The following local officials and agencies shall
be responsible for the daily administration and enforcement of this
chapter and the Zoning Map(s).
A.
The Building Official shall serve as the Zoning Enforcement
Officer. The appointing authority may assign other professional Town
staff to serve in this capacity as well.
B.
The Director of Planning, or his/her designee, shall
work in conjunction with the Zoning Enforcement Officer, assisting
in the interpretation of the chapter. The Director of Planning, at
the direction of the Town Manager, shall be responsible for the maintenance
and update of the text of this chapter and shall review the text and
map at reasonable intervals and identify any changes necessary to
the chapter following changes to the Comprehensive Community Plan.
The Director of Planning shall perform such other duties and take
such actions as may be assigned in the chapter.
C.
The Town Clerk shall serve as the custodian of this
chapter and the Zoning Map(s) created hereunder and as the official
keeper of Zoning Board of Review decisions.
D.
The Director of Public Works, at the direction of
the Town Manager, shall be responsible for the maintenance of the
Zoning Map and to depict any changes on the Map.
A.
Maintenance and update of the text.
(1)
The Director of Planning shall inspect this chapter
on file with the Town Clerk on an annual basis to ensure that all
amendments approved within the past year are reflected therein.
(2)
On a biannual basis, the Director of Planning shall review this chapter to ensure it is in compliance with the most recent Comprehensive Community Plan, as may be amended. The Director of Planning shall forward findings and proposed amendments, if any, to the Planning Board and the Town Council for review and adoption, as provided in Article XIV, Procedures for Adoption and Amendment.
B.
Maintenance and update of the Zoning Map(s). The Director
of Public Works, at the direction of the Town Manager, shall ensure
that the official Zoning Map(s) on file in the Town Clerk's office
are accurate and that zoning amendments which impact the Zoning Map(s)
are depicted on the Map(s) within 90 days of such authorized change.
A.
General enforcement duties. It shall be the duty of
the Zoning Enforcement Officer (ZEO) to enforce this chapter. The
ZEO shall issue any required permits or certificates, collect required
fees relating to the issuance of the permits or certificates, keep
records showing the compliance of uses of land, authorize the commencement
of uses or development under the provisions of the chapter, inspect
suspected violations, issue violation notices with required corrective
action, collect fines for violations, and perform such other duties
and take such other actions as may be assigned in the chapter. The
ZEO shall be responsible to the Town Manager.
B.
Zoning certificates. In order to provide guidance
or clarification, the ZEO shall, within 15 days of receipt of a completed
zoning certificate application, issue a zoning certificate or provide
information to the requesting party as to his determination regarding
the legality of a use or structure. In the event that no written response
is provided within said time, the requesting party shall have the
right to appeal to the Zoning Board of Review for determination.
A.
Interpretation. Where questions regarding the language
in the chapter arise, the ZEO shall consult the Director of Planning,
or his/her designee, for assistance in interpretation of the language.
The final decision as to interpretation shall rest with the ZEO. All
decisions (interpretations) may be appealed to the Zoning Board of
Review.
B.
Clarification and ordinance revision. Upon resolution by the ZEO (or the Zoning Board of Review, in the case of an appeal), the Director of Planning shall prepare an amendment to the chapter clarifying the unclear language of this chapter so that the intent is clearly understood by all users of the chapter. This proposed amendment shall then be submitted to the Planning Board and Town Council for review and approval, per Article XIV of this chapter.
A.
Classification of penalty.
(1)
Any person, firm, corporation, partnership or association
who or which violates or refuses to comply with any of the provisions
of this chapter or any requirement imposed by the Zoning Board of
Review shall be subject to a monetary fine as provided herein.
(2)
Notwithstanding Subsection A(1) of this section, the Town may cause suit to be brought in any court having jurisdiction over the Town of East Greenwich to restrain the violation of or to compel compliance with the provisions of the chapter. The Town may consolidate an action for injunctive relief with an action for the imposition of monetary fines under this chapter in any court of competent jurisdiction.
B.
Penalties.
(1)
Where the ZEO determines a violation to have occurred,
the ZEO shall have the authority to issue an injunction and an order
to restore the property to its previolation state.
(2)
The ZEO shall also require the payment of a penalty
fee for such violation. Each day any violation of any provision of
this chapter (including the failure to perform any act or duty required
by this chapter) shall constitute a separate offense. Penalties shall
be as follows:
(a)
installation of a sign not in conformance with
the chapter: $50 per day.
(b)
installation of an accessory structure not in
conformance with the chapter: $100 per day.
(c)
Use of property not in conformance with this
chapter: $250 per day.
(d)
Noncompliance with a decision of the Zoning
Board of Review: $250 per day.
(e)
Construction, alteration, enlargement, removal
or demolition of a structure prior to issuance of a building permit
where one is required: $100 per day.
(f)
Construction of parking lot/parking structure
prior to approval of parking plan: $100 per day.
(3)
Where the violation is advanced for judicial action, as noted in § 260-79A(2), the court may assess a penalty of up to $500 for each violation, where each day of the existence of any such violation shall be deemed to be a separate offense. The court may also require restoration of the property to previolation conditions.
C.
Violations not exclusive. Violations of this chapter
are in addition to any other violation enumerated within the Town
of East Greenwich ordinances and Code and in no way limits the penalties,
actions or abatement procedures which may be taken by the Town of
East Greenwich for any violation of this chapter which is also a violation
of any other ordinance or Code provision of the Town of East Greenwich
or statutes of the State of Rhode Island.
D.
Reporting of violations. Enforcement actions shall
be reported by the ZEO to the property owner, together with a compliance
order. The order shall describe the measures required to correct the
violation.
E.
Judicial aid in enforcement. Where compliance orders
are not followed within the period set in the order and where no appeal
has been filed with the Zoning Board of Review, the Town shall have
the authority to request assistance from the Kent County Superior
Court, East Greenwich Municipal Court, or any other court of competent
jurisdiction to enforce this chapter in accordance with Rhode Island
General Law § 45-24-62.
An appeal from any decision of an administrative officer or agency charged in this chapter with interpretation or enforcement of any of its provisions may be taken to the Zoning Board of Review by an aggrieved party in a manner described in Article XV, Administration and Procedures of Zoning Board of Review. An appeal from a decision of the Zoning Board of Review may be taken by an aggrieved party to the Superior Court for Kent County, notice of which shall be given in accordance with R.I.G.L. § 45-24-69.1.
