Zoneomics Logo
search icon

Briarcliffe Acres City Zoning Code

ARTICLE IV

- ENFORCEMENT

Sec. 32-135. - Enforcement officer.

The provisions of this chapter shall be administered and enforced by the zoning administrator. This official shall have the right to enter upon any premises necessary to carry out his/her duties in the enforcement of this chapter. Any infractions related to business or professional activities in the residential zone or recreational vehicles, boats, campers, trailers, or vehicles may be enforced by the Town of Briarcliffe Acres Police Department.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014; Ord. No. 2018-01, 3-19-2018)

Sec. 32-136. - Building permit required.

It shall be unlawful to commence the excavation for or the construction of any building including accessory buildings, or to commence the moving or alteration of any building, including accessory buildings, until a building permit has been issued for such work including a statement that the plans, specifications, and the intended use of such building in all respects conform to the provisions of this chapter. For detailed procedures to obtain a building permit and clear building site, see Town Code, section 6-46.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Sec. 32-137. - Certificate of zoning compliance for new, altered or nonconforming uses.

(A)

It shall be unlawful to use, occupy or permit the use or occupancy of any building, or dwelling, or any parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating that the proposed use of the building or land conforms to the requirements of this ordinance.

(B)

Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance punishable under section 32-138 of this ordinance.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Sec. 32-138. - Penalties.

Any person, firm, corporation or agent who shall violate any of the provisions of this chapter, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $100.00 nor more than $500.00 for each offense. Each such person, firm, corporation or agent shall be deemed guilty of a separate offense for each and every day or a portion thereof during which any violation or any provision of this chapter is committed or continued.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Sec. 32-139. - Remedies.

If any building or structure is erected, constructed, reconstructed, altered, converted or maintained, and/or if any building, structure or land is used in violation of this chapter, then the Town of Briarcliffe Acres, in addition to the other remedies may institute injunction, mandamus or other appropriate action in proceeding to prevent the occupancy or use of such building.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Sec. 32-140. - Appeal from decision of the zoning administrator.

It is the intention of this ordinance that all questions arising in connection with the enforcement of the ordinance shall be presented first to the zoning administrator and that such questions shall be presented to the board of zoning appeals only on appeal from the decision of the zoning administrator as provided for in article V.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Sec. 32-141. - Fee schedule.

The enforcement of this ordinance will require substantial expense on the part of the Town of Briarcliffe Acres. In addition to development and rezoning review fees listed specifically in the fiscal year budget ordinance, the following fee schedule is hereby adopted to offset these costs:

(a)

Variance and appeals .....$200.00

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)