A.
This chapter
shall be enforced and administered by the Code Enforcement Officer,
who shall be appointed by the Village Board of Trustees. The Village
Board of Trustees may fix the salary or remuneration of such Code
Enforcement Officer and provide for payment thereof.
B.
No zoning
permit or certificate of compliance shall be issued except in conformity
with all the provisions of this chapter. The Code Enforcement Officer
is expected to enforce this chapter and is authorized to cause any
building, structure, place, premises or use to be inspected or examined
and to order, in writing, the remedying of any condition found to
exist therein and thereon in violation of any provision of this chapter.
A.
No building, structure or sign in any district, including special
use districts, shall be erected, added to or moved or structurally
altered until the Code Enforcement Officer has issued a zoning permit.
No zoning permit shall be issued unless and until the proposed construction,
addition, alteration or use thereof is in full conformity with all
the provisions of this chapter or any applicable law. Any zoning permit
issued in violation of the provisions of this chapter shall be null
and void and of no effect, and any work undertaken or use established
pursuant to any such permit shall be unlawful.
B.
In any case where a required zoning permit is not obtained before
construction has begun, a mandatory surcharge shall be assessed, equal
to the regular fee required to be paid. Said surcharge must be paid
in addition to the regular permit fee before a zoning permit may be
issued. In any case where a required zoning permit is not obtained
within three business days after due notice from the Building Inspector/Code
Enforcement Officer of the need therefor, a mandatory surcharge shall
be assessed amounting to double the regular fee required to be paid.
Such surcharge must be paid in addition to the regular fee before
a zoning permit may be issued.
C.
Mandatory surcharges shall be in addition to the penalties or other
remedies for violation of this chapter.
A.
Applications for zoning permits shall be made at the Village office
upon official forms furnished for such purpose, which shall be signed
by the applicant. Applications for permits may be made by the owner
or his/her authorized agent.
B.
There shall be submitted with all applications for zoning permits
three copies of a layout or plot plan signed by a licensed engineer
or surveyor drawn to scale showing the actual dimensions of the lot
to be built upon and the exact size and location of the building and
accessory buildings to be created. The Code Enforcement Officer shall
have the authority to waive the requirements of this subsection if
such conditions warrant it.
C.
All applications for zoning permits shall be accompanied by a description
of the intended use or uses of the land and buildings and such further
details as the Code Enforcement Officer may require to determine conformance
with this chapter.
D.
There shall be endorsed upon each application the written approval
and consent of the Cortland County Health Department when such approval
is required. Such endorsement shall not be required in the case of
zoning permit applications for accessory buildings the use and occupancy
of which do not or will not involve any health hazard.
E.
Every application for a zoning permit shall be accompanied by a nonrefundable
fee, according to the fee schedule adopted by the Village Board and
available from the Village Clerk.
A.
All work associated with a zoning permit shall be completed within
the twelve-month period immediately following the date of issuance
of such permit, upon which date the permit shall expire. Any further
work performed beyond the expiration date shall constitute a violation
of this chapter.
B.
Any zoning permit issued hereunder may be extended by the Zoning
Board of Appeals for a period of up to six months, provided that the
applicant submits the proper application form 45 days prior to the
expiration date of such permit. In the event that any permit issued
hereunder shall expire, the applicant shall submit a new application
form, including documents and fees, as required.
The Code Enforcement Officer may revoke a zoning permit which
he or she has issued in the following instances:
A.
There has been any false statement or misrepresentation as to a material
fact in the application, plans or specifications on which the zoning
permit was based.
B.
The zoning permit was issued in error and should not have been issued
in accordance with applicable laws.
C.
The work performed under the permit is not being prosecuted in accordance
with the provisions of the application, plans or specifications.
The Code Enforcement Officer, after determining that such application
for the proposed work, use and/or occupancy is not in compliance with
all provisions of this chapter or any other applicable laws, shall
disapprove such application and shall return to the applicant plans
endorsed as “disapproved” with the reasons stated in writing
thereon.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing and shall be filed with the Code Enforcement Officer, who
shall properly record such complaint and immediately investigate any
report thereon. The Code Enforcement Officer, upon completion of his
investigation, shall file a report with the Village Board of Trustees
within 30 days of receipt of the complaint.
A.
No land shall be used or occupied and no building or structure shall
be erected, added to, structurally altered, extended or changed in
use until a certificate of compliance has been issued by the Code
Enforcement Officer. All applications for such certificates shall
be in conformance with the provisions of this chapter and shall be
in compliance with any additional conditions set by the Zoning Board
of Appeals or Planning Board.
B.
The Code Enforcement Officer shall issue a certificate of compliance
after determining by inspection that such erection, extension, alteration,
use or occupancy complies with the provisions of this chapter and
other applicable laws. A certificate of compliance shall be issued
within 10 days after the erection, extension, alteration, use or occupancy
shall have been approved as complying with the provisions of this
chapter. A record of all certificates of compliance shall be maintained
by the Code Enforcement Officer.
Any person, firm or corporation who shall violate, neglect or
fail to comply with any of the provisions of this chapter or who shall
violate or fail to comply with any order made in regard thereto shall
be guilty of an offense and, upon conviction, shall be subject to
a fine of not more than $350 or imprisonment for not more than six
months, or both such fine and imprisonment. In addition, such person,
firm or corporation shall pay all expenses involved in the case. The
provisions of this section shall be in addition to and shall not preclude
enforcement by injunction or other lawful means. Each week such violation
continues shall be considered a separate offense.
The reasonable and necessary costs, fees or disbursements incurred
by the Village of McGraw or its officials for consultation or review
by professionals shall be reimbursed.
