No building shall hereafter be erected, relocated or altered as to outside dimensions or to permit a change in its use and no excavation for any building shall begin unless and until a permit therefor has been issued by the Code Enforcement Officer, or by the ZBA wherever it is provided in this chapter that the approval of the ZBA is required. The fee for any such permit shall be as determined by the Village Board.

No such permit shall be issued until there has been filed with the Code Enforcement Officer a sketch or plot plan showing the actual dimensions and angles of the lot to be built upon, the exact size and location on the lot of the building or accessory buildings to be erected, relocated or altered, and such other information as may be necessary to determine and provide for the enforcement of this chapter. Each application shall state the purpose for which the structure or land is to be used and a general description of the type of construction.

The Code Enforcement Officer shall issue or refuse to issue such permits all within a reasonable time. Notice of refusal to issue any permit shall be given to the owner or to the owner's authorized representative in writing and shall state the reasons for said refusal.

No land shall be used, occupied or changed in use and no building hereafter erected, altered or extended until a certificate of occupancy shall have been issued by the Code Enforcement Officer. Under such rules as may be established by the ZBA, a temporary certificate of occupancy for not more than 30 days for a part of a building may be issued by the Code Enforcement Officer. For previously existing construction, the Code Enforcement Officer may, on request, issue such a certificate if they determine that the use of the building in question meets the requirements of this chapter.

A certificate of occupancy shall be issued only if the proposed use of the building or land conforms to the provisions of this chapter and to the plot plan, purpose and description for which the permit was issued. The Code Enforcement Officer shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy has been applied before issuing such certificate.

The Planning Board shall consist of five members, each of whom shall reside in the Village of Canton.

Members of the Planning Board shall be appointed by the Mayor, subject to the approval of the Village Board.

The Mayor shall annually appoint one of the members of the Planning Board to serve as Chairperson, and such appointment shall be subject to the approval of the Village Board.

No person who is a member of the Village Board shall be eligible for membership on the Planning Board.

No person shall be disqualified from serving as a member of the Planning Board by reason that said person serves as a member of the Town Planning Board or as a member of the County Planning Board.

Membership term.

Alternates.

Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years to meet this requirement. Such training shall be approved by the Village Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity.

To be eligible for reappointment to such board, such member shall have completed the training promoted by the Village Board described in Subsection C(1) above.

No decision of a Planning Board shall be voided or declared invalid because of a failure to comply with this Subsection C.

Review and approval of special use permits pursuant to Article XIII.

Review and approval of site plans pursuant to Article XII.

Review and approval of land subdivisions pursuant to Chapter 280 of the Village Code.

Perform such other, additional or different reviews, approvals, functions and duties as specifically provided to the Planning Board by provisions of this chapter and the Village Code.

Provide recommendations on referred matters from the Village Board, ZBA and Code Enforcement Officer as described below: The Village Board, ZBA or other boards and Village departments may seek input from the Planning Board where its input would help to make a more informed decision or where it is required pursuant to state law or the Village Code. The Village Board or ZBA may provide for the referral of any matter or class of matters to the Planning Board before final action is taken by the Village Board or other department, agency or officer of the Village having final authority. The Village Board may further stipulate that final action shall not be taken until the Planning Board has submitted its report.

Review, prepare and recommend any proposed Canton Comprehensive Plan, including amendments and revisions to any existing Comprehensive Plan.

The ZBA has been established in accordance with § 7-712 of the NYS Village Law.

The ZBA shall consist of five members, each of whom shall be appointed by the Mayor.

Members now holding office for terms that do not expire at the end of the official year shall, upon the expiration of their term, hold office until the end of the official year and their successors shall then be appointed for terms equal in years to the number of members of the Board.

The Mayor shall annually appoint one member of the ZBA to serve as Chairperson; such appointment shall be subject to the approval of the Village Board.

Alternates.

The ZBA shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and all its resolutions and orders shall be in accordance therewith.

Each member of the ZBA shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years to meet this requirement. Such training shall be approved by the legislative body and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity.

To be eligible for reappointment to the ZBA, such member shall have completed the training promoted by the Village Board described in Subsection B(1) above.

No decision of the ZBA shall be voided or declared invalid because of a failure to comply with the training requirement.

Interpretation of this chapter and the Zoning Map.

Upon appeal from a decision by the Code Enforcement Officer or on request by any aggrieved person, official, board or department of the Village, the ZBA shall decide any question involving the interpretation of any provision of this chapter.

Hear and determine appeals from any refusal of a work permit, building permit or certificate of occupancy by the Code Enforcement Officer or review any order or decision of said individuals where such order or decision is based upon the requirements of this chapter.

Grant variances on appeal from the decision or determination of the Code Enforcement Officer.

Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order.

The compliance order shall:

The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail.

The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any occupant of the affected property personally or by registered mail or certified mail; provided, however, that failure to serve any occupant shall not affect the efficacy of the compliance order.

Upon authorization by the Village Board, an action or proceeding may be instituted in the name of this Village in a court of competent jurisdiction to prevent, restrain, enjoin, correct or abate any violation of, or to enforce any provision of, this chapter or any other applicable local law, ordinance or regulation adopted by the Village Board for administration and enforcement of this chapter.

All costs and expenses incurred by the Village to prevent, restrain, enjoin, correct or abate any violation of, or to enforce any provision of, this chapter or any other applicable local law, ordinance or regulation adopted by the Village Board for administration and enforcement of this chapter, to include, without limitation, the costs and expenses of any court action or proceeding undertaken in connection therewith, plus accrued interest at the rate of 9% per annum, shall be charged to the owner(s) of said premises, who shall be jointly and severally personally responsible for the payment of said costs, expenses and accrued interest. The Code Enforcement Officer shall file a sworn statement with the Village Clerk identifying the location of the property upon which the violation occurred, and showing the costs and expenses incurred by the Village. The filing of said sworn statement shall constitute a lien on the property, which shall remain in full force for the amount due for collection until full payment or satisfaction has been made. Said costs and expenses and accrued interest shall be assessed against the property and levied as part of the next Village tax bill for the property and collected in the manner fixed by law for the collection of taxes.

In addition to any other penalties prescribed by law, any person who violates any provision of this chapter or any other applicable local law, ordinance or regulation adopted by the Village Board for administration and enforcement of this chapter shall be liable to a civil penalty of not less than $150 and not more than $500 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village.

In addition to the civil penalties described Subsection D(1), the following criminal penalties shall apply:

No remedy or penalty specified in this subsection shall be the exclusive remedy or penalty available to address any violation described in this subsection, and each remedy or penalty specified in this subsection shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this subsection or in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this subsection may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any other remedy or penalty.