Batavia City Zoning Code
ARTICLE XI
Amendments and Penalties
§ 190-50 Penalties for offenses.
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with or who unlawfully interferes with the enforcement of any of the provisions of this chapter shall be guilty of a violation and upon conviction thereof, shall be subject to a fine of not more than $250, or imprisonment for a period of not more than 15 days, or both such fine and imprisonment for each offense. Each day a violation is continued shall be deemed a separate offense. Proof of ownership of premises, during the period of time in which a violation took place, is prima facie evidence of knowledge and consent to the violation taking place.
In addition to other remedies, the City of Batavia may institute and prosecute any appropriate action or proceeding to prevent any unlawful erection, alteration, conversion, maintenance or use to correct or abate such violation, to prevent the occupancy of a building, structure or land, or to prevent an illegal act, conduct, business or use.
§ 190-51 Amendments.
[Amended 3-13-1995[1]]
This chapter may be amended by the City Council from time to time as provided by § 83 of the General City Law and after a report concerning such proposed amendment by the Planning Board. In case the City Planning Board shall fail to file a report within 30 days after referral, the proposed amendment shall be deemed approved, and the City Council may proceed thereon. A petition requesting a change in regulations, provisions or district boundaries, as set forth in this chapter, shall be typewritten and signed and acknowledged by the person presenting it, in the same manner as required for the recording of a deed to real property, and shall be filed with the Clerk-Treasurer in triplicate. Each petition for a change of zoning district classification shall be accompanied by a fee of as set by resolution of the City Council payable to the general fund of the City and presented to the Clerk-Treasurer. The City Planning Board or the City Council may require a plan of the proposed development and use of any area for which a change of zoning district classification is sought in order to assist them in their understanding of any proposed change.
§ 190-52 Performance bond.
In the case of a petition for a change in zoning district classification filed in accordance with the provisions of § 190-23 with respect to a Planned Development District, or an application for a special use permit pursuant to § 190-47B, where a plan of the proposed development or use may be required, and where the Council approves such a change, the Council may provide that such change or permit shall not become effective until the applicant has filed a performance bond in such amount and under such conditions as the Council may deem to be in the best interest of the public, and so as to insure the City that the proposed development of the area will be in compliance with the provisions of the accepted development or use plan.
§ 190-53 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, morals, or general welfare.