No board, agency, officer or employee of the
Town shall issue, grant or approve a permit, license, certificate
or other authorization, including a special permit and variance, for
any construction, reconstruction, alteration, enlargement or moving
of any building or for any use of any land or building that would
not be in full compliance with the provisions of this chapter. Any
such permit, license, certificate or other authorization issued, granted
or approved in violation of the provisions of this chapter shall be
null and void and of no effect without the necessity of any proceedings
for revocation or nullification thereof, and any work undertaken or
use established and pursuant to any such permit, license, certificate
or other authorization shall be unlawful, and no action shall be taken
by any board, agency, officer or employee of the Town purporting to
validate any such violation.
Every building permit for a use for which a
special permit, variance, interpretation or site development plan
approval has been granted shall contain a specific reference to such
special permit, variance, interpretation or site development plan
approval.
The applicant for any building permit shall
have the burden of documenting that the lot upon which the building
is proposed to be constructed was established in compliance with all
laws and ordinances at the time of establishment. Copies of all applicable
deeds, filed maps, surveys and any other necessary legal instruments
shall be supplied by the applicant.
A.
Every certificate of occupancy for a use for which
a special permit, variance or interpretation has been granted shall
contain a specific reference to such special permit, variance or interpretation.
B.
No certificate of occupancy shall be issued for any
use of a building or land for which site development plan approval
by the Planning Board has been granted unless and until the Departments
of Planning and Community Improvement, Engineering, Central Operations
and Highways have been notified, in writing, and allowed 30 days for
comment prior to the issuance of the certificate of occupancy. Pending
the issuance of such a certificate of occupancy, a temporary certificate
of occupancy may be issued for a period not exceeding 90 days during
the completion of any alterations which are required under the provisions
of any law or ordinance. Such temporary certificate shall not be construed
as in any way altering the respective rights, duties or obligations
of the owner or of the Town relating to the use or occupancy of the
land or building or any other matter covered by this chapter, and
such temporary certificate shall not be issued except under such restrictions
and provisions as will adequately assure the safety of the occupants
of the building and of adjacent buildings and land. Reasonable costs
for verifying that the erection or alteration of such building or
part thereof is in conformity with the site development plan approval
shall be paid by the applicant.
In addition to all other powers and duties assigned
to the Director of Code Administration and Enforcement, it shall be
the duty of the Director of Code Administration and Enforcement to
enforce the provisions of this chapter and the conditions of any special
permit, variance, interpretation or site development plan approval.
A.
The Zoning Board of Appeals shall have all the powers
and duties prescribed by § 267 of the New York State Town
Law, as may from time to time be amended.
B.
All appeals and applications made to the Zoning Board
of Appeals shall be in writing, on forms prescribed by said Board,
and each appeal or application shall fully set forth the circumstances
of the case. Every appeal or application shall refer to the specific
provision of the ordinance involved and shall exactly set forth, as
the case may be, the interpretation that is claimed, the use for which
the special permit is sought or the details of the variance that is
applied for and the grounds on which it is claimed that the same should
be granted. Every decision of the Zoning Board of Appeals shall be
recorded in accordance with standard forms adopted by said Board and
shall duly set forth the circumstances of the case and the findings
on which the decision is based.
C.
Any applicant for an interpretation, variance or special
permit shall file with the Clerk of the Zoning Board of Appeals a
notarized application on a standard form, approved by the Zoning Board
of Appeals, accompanied by a fee established by Town Board resolution.
D.
In addition to the requirements for notice under § 267,
Subdivision 5, of the New York State Town Law,[1] the designated official shall give written notice to property
owners adjacent to and across the street from a property for which
an application has been made to the Zoning Board of Appeals and a
public hearing has been scheduled by mailing such notice at least
seven calendar days in advance of the public hearing.
[1]
Editor's Note: Pursuant to renumbering by
the Laws of 1991, c. 692, this subject matter now appears in Town
Law § 267-a, Subdivisions 7 and 10.
E.
Property owners and their addresses shall be as maintained
in the assessment rolls of the Town of Cortlandt.
F.
A sign giving notice of a public hearing to be held
on an application to the Zoning Board of Appeals shall be posted in
the front yard and visible from the adjoining road of the subject
property. Said sign shall be posted by the applicant at least 20 days
before the date of such hearing. The applicant shall obtain said sign
from the Town of Cortlandt. The applicant shall submit a written,
signed affidavit indicating the date, location and method of posting
of said sign, including a photo of the sign taken from the front property
line.
[Added 8-12-2003]
A.
A violation of this chapter or a regulation made thereunder
is hereby declared to be an offense, punishable by a fine not exceeding
$350 or by 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 of not less than $350 nor more than $700 or by
imprisonment for a period not to exceed six months, or both; and upon
a conviction for a third or subsequent offense, all of which were
committed within a period of five years, punishable by a fine of not
less than $700 nor more than $1,000 or by 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 regulation 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.
B.
In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained 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
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use, to restrain,
correct or abate such violations, to prevent 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, and upon the
failure or refusal of the proper local officer, board or body of the
Town to institute any such appropriate action or proceeding for a
period of 10 days after written request by a resident taxpayer of
the Town so to proceed, any three taxpayers of the Town residing in
the district wherein such violation exists who are jointly or severally
aggrieved by such violation may institute such appropriate action
or proceeding in like manner as such local office, board or body of
the Town is authorized to do.
C.
Upon his becoming aware of any violation of any of
the provisions of this chapter, the Director of Code Administration
and Enforcement shall serve notice of such violation on the person
or corporation committing or permitting the same, and if such violation
has not ceased within such reasonable time as the Director of Code
Administration and Enforcement may specify, he shall institute such
actions as may be authorized pursuant to this Article and as may otherwise
be provided under and pursuant to local laws and ordinances of the
Town of Cortlandt and the laws of the State of New York.
D.
Civil penalties.
[Added 3-11-2014 by L.L. No. 2-2014]
(1)
Any
person, firm or corporation who violates any provision of the Zoning
Ordinance or any rule or regulation of this chapter or the terms or
conditions of any certificate of occupancy issued shall be liable
for a civil penalty of not more than $250 for each day or part thereof
during which the violation continues. The civil penalty provided in
this subsection shall be recoverable and an action instituted in the
name of the Town.
(2)
Alternatively,
in addition to an action to recover the civil penalties provided by
the above subsection, the Town may institute any appropriate action
or proceeding to prevent, retrain, enjoin and correct or abate any
violation of or to enforce any provision of the Zoning Ordinance or
the terms and conditions of any certificate of occupancy issued thereunder.
