violation of
this chapter or any other applicable local law, ordinance or regulation
adopted by the Village Board for administration and enforcement of
this chapter.
(1)
Upon finding that any such condition or activity exists, the
Code Enforcement Officer shall issue a compliance order.
(2)
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates this chapter
or any other applicable local law, ordinance or regulation adopted
by the Village Board for administration and enforcement of this chapter;
(d)
Identify the provision or provisions of this chapter or any
other applicable local law, ordinance or regulation adopted by the
Village Board for administration and enforcement of this chapter that
is/are violated by the specified condition or activity;
(e)
Specify the period of time the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance, and shall direct
that compliance be achieved within the specified period of time; and
(f)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(3)
The Code Enforcement Officer shall cause the compliance order,
or a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail.
(4)
The Code Enforcement Officer shall be permitted, but not required,
to cause the compliance order, or a copy thereof, to be served on
any occupant of the affected property personally or by registered
mail or certified mail; provided, however, that failure to serve any
occupant shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer is authorized to
issue appearance tickets for any violation of this chapter or any
other applicable local law, ordinance or regulation adopted by the
Village Board for administration and enforcement of this chapter.
C.
Abatement.
(1)
Upon authorization by the Village Board, an action or proceeding
may be instituted in the name of this Village in a court of competent
jurisdiction to prevent, restrain, enjoin, correct or abate any violation
of, or to enforce any provision of, this chapter or any other applicable
local law, ordinance or regulation adopted by the Village Board for
administration and enforcement of this chapter.
(2)
All costs and expenses incurred by the Village to prevent, restrain,
enjoin, correct or abate any violation of, or to enforce any provision
of, this chapter or any other applicable local law, ordinance or regulation
adopted by the Village Board for administration and enforcement of
this chapter, to include, without limitation, the costs and expenses
of any court action or proceeding undertaken in connection therewith,
plus accrued interest at the rate of 9% per annum, shall be charged
to the owner(s) of said premises, who shall be jointly and severally
personally responsible for the payment of said costs, expenses and
accrued interest. The Code Enforcement Officer shall file a sworn
statement with the Village Clerk identifying the location of the property
upon which the violation occurred, and showing the costs and expenses
incurred by the Village. The filing of said sworn statement shall
constitute a lien on the property, which shall remain in full force
for the amount due for collection until full payment or satisfaction
has been made. Said costs and expenses and accrued interest shall
be assessed against the property and levied as part of the next Village
tax bill for the property and collected in the manner fixed by law
for the collection of taxes.
D.
Penalties.
(1)
In addition to any other penalties prescribed by law, any person
who violates any provision of this chapter or any other applicable
local law, ordinance or regulation adopted by the Village Board for
administration and enforcement of this chapter shall be liable to
a civil penalty of not less than $150 and not more than $500 for each
day or part thereof during which such violation continues. The civil
penalties provided by this subsection shall be recoverable in an action
instituted in the name of the Village.
(2)
In addition to the civil penalties described Subsection D(1), the following criminal penalties shall apply:
(a)
A first or second offense under this chapter shall be treated
as a violation.
(b)
A third conviction within a five-year period shall be treated
as an unclassified misdemeanor and shall be punishable by a fine not
less than $500 and not to exceed $1,000 and/or imprisonment for a
period not to exceed six months.
(3)
No remedy or penalty specified in this subsection shall be the
exclusive remedy or penalty available to address any violation described
in this subsection, and each remedy or penalty specified in this subsection
shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified in this subsection or
in any other section of this chapter, or in any other applicable law.
Any remedy or penalty specified in this subsection may be pursued
at any time, whether prior to, simultaneously with or after the pursuit
of any other remedy or penalty.
