A.
In accordance with the powers delegated to the Town
Board of the Town of Poughkeepsie by § 268 of the Town Law,
the Town Board of the Town of Poughkeepsie does hereby appoint the
Zoning Administrator of the Town of Poughkeepsie as the enforcement
officer of the Town of Poughkeepsie Zoning Law and does hereby authorize,
direct, delegate and empower said Zoning Administrator and his or
her deputies, as the Zoning Administrator shall delegate, to enforce
all provisions of said Zoning Law, except for those powers reserved
for the Building Inspector and the Town Board as provided herein consistent
with the statutory authority of § 268 of the Town Law.
B.
No building permit or certificate of occupancy shall
be issued by the Building Inspector or duly authorized deputies and
no permit or license for any purpose shall be issued by any official
of the Town if the same would be in conflict with the provisions of
this chapter.
C.
In the case of an irregular lot, the determination
as to what constitutes a side or rear yard shall be made by the Zoning
Administrator.
A.
Except as otherwise provided, it shall be the duty
of the Zoning Administrator to enforce the provisions of this chapter
and of all rules, site plans, special use permits, conditions and
requirements adopted or specified pursuant thereto by the Zoning Board
of Appeals and the Planning Board.
B.
The Zoning Administrator or a duly authorized deputy
shall have the right to enter upon any land at any reasonable hour
in the course of his or her duties.
C.
The Zoning Administrator shall keep a record of every
identifiable complaint of a violation of any of the provisions of
this chapter and of the action taken on each such complaint. These
records shall be public records.
The duties of the Building Inspector in regard to this chapter shall be as set forth in Chapter 68 of the Town Code.
B.
No building permit shall be issued if such permit
would be in conflict with the provisions of this chapter.
C.
No building permit shall be issued for any building
where the site plan of such building is subject to approval by the
Planning Board until such approval has been received and unless the
plans are in conformity with the plans approved by said Board.
D.
No building permit shall be issued for a building
to be used for any use in any district where such use is allowed by
special use permit by the Zoning Board of Appeals unless and until
such special use permit has been duly issued by said Board.
E.
No building permit shall be issued if an area variance
or use variance is required based upon the submitted plan and unless
such variance(s) has been granted.
F.
If a project has received site plan and/or subdivision
approval, any amendments to the plans and specifications previously
reviewed as part of site plan or subdivision application which accompany
a building permit application must be approved by the Planning Board
before a building permit is issued.
G.
A building permit is required for change of use and/or
occupancy of any building.
A.
A violation of this chapter or regulation is hereby
declared to be an offense punishable by a fine not exceeding $1,000
or imprisonment for a period not to exceed six months, or both, for
conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $1,500 or imprisonment
for a period not to exceed six months, or both; and upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $1,500
nor more than $5,000 or imprisonment for a period not to exceed six
months, or both. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
or regulations shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
[Amended 11-28-2007 by L.L. No. 30-2007]
B.
Taking of emergency action. If, in the opinion of
the Zoning Administrator, a violation exists which requires immediate
action to avoid a direct hazard or imminent danger to the health,
safety or welfare of occupants of a building or to other persons,
the Zoning Administrator may direct such violation immediately remedied
or may take such action on her or his own initiative to abate the
hazard. Any costs incurred by such action shall be paid by the owner,
occupant or person responsible for the violation. The Zoning Administrator
shall keep on file an affidavit stating with fairness and accuracy
the items of expense, including actual time expended by Town personnel
on such enforcement, and date of execution of action taken and is
furthermore authorized to institute a civil suit, if necessary, against
the person liable for such expense in a court of competent jurisdiction
to recover said costs.
C.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board.
[Added 6-3-2009 by L.L. No. 22-2009]
