[Amended 10-1-2014 by L.L. No. 7-2014]
For the purposes of enforcement of this chapter,
the Town Board has authorized the Town Building Inspector and Code
Enforcement Officer to serve as zoning enforcement officers. The Building
Inspector and Code Enforcement Officer are charged with administering
all provisions outlined in this chapter, including inspections, investigations
of complaints, and all enforcement actions.
In addition to any other remedies, the Town
may institute any appropriate action or proceeding to prevent or remedy
any unlawful construction, alteration, conversion, maintenance, use
or division of land, occupation of building or property, or to prevent
any illegal act, conduct, business or use in or about such premises
in order to abate or correct said violation.
It shall be unlawful for any person, firm, or
corporation to construct, alter, repair, move, remove, demolish, equip,
use, occupy, or maintain any use of land, building, structure, or
portion thereof, in violation of any provision of this chapter, or
to fail in any manner to comply with a notice, directive, or order
of the zoning enforcement officer, or to construct, alter, or use
and occupy a building or structure or part thereof in a manner not
permitted by an approved building permit or certificate of occupancy.
A.
Except as provided in § 270-42, a violation of any provision of this chapter is hereby declared to be an offense, punishable by a fine not less than $150 and not exceeding $350, or imprisonment for a period not to exceed six months, or both, for conviction of a first offense. For conviction of a second offense which occurred within five years of the first offense, said conviction is punishable by a fine of not less than $350 and not exceeding $700, or imprisonment for a period not to exceed six months, or both. Upon conviction of a third or subsequent offense, all three of which were committed within a period of five years, said conviction is punishable by a fine of not less than $700 and not exceeding $1,000, or imprisonment for a period not to exceed six months, or both.
[Amended 4-5-2006 by L.L.
No. 3-2006; 2-3-2021 by L.L. No. 5-2021]
B.
However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only the provisions
of law relating to misdemeanors shall apply to such violations.
C.
Each week's continued violation shall constitute a
separate additional violation.
D.
In the event that the property owner cannot be contacted,
the enforcement officer shall so report to the Town Board, which by
resolution may authorize that work be done and pay the cost thereof
out of general Town funds to remedy the violation. Furthermore, the
Town shall be reimbursed for the cost of the work performed or services
rendered, by direction of the Town Board as herein provided, by assessment
and levy upon the lots or parcels of land wherein such work was performed
or such services rendered. The expenses so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Town charges.
The zoning enforcement officer may, on his own
initiative, begin enforcement measures on any violation that he discovers
in accordance with the provisions outlined in this chapter. Additionally,
whenever a violation of this chapter occurs, any person may file a
complaint in regard thereto. All such complaints shall be in writing
and shall be filed with the zoning enforcement officer, who shall
properly record such complaint and immediately investigate and report
in writing to the Town Board if a violation is discovered. If a violation
has occurred, the zoning enforcement officer is to commence enforcement
proceedings outlined herein.
A.
Upon discovery of a violation of any provision of
this chapter by the zoning enforcement officer, either on his/her
own initiative or in response to a written complaint, the zoning enforcement
officer is to issue a written "Notice of Violation" form to the landowner
via certified return-receipt mail.
B.
If the landowner fails to remedy the violation within
14 days of receipt of the certified return-receipt letter, or if the
landowner fails to sign and accept such letter, the zoning enforcement
officer is to immediately seek a court summons from the Town Justice
Department.
The notice of violation form shall be written
on Town Building Department letterhead, shall be specific as to the
nature of the violation(s), and shall include the following:
A.
Property owner's name.
B.
Tenant or business name (if appropriate).
C.
Address of property in which the violation has occurred.
D.
If a street address has not been assigned to the property,
the Tax Map number of the property on which the violation has occurred.
E.
The date upon which the zoning enforcement officer
witnessed the violation.
F.
The name of the zoning enforcement officer.
G.
Reference to the section or sections of this chapter
that are being violated.
H.
Written indication that the landowner must remedy
the violation(s) within 14 days of receipt of the notice of violation.
I.
Indication that a court summons will be issued if
the landowner fails to remedy the violation within 14 days.
J.
Reference to the penalties for conviction of a violation,
as outlined in this article.
