The enforcement of the provisions of this chapter
shall be held to the minimum requirements for the promotion of the
public safety, convenience, prosperity and general welfare of the
Town of Milan.
A.
The Zoning Enforcement Officer, appointed by the Milan Town Board, shall administer and strictly enforce all provisions of this chapter and other Town, County and state regulations applicable to the enforcement of this chapter. The Zoning Enforcement Officer shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. The Building Inspector shall, in coordination with the Zoning Enforcement Officer, administer and issue building and demolition permits in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code and the more specific requirements of this chapter and the Town of Milan Flood Damage Prevention Law (see Chapter 127).
B.
Duties of the Zoning Enforcement Officer.
(1)
It shall be the duty of the Zoning Enforcement Officer
(ZEO) to keep a record of all applications for permits and a record
of all permits issued with a notation of all special conditions involved.
The ZEO shall file and safely keep copies of all plans submitted,
and the same shall form a part of the records and shall be available
for use of the Town and other officials. The ZEO shall not issue a
permit for the construction of any building or use of any property
unless such building or use conforms to all other regulations of the
Town of Milan.
(2)
The Zoning Enforcement Officer shall approve all applications,
in writing, prior to authorizing the Building Inspector to issue a
building permit. Prior to granting such approval, the Zoning Enforcement
Officer shall refer any application to the appropriate board(s) for
review and approval, in compliance with the provisions of this chapter.
(3)
The Zoning Enforcement Officer or Building Inspector,
upon the showing of proper credentials and adequate notice, may enter
upon any land within the Town in the course of his/her duties to inspect
and assure compliance with this chapter and other applicable regulations.
(4)
The Zoning Enforcement Officer shall keep a record
of every identifiable complaint of a violation of any of the provisions
of this chapter and the action taken on each complaint. These records
shall become part of the Town's public records.
(5)
The Zoning Enforcement Officer shall report to the
Town Board each month, summarizing the number of building permits,
certificates of occupancy and other permits issued during that monthly
period and other information required by the Town Board.
C.
Duties of the Building Inspector.
(1)
The Building Inspector shall issue building permits,
certificates of occupancy and demolition permits upon compliance with
the provisions of this chapter and approval of the Zoning Enforcement
Officer. The Building Inspector shall not issue any permits until
the appropriate application for a permit or certificate of occupancy
has been reviewed and approved by the Zoning Enforcement Officer.
(2)
The Building Inspector shall administer and enforce
the provisions of the New York State Uniform Fire Prevention and Building
Code and any local regulations covering the disposition of unoccupied
or unsafe structures.
A.
It shall be unlawful to commence the excavation for
or the construction of any building or structure, including accessory
buildings, or to commence the moving, alteration or demolition of
any building or structure, including accessory buildings, until the
Zoning Enforcement Officer has authorized the Building Inspector to
issue a building permit or demolition permit for such work.
B.
Under the terms and provisions of this chapter, the
following types of building permits may be issued:
(1)
Permitted use. A building permit for a principally
permitted or accessory use may be issued by the Building Inspector
after the property owner has received site plan approval, where applicable,
from the Planning Board, as specified in this chapter.
(2)
Special use. A building permit for a special use may
be issued by the Building Inspector upon verification of approval
for a special use permit, where applicable, by the Planning Board
or Zoning Board of Appeals as specified in this chapter.
(3)
Appeal or request for variance. A building permit
may be issued by the Building Inspector upon verification of approval
by the Zoning Board of Appeals of the property owner's request for
an appeal or variance, where applicable, as specified in this chapter.
C.
Prior to the issuance of a building permit for a structure,
other than an existing one- or two-family dwelling, in which there
will be facilities for the generation of wastewater, the applicant
must submit to the Zoning Enforcement Officer a plan of the property
to a suitable scale. The plan shall include the location and design
of a wastewater treatment and/or disposal system. Such plan must be
prepared and certified by a licensed professional engineer or other
professional person qualified for such purposes who has been approved
by the Dutchess County Health Department and/or whenever applicable,
by the New York State Department of Environmental Conservation. Before
a certificate of occupancy may be issued for that building, the owner
must submit certification from the Dutchess County Department of Health
that the system has been installed in accordance with the approved
plan. However, if the septic tank or system fails for an existing
one- or two-family dwelling, the Town Board may authorize the Zoning
Enforcement Officer to require that a new septic tank be installed
that meets the design criteria set forth by the Dutchess County Health
Department.
D.
Application procedure.
(1)
The application for a building permit shall be made
on the Town's application forms to the Building Inspector and shall
contain the following information:
(a)
A description of the land parcel on which the
proposed work is to be done, identified by tax assessment grid numbers.
(b)
A statement of the use or occupancy of all parts
of the land and the building or structure.
(c)
A brief description of the nature of the proposed
work in sufficient detail to clearly outline the nature of the project.
(d)
The valuation of the proposed work.
(e)
The full name and address of the owner, the
applicant and the responsible officers of any corporation.
(f)
Evidence of Dutchess County Health Department
approval, if necessary.
(g)
Evidence of a driveway permit or work permit
from the appropriate authority (New York State Department of Transportation,
Dutchess County Department of Public Works, Town Highway Superintendent).
(h)
Evidence of the issuance of any other permits
and approvals (e.g., New York State Department of Environmental Conservation)
required to carry out the intended project.
(i)
Such other information as may reasonably be
required by the Zoning Enforcement Officer to establish compliance
of the proposed work with the requirements of the applicable laws,
ordinances, rules and regulations.
(2)
Applications shall be made by the owner, lessee (or
agent of either) or the architect, engineer or builder employed in
connection with the proposed project. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of owner or applicant that the proposed work is authorized by the
owner and that the applicant is authorized to make such application.
(3)
Each application for a building permit shall be accompanied
by two copies of plans and specifications, including a plot plan,
drawn to scale, showing the location and size of all proposed new
construction and all existing structures on the site, the nature and
character of the work to be performed and the materials to be incorporated,
distance from lot lines, the relationship of structures on adjoining
property, widths and grades of adjoining streets, walks and alleys
and, where required by the Building Inspector or Zoning Enforcement
Officer, details of structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data.
(4)
Storm drainage and erosion control plans shall also
be submitted with the application for a building permit. Drainage
affecting adjacent properties shall be considered by the Zoning Enforcement
Officer before issuing a building permit, including possible runoffs
to adjacent properties. The Zoning Enforcement Officer and Building
Inspector shall have the right to inspect all privately owned water
and sewage disposal systems to ensure compliance with the Town of
Milan regulations.
(5)
Any amendments to the original application forms or
plans may be filed at any time prior to completion of work, subject
to the approval of the Zoning Enforcement Officer.
(6)
If the proposed excavation, construction, alteration,
demolition or movement as set forth in the application is in conformity
with the provisions of this chapter, and other regulations of the
Town, the Zoning Enforcement Officer shall approve a permit for such
excavation, construction, alteration, demolition or movement and authorize
the Building Inspector to issue the permit.
E.
Denial of building permit. If a building permit is
denied, the Zoning Enforcement Officer shall state such denial in
writing, with the cause, and shall mail notice of such denial by certified
mail within five business days to the applicant at the address indicated
on the application.
F.
Effect. The issuance of a building permit shall in
no case be construed as waiving any provision of this chapter.
H.
Terms. A building permit shall become void one year
from the date of issuance, unless substantial progress has been made
since that date on the project described therein. However if substantial
work has been completed on the project, the building permit may be
renewed for an additional one-year period, upon application to the
Zoning Enforcement Officer, without the payment of an additional fee.
Payment shall be required for renewal of a building permit if substantial
work has not been completed on the project, as determined by the Building
Inspector.
I.
Stop orders. Whenever the Zoning Enforcement Officer,
in the case of the use of any building or land, or the Building Inspector,
in the case of work on any building or structure, has reasonable grounds
to believe that such activity is occurring either in violation of
the provisions of this chapter, not in conformity with any application
made, permit granted or other approval issued or in an unsafe or dangerous
manner, the Zoning Enforcement Officer or the Building Inspector,
as applicable to the particular action being undertaken, shall promptly
notify the appropriate person or persons responsible to suspend work
on any such building or structure or the use of any such land. Such
persons shall forthwith suspend such activity until such time that
the stop order has been rescinded, in writing, by the issuing party.
Such order and notice shall be in writing and shall state the conditions
under which the work or use may be resumed by delivering it personally
to him or by posting the same upon a conspicuous portion of the building
under construction or premises in use. In addition, a copy of the
stop order shall be sent to the person or persons responsible, by
certified mail, within five business days after issuance of the stop
order.
J.
Revocation of building permits. The Zoning Enforcement
Officer shall order the revocation of an approved building permit
in the following instances:
(1)
Where there has been a false statement or misrepresentation
as to a significant material fact in the application, plans or specifications
on which the building permit was based.
(2)
Where the building permit was issued in error and
should not have been issued in accordance with the applicable provisions
of either this chapter or the New York State Uniform Fire Prevention
and Building Construction Code.
(3)
Where the work performed under the permit is not being
completed in accordance with the provisions of the application, approved
plans or specifications.
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Zoning Enforcement Officer or Building Inspector.
K.
Emergency action. If, in the opinion of the Zoning
Enforcement Officer or the Building Inspector, the latter as applicable
in the case of building construction, 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 Enforcement Officer or Building Inspector, as applicable,
may direct such violation immediately remedied or may take direct
action on their own initiative to abate the hazard. Any costs incurred
by such action shall be paid for by the owner, occupant or person
responsible for the violation. The Zoning Enforcement Officer or Building
Inspector, as applicable, shall keep on file an affidavit stating
with fairness and accuracy the items of expense and date of execution
of action taken and is furthermore authorized to institute a suit,
if necessary, against the person liable for such expenses, in order
to recover said costs.
A.
General requirements. The following requirements shall
be applicable to the issuance of certificates of occupancy:
(1)
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
approved by the Zoning Enforcement Officer and issued by the Building
Inspector.
(2)
No building hereafter enlarged, demolished, altered
or upon which work has been performed which required the issuance
of a building permit shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work unless
a certificate of occupancy shall have been approved by the Zoning
Enforcement Officer and issued by the Building Inspector.
(3)
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been approved by the Zoning Enforcement Officer
and issued by the Building Inspector.
(4)
No certificate of occupancy shall be issued for any
special use of a building or land requiring issuance of a special
use permit or site plan approval by the Planning Board unless and
until such special use permit or site plan approval has been granted
by the Planning Board. Every certificate of occupancy for which a
special use permit or site plan approval has been granted or in connection
with which a variance has been granted by the Zoning Board of Appeals
shall contain a detailed statement of any condition to which the same
is subject and include, by attachment, a copy of such Planning Board
or Zoning Board of Appeals decision.
(5)
The owner or his/her agent shall submit an application
for a certificate of occupancy. Accompanying this application and
before the issuance of a certificate of occupancy, there shall be
filed with the Zoning Enforcement Officer or Building Inspector an
affidavit of the owner or builder who supervised construction of the
work that the structure has been erected in accordance with approved
plans and, as erected, complies with the provisions of this section
and all other laws governing building construction, except insofar
as variations therefrom have been legally authorized; such variations
shall be specified in the affidavit.
B.
Issuance of certificate of occupancy. Within five
business days after notification that a building or structure or premises
or part thereof is ready for occupancy or use, it shall be the duty
of the Zoning Enforcement Officer to make a final inspection thereof.
Prior to the issuance of a certificate of occupancy, the Building
Inspector shall examine or cause to be examined all buildings and
structures on the site for which an application has been filed for
a building permit to construct, enlarge, alter, repair, remove, demolish
or change the use of occupancy; the Building Inspector and/or Zoning
Enforcement Officer may conduct such inspections as appropriate from
time to time during and upon completion of the work for which a building
permit has been issued. There shall be maintained by the Zoning Enforcement
Officer a record of all such inspections and examinations, together
with a record of findings in violations of the chapter.
C.
Denial of certificate of occupancy.
(1)
If the Zoning Enforcement Officer after such final
inspection refuses to issue a certificate of occupancy, the Zoning
Enforcement Officer shall state such denial, in writing, with the
cause and immediately thereupon mail notice by certified mail, return
receipt requested, of such denial to the applicant at the address
indicated on the application.
(2)
When, after final inspection, it is found that the
proposed work has not been completed in accordance with the applicable
provisions of this chapter or in accordance with the application,
plans and specifications filed in connection with the issuance of
the building permit, the Zoning Enforcement Officer shall deny the
issuance of a certificate of occupancy and shall order the work completed
in conformity with the building permit and in conformity with the
applicable building regulations.
(3)
The Zoning Enforcement Officer shall inspect or authorize
the Building Inspector to inspect the work again to make sure that
the work is completed as previously ordered. If the work has been
completed in compliance with the application plans submitted in connection
with the building permit and applicable sections of this chapter,
the Zoning Enforcement Officer shall issue a certificate of occupancy
to the property owner. The certificate of occupancy shall certify
that the work has been completed and that the proposed use and occupancy
is in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof of the building or structure.
A.
Remedies. In case any building or structure is erected,
constructed, reconstructed, altered, converted or maintained in violation
of this chapter or any building, structure or land is used in violation
of this chapter, the proper local authorities of the Town, in addition
to other remedies, may institute any appropriate actions or proceedings
to prevent such unlawful erection, construction, alteration, conversion,
maintenance or use; to restrain, correct or abate such violation;
to prevent the occupancy of said building, structure or land; or to
prevent any illegal act, conduct, business or use in or about such
building, structure or land.
B.
Penalties. Any person, firm or corporation who violates,
disobeys, neglects or refuses to comply with or resists the enforcement
of any of the provisions of this chapter shall be guilty of a misdemeanor
or violation and, upon conviction thereof, shall be subject to a fine
of not more than $250 for each day or part thereof during which such
violation continues; and/or imprisonment (misdemeanor penalty) for
a period of not more than six months, or both so fined and imprisoned
for each offense. All such penalties shall be collectible by and in
the name of the Town of Milan. Such notice shall be given to the owner
by certified mail.
[Amended 4-17-2023 by L.L. No. 1-2023]
A.
Court action. The imposition of penalties herein prescribed
shall not preclude the Town Board or any person from instituting an
appropriate legal action or proceeding in a court of competent jurisdiction
to prevent an unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance of use or to restrain by injunction,
correct or abate a violation or prevent the illegal occupancy of a
building, structure or land.
B.
Citizen action. A person or persons who have been denied an application for a building permit or certification of occupancy or who feel aggrieved by a decision/determination made by the Zoning Enforcement Officer or Building Inspector can file an appeal with the Town's Zoning Board of Appeals as set forth in Article VII, § 200-60 of this chapter.
C.
Article 78 action. Any person or persons jointly or
severally aggrieved by any decision of the Zoning Board of Appeals
or any officer, department, board or bureau of the Town may apply
to the New York Supreme Court for review by a proceeding under Article
78 of the Civil Practice Laws and Regulations of New York State, and:
(1)
The Article 78 action must be instituted within 30
days after the filing of a local official or Board's decision in the
office of the Town Clerk;
(2)
The Court may take evidence or appoint a referee to
take such evidence as it may direct and report the same with his/her
findings of fact and conclusions of law if it shall appear that testimony
is necessary for the proper disposition of the matter;
(3)
The Court, at special term, shall itself dispose of
the case on the merits, determining all questions which may be presented
for determination;
(4)
Costs shall not be allowed against the Zoning Board
of Appeals unless it shall appear to the Court that it acted with
gross negligence or in bad faith or with malice in making the decision
appealed from;
(5)
All issues in any Article 78 proceeding shall have
preference over all other civil actions and proceedings; and
(6)
If upon the hearing at a special term of the Supreme
Court it shall appear to the court that testimony is necessary for
the proper disposition of the matter, it may take evidence or appoint
a referee to take such evidence as it may direct and report the same
to the court with his or her findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which the determination
of the court shall be made. The court may reverse or affirm, wholly
or partly, or may modify the decision brought up for review.
