Brutus Town City Zoning Code
ARTICLE XII
Amendments; Enforcement; Penalties for Offenses
§ 125-95 Amendments.
The Town Board may from time to time on its own motion or on petition or on recommendation of the Planning Board amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for a report thereon before the public hearing hereinafter provided for. The Town Board by resolution adopted at a stated meeting shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
By publishing a notice of the time and place of the hearing at least 10 days prior to the date of such hearing in a newspaper of general circulation in the town.
A written notice of any proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law, as such area is shown on an approved Zoning Map filed with the Zoning Officer, shall be given to the housing authority erecting or owning the project and to the government providing financial aid for such assistance thereto at least 10 days prior to the date of such hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park, parkway or thruway shall be given in the regional New York State Park Commission having jurisdiction over such state park or parkway at least 10 days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, village, Town or county shall be given to the clerk of such municipality and to the clerk of the Legislature at least 10 days prior to the date of hearing.
In case, however, of a protest against such change signed by the owners of 20% or more of the area of land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members of the Town Board.
§ 125-96 Enforcement; remedies.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this chapter or of any other local law, ordinance or other regulation made under authority conferred thereby, the proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises; and upon failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.
§ 125-97 Penalties for offenses.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist; the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violations have been committed or shall exist; and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be liable, on conviction thereof, to a fine or penalty not exceeding $100 or to imprisonment for a period not exceeding 15 days, or to both such fine and imprisonment. Each one week's continued violation shall constitute a separate additional violation.
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 Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon to the Town Board.