[Amended 12-21-2007 by L.L. No. 6-2007; 11-22-2022 by L.L. No. 7-2022]
A.
The office of Zoning Enforcement Officer is hereby
created. The Zoning Enforcement Officer (ZEO) shall administer and
enforce all provisions of this chapter.
(1)
The
Zoning Enforcement Officer shall have the following powers and duties:
(a)
To receive and review all applications for special use permits, site
plan approval and subdivision plat approval and either a certificate
of removal or demolition or certificate of economic hardship pursuant
to the provisions of this chapter. In the event that the Zoning Enforcement
Officer determines that the proposed building and/or uses that are
the subject of the application, accompanied when applicable by related
requests for waiver(s) within the preview of the Planning Board, meet
all of the requirements of the Zoning Law, the application shall be
forwarded by the ZEO to the Planning Board for further review in accordance
with the provisions of the Zoning Law and/or Subdivision Regulations.[1] In the event the ZEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of § 210-60 of this chapter. All applications that require either a freshwater wetlands permit from the New York State Department of Environmental Conservation or involve development within a regulated area consisting of a wetland and its associated buffer shall be forwarded by the ZEO to the Planning Board for review.
(b)
Upon approval of any application for a special use permit, site plan
approval or for any other change in use requiring the issuance of
a building permit, the ZEO shall issue a certificate of use verifying
that the use complies with the provisions of the Zoning Law and the
requirements and conditions imposed by the Planning Board.
(c)
To conduct inspections prior to the issuance of a certificate of
use and inspections incidental to the investigation of complaints
and all other inspections required or permitted under any provision
of this chapter.
(d)
To issue stop-work orders, notices of violations and/or compliance
orders.
(e)
To review and investigate complaints.
(f)
To review all applications for building permits for compliance with
the provisions of the Zoning Law.
(h)
To maintain records.
(i)
To collect fees set by the Town Board.
(j)
To pursue administrative and criminal enforcement actions and proceedings
and/or criminal proceedings to enforce the provisions of this chapter.
(k)
In consultation with the Town Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the provisions of the
Zoning Law.
(l)
To exercise all other powers and fulfill all other duties conferred
upon the Zoning Enforcement Officer by this chapter.
(m)
To inspect in the role of, or in coordination with the Town's stormwater management officer, as may otherwise be applicable, the installation of stormwater management measures pursuant to Chapter 168 of this Code.
(n)
To receive, review in consultation with the Planning Board, and approve
or disapprove applications for sign permits and fence permits.
(2)
The
Zoning Enforcement Officer shall be appointed by the Town Board. The
Zoning Enforcement Officer shall possess background and experience
relating to the enforcement, interpretation, application and enforcement
of zoning laws and shall, within the period prescribed by law, obtain
such basic training, in-service training, advanced in-service training
and other training as the State of New York and/or the Town shall
require for zoning enforcement personnel.
(3)
In
the event the ZEO is unable to serve as such for any reason, an individual
shall be appointed by the Town Board to serve as Acting Zoning Enforcement
Officer. The Acting Zoning Enforcement Officer shall, during the term
of his or her appointment, exercise all powers and fulfill all duties
conferred upon the ZEO by this chapter.
(4)
Compensation
of the Zoning Enforcement Officer shall be fixed from time to time
by the Town Board.
(5)
For
purposes of this chapter, and Ulster County civil service requirements,
the office of Zoning Enforcement Officer shall be synonymous with
"Zoning Administrator."
B.
No building permit or certificate of occupancy shall
be issued by the Code Enforcement Officer 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.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Town of Hurley Stormwater Management Officer may require such inspections as necessary to determine compliance with this section and Chapter 168 and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Hurley enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
[1]
Start of construction;
[2]
Installation of sediment and erosion control
measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping;
[8]
Successful establishment of landscaping in public
areas.
(b)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. No further work shall be conducted
except for site stabilization until any violations are corrected and
all work previously completed has received approval by the Stormwater
Management Officer.
(2)
Stormwater management practice inspections. The Town
of Hurley Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit as-built plans for any stormwater management
practices located on site after final construction is completed. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
(3)
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are
not limited to: reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
(4)
Submission of reports. The Town of Hurley Stormwater Management Officer may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this section and Chapter 168.
(5)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Hurley the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C(3).
D.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Town of
Hurley in its approval of the stormwater pollution prevention plan,
the Town of Hurley may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the Town of Hurley as the beneficiary. The security shall be in an
amount to be determined by the Town of Hurley based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Town of Hurley, provided that such
period shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Town of Hurley. Per annum interest on
cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
(2)
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Town of Hurley with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Hurley may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
E.
Enforcement and penalties.
(1)
Notice of violation. When the Town of Hurley determines that a land development activity is not being carried out in accordance with the requirements of this section and Chapter 168, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer
or applicant;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to bring the land development activity into compliance with this section and Chapter 168 and a time schedule for the completion of such remedial action;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
(f)
A statement that the determination of violation
may be appealed to the municipality by filing a written notice of
appeal within 15 days of service of notice of violation.
(2)
Stop work orders. The Town of Hurley may issue a stop work order for violations of this section and Chapter 168. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Town of Hurley confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section and Chapter 168.
(3)
Violations. Any land development activity that is commenced or is conducted contrary to this section and Chapter 168, may be restrained by injunction or otherwise abated in a manner provided by law.
(4)
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this section and Chapter 168 shall be guilty of a violation punishable by a fine 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, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 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 $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this section and Chapter 168 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.
(5)
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this section and Chapter 168 the Stormwater Management Officer may prevent the occupancy of said building or land.
(6)
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
of Hurley may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
F.
Fees for services. The Town of Hurley may require any person undertaking land development activities regulated by this section and Chapter 168 to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Hurley or performed by a third party for the Town of Hurley.
A.
No building or structure shall be erected, added to
or its exterior structurally altered until a permit therefor has been
issued by the Code Enforcement Officer in accordance with the provisions
of this chapter.
B.
All applications for building permits shall be accompanied
by two copies of a plat plan, drawn to scale and accurately dimensioned,
showing the location of all existing and proposed buildings and structures
on the lot, and such other information as may be required by the Code
Enforcement Officer to determine compliance with this chapter. One
copy of such plat, when approved by the Code Enforcement Officer,
shall be returned to the owner upon the payment of the building permit
application fee, and other Building Department fees, as set forth
in the fee schedule as adopted and amended from time to time by resolution
of the Town Board.
[Amended 4-8-1999 by L.L. No. 1-1999]
C.
In each case where a building or use is proposed in
a Light Industrial District or in a Residential Cluster Development,
not including new streets, the Code Enforcement Officer shall refer
the site plan for such proposal to the Planning Board for review before
issuing a building permit.
D.
The Planning Board shall approve, approve with modifications
or disapprove said site plan, stating the reason therefor, in writing,
in its records, and shall send a written notice of its decision to
the Code Enforcement Officer, who then shall act accordingly, either
issuing a building permit, postponing issuing such permit pending
compliance with the decision of the Planning Board or denying such
permit. If the Code Enforcement Officer does not receive any written
communication on the case by the Planning Board within 45 days after
he or she refers such case to said Planning Board, he or she shall
assume that the site plan meets with its approval.
A.
An owner shall not use or permit the use of any building
or premises or part thereof thereafter created, erected, changed,
converted or enlarged, wholly or partly, in its use or structure,
until a certificate of occupancy shall have been issued by the Code
Enforcement Officer. Such certificate shall state that such building
premises or part thereof and the proposed use thereof are in complete
conformity with the provisions of this chapter. It shall be the duty
of the Code Enforcement Officer to issue a certificate of occupancy,
provided that he or she is satisfied that the building and the proposed
use of the building or premises conform to all the requirements herein
set forth.
B.
Under such rules and regulations as may be established
by the Town Board, a temporary certificate of occupancy for part of
a building may be issued.
C.
No nonconforming use shall be maintained, renewed,
changed or extended without a certificate of occupancy having first
been issued by the Code Enforcement Officer thereof.
D.
A certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies and shall continue in effect
as long as such building and the use thereof or of such land is in
full conformity with the provisions of this chapter and any requirements
made pursuant thereto. On the serving of notice by the Code Enforcement
Officer of any violation of any of said provisions or requirements
in respect to any building or use thereof or of land, the certificate
of occupancy for such use shall thereupon become null and void and
a new certificate of occupancy shall be required for any further use
of such building or land.
E.
The Code Enforcement Officer shall maintain a record
of all certificates, and copies shall be furnished upon request to
any person having a proprietary or tenancy interest in the building
affected. A fee payable to the Town Clerk will be charged for each
certificate copy.
F.
All construction, new or old, must comply with the
New York State Building and Fire Codes.
A.
A violation of this chapter is hereby declared to
be an offense, punishable by a fine 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, 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 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 $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
Each and every week such violation continues shall be deemed a separate
and distinct violation.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Any building erected, constructed, altered, enlarged,
located, converted, moved or used contrary to any of the provisions
of this chapter and any use of any land or any building which is conducted,
operated or maintained contrary to any of the provisions of this chapter
shall be and the same is hereby declared to be unlawful. The Code
Enforcement Officer may institute an injunction, mandamus, abatement
or any other appropriate action to prevent, enjoin, abate or remove
such erection, construction, alteration, enlargement, location, conversion
or use in violation of any of the provisions of this chapter. Such
action may also be instituted by any property owner who may be particularly
damaged by any zoning violation. The Code Enforcement Officer shall
serve notice personally or by registered mail addressed to the premises
of such violation or the person or corporation committing or permitting
the same and, if such violation does not cease within such time as
the Code Enforcement Officer may specify and a new certificate of
occupancy is not obtained, he or she shall institute such of the foregoing
criminal or civil actions as may be necessary to terminate the violation.
Such notice may also be served by posting on the premises.
C.
The remedies provided for herein are cumulative and
not exclusive and shall be in addition to any other remedies provided
by law.
