Caroga Town City Zoning Code

CODE ENFORCEMENT OFFICER:

This Article shall be administered and enforced by the Code Enforcement Officer, his/her assistants or deputies as authorized and directed by the Code Enforcement Officer as well as the Planning Board and Zoning Board of Appeals as specified herein.

1. The Code Enforcement Officer shall have the following powers, duties and responsibilities:

   1. Applications:

      1. Receive and process all applications for permits listed in Subsection 2 below.

   2. Permits:

      1. Issue, revoke and renew all permits, including but not limited to:

         1. Zoning/Building Permits

         2. Dock Permits

         3. Fence Permits

         4. Manufactured Home Permits

         5. Manufactured Home Park Permit

         6. Recreational Vehicle Park Permit

         7. Sign Permits

         8. Supplemental Permits

         9. Certificate of Occupancy and Certificate of Compliance Permits

   3. Inspections:

      1. The Code Enforcement Officer shall have the right to enter and inspect any building or land at any reasonable hour as necessary in the execution of these duties, subject to the following conditions:

         1. The Code Enforcement Officer should make efforts in good faith to notify the Applicant, owner, owner representative or tenant before coordinating and conducting any inspection.

         2. The Code Enforcement Officer should display proper identification upon commencing an inspection.

         3. Inspections should be conducted in the presence of the Applicant, owner, owner’s representative or tenant if he/she checks the contact person(s) for the inspection on the Application.

         4. Details of each inspection and its findings shall be prepared and kept in the Owner’s file in the office of the Code Enforcement Officer. The Code Enforcement Officer (or representative) will advise the Applicant, owner, owner’s representative or tenant of the outcome of the inspection.

         5. The Applicant, property owner, owner’s representative or tenant, shall make good faith effort to timely schedule with the Code Enforcement Officer all required inspections for duration of Zoning/Building Permit.

   4. Violations:

      1. Issue Notices of Violation.

   5. Stop Work Orders:

      1. Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building, structure or sign or any use of land is occurring either in violation of the provisions of this Ordinance, not in conformity with any application made, Zoning/Building or Sign Permit granted or other approval issued hereunder, or in an unsafe or dangerous manner, the Code Enforcement Officer shall issue a Stop Work Order to the appropriate person responsible to stop work on any such building, structure, sign or land.

      2. All Stop Work Orders shall be in writing, shall state the reasons why the work shall be stopped and shall state the conditions under which the work or use may be resumed.

      3. All Stop Work Orders shall be served upon the person to whom it is directed either by delivering it personally to that person or by posting the Stop Work Order upon a conspicuous portion of the building or structure under construction or on the land in use and additionally sending a copy of the same by certified mail to the appropriate, responsible person.

   6. Emergency Actions:

      1. If in the opinion of the Code Enforcement Officer, a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety or welfare of occupants of a building or to the public or the environment, the Code Enforcement Officer may direct that such violation be immediately remedied or may take direct action on his/her own initiative to abate the hazard or danger. Any costs incurred by such action shall be paid for by the owner, occupant or person responsible for the violation.

      2. The Code Enforcement Officer shall keep on file an affidavit stating the items of expense and date of execution of action taken and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses, or place a lien against the property, in order to recover the said costs.

   7. Consultants:

      1. Retain the services of a professional consultant to assist in the review of an application for any permits identified in Subsection 2 above.

   8. Records:

      1. The Code Enforcement Officer shall maintain files of all Applications for Zoning/Building and SignPermits, Special Use Permits, Site Plan Review approvals, Zoning Board of Appeals decisions, Certificate of Compliance Permits, Certificate of Occupancy Permits, Inspection Reports, complaints and violations.

   9. Complaints:

      1. The Code Enforcement Officer shall investigate all written complaints received.

APPLICATION FOR ZONING/BUILDING PERMIT:

1. Any person, firm or corporation owning property seeking a Zoning/Building Permit under this Ordinance shall file an application with the Code Enforcement Officer. The Application shall be on a form provided by the Code Enforcement Officer.

2. Each Application shall, at a minimum, contain the following information:

   1. A surveyed plot plan prepared by a New York State licensed land surveyor, showing the actual shape, dimensions, radii, angles and area of the lot which a use is proposed, on which a building is proposed to be constructed, or if an existing building, of the lot on which it is situated as well as the size and location of all proposed new and existing buildings and accessory structures on the lot. The dimensions, in feet, of all sides of the lot shall be provided.

   2. The section, block, lot number (SBL) and acreage of the lot.

   3. The exact dimensions, height and location on the lot, in feet, of the proposed building or buildings or alternation of an existing building, and the location and dimensions on the lot, in feet, of other existing buildings and accessory structures, if any on the same lot.

   4. The location, nature and dimensions, in feet, of all yards, access driveways, off-street parking, planting and screening.

   5. The exact dimension, in feet, of the minimum distance between all sides of the subject building and all property lines and other existing buildings on the same lot.

   6. The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.

   7. Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this Ordinance.

   8. For projects involving an onsite water source and/or onsite wastewater disposal systems, a plan, prepared by a NYS licensed professional engineer demonstrating that all NYS Department of Health (DOH) required setbacks from all existing water sources and onsite wastewater disposal systems shall be met.

   9. For projects involving the conversion of an existing seasonal structure to a year round use, a Plan, prepared by a licensed professional engineer, for an onsite wastewater disposal or other system to properly handle all wastewater to be generated by the year round use.

   10. If the proposed project shall involve the physical alteration of land:

       1. Submit a grading plan showing existing and proposed grades.

       2. Submit a Stormwater Pollution Prevention Plan to the Code Enforcement Officer if the physical alteration of land shall be less than one (1) acre as determined by the Code Enforcement Officer.

       3. Obtain a Stormwater Permit from NYSDEC if the proposed project shall involve the physical alteration of more than one (1) acre of land as determined by the Code Enforcement Officer.

   11. The Application Fee.

   12. Such other information as requested by the Code Enforcement Officer.

3. Upon receipt of an Application for a Zoning/Building Permit, the Code Enforcement Officer shall sign and date the application to signify its receipt. The Code Enforcement Officer shall review the Application to determine if it is complete or if additional information may be required from the applicant. If additional information is required, the Code Enforcement Officer shall notify the applicant, within seven (7) working days, of what additional information will be required to complete the Application.

4. Once an Application is determined to be complete, the Code Enforcement Officer shall, within fourteen (14) calendar days, notify the applicant that either:

   1. The proposed building or use complies with all requirements of this Ordinance and all other applicable State and local laws, codes, rules and regulations, no other approvals are required and that a Zoning/Building Permit is issued.

   2. The proposed building or use does not comply with one or more of the requirements of this Ordinance and a Zoning/Building Permit is denied. The Code Enforcement Officer shall advise the applicant of the specific requirements of this Ordinance with which the application did not comply with.

   3. The proposed building or use requires one or more reviews or approvals before a final decision can be made. In this case, the Code Enforcement Officer shall notify the applicant of:

      1. The reviews and approvals that the Application must receive.

      2. The information and/or additional fees that will be required for the conduct of these reviews.

5. If and when the required reviews and approvals have been completed and obtained, the Code Enforcement Officer shall, within seven (7) calendar days of receiving notice of these approvals, issue a final decision on said Application.

INSPECTIONS:

1. All approved Zoning/Building and SignPermits shall specify the types of inspections that applicants must request from the Code Enforcement Officer prior to the commencement or continuation of work.

2. Applicants must contact the Code Enforcement Officer at least 48 hours in advance to request any inspection by the Code Enforcement Officer required by a Zoning/Building or Sign Permit to complete a project.

CERTIFICATE OF OCCUPANCY AND CERTIFICATE OF COMPLIANCE PERMITS:

1. Zoning/Building Permit:

   1. No building or use for which a Zoning/Building Permit is issued by the Code Enforcement Officer shall be occupied, utilized or maintained until a Certificate of Occupancy Permit or Certificate of Compliance is issued by the Code Enforcement Officer.

   2. Once a building or use is ready to be occupied, utilized or maintained, the applicant who applied for the Zoning/Building Permit shall notify the Code Enforcement Officer, in writing, and request, per Section IV of this Article, that a final inspection be conducted to verify compliance with the Zoning/Building Permit.

   3. The Code Enforcement Officer shall inspect the building or use to verify that all conditions and stipulations in all approvals and permits have been complied with and satisfied.

   4. Based upon the inspection, the Code Enforcement Officer shall notify the Applicant, within ten (10) calendar days of conducting the inspection that:

      1. All work was completed in complete compliance with all requirements of the Zoning/Building Permit and that a Certificate of Occupancy or Certificate of Compliance Permit has been issued. A copy of the Certificate of Occupancy or Certificate of Compliance Permit shall be transmitted to the Owner with a copy to the Owner’s file in the Code Enforcement Officer’s Office.

      2. All work required by the Zoning/Building Permit has not been completed. The Code Enforcement Officer shall advise the applicant of the specific requirements of the Zoning/Building Permit that are noncompliant.

2. Sign Permit:

   1. Once a sign has been erected, placed, installed, attached, hung, altered, enlarged or relocated, the applicant who applied for the Sign Permit shall notify the Code Enforcement Officer, in writing, and request that a final inspection be conducted to verify compliance with the Sign Permit.

   2. The Code Enforcement Officer shall inspect the sign to verify that all conditions and stipulations attached to the Sign Permit have been satisfied and complied with.

   3. Based upon the inspection, the Code Enforcement Officer shall notify the applicant, within seven (7) calendar days of conducting the inspection that:

      1. The sign is in complete compliance with all requirements of the Sign Permit and that a Certificate of Occupancy Permit has been issued. A copy of the Certificate of Occupancy Permit shall be transmitted to the Applicant.

      2. The sign is not in compliance with the Sign Permit. The Code Enforcement Officer shall advise the applicant of the specific requirements of the Sign Permit that have not been complied with.

COMPLAINTS:

1. Any person, firm or corporation may file a written complaint with the Code Enforcement Officer alleging a violation of this Ordinance and request an enforcement action by the Code Enforcement Officer.

2. The Code Enforcement Officer shall record the receipt of all complaints and conduct the necessary investigations regarding the complaint to verify whether a Violation of this Ordinance exists and should be processed in accordance with Section VIII of this Article.

VIOLATIONS:

1. It shall be a Violation of this Ordinance if any building, structure, development sign or land use is:

   1. Erected, occupied, utilized or maintained prior to the issuance of a Certificate of Occupancy Permit.

   2. Not erected, occupied, utilized or maintained in strict accordance with any provision of this Ordinance and any condition or stipulation in an approved Zoning/Building Permit, Sign Permit, Certificate of Occupancy Permit, Special Use Permit, Site Plan approval, Subdivision approval, Zoning Board of Appeals variance or SEQR approval.

2. Upon determining a Violation exists, the Code Enforcement Officer shall:

   1. Issue a Notice of Violation to the property owner/applicant that a violation exists. The Notice of Violation shall identify the specific reason(s) for the violation and order the property owner/applicant to correct the Violation.

   2. Afford the property owner/applicant up to thirty (30) calendar days to correct the violation unless there is imminent danger of public health and safety.

3. At the end of the time period designated, the Code Enforcement Officer shall inspect the Violation to verify if it has been corrected:

   1. If the Code Enforcement Officer verifies the Violation has been satisfactorily corrected, the property owner/applicant shall be notified in writing.

   2. If the Code Enforcement Officer verifies the Violation was not corrected, the Code Enforcement Officer may:

      1. Issue a Stop Work Order.

      2. Issue an appearance ticket directing the property owner/applicant to appear in the designated local criminal court.

PENALTIES FOR OFFENSES:

1. Penalty:

   1. A Violation of any provision or requirement of this Ordinance or Violation of any statement, plan, application, permit or certificate approved under this Ordinance shall be considered an Offense punishable as follows:

      Offense	Fine	Imprisonment
      1st	Up to $350	Up to 6 months
      2nd within 5 years	$350-$700	Up to 6 months
      3rd within 5 years	$700-$1,000	Up to 6 months

   2. The owner, general agent or contractor of a use, building, sign, or part thereof, where such Violation has been committed or does exist, and any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation, shall be liable for such an offense.

   3. Each and every week that any such Violation continues after notifications that such Violation exists shall constitute a separate offense.

2. Court Action:

   1. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.

EXPIRATION OF ZONING/BUILDING AND SIGN PERMITS:

1. Use, structure or sign for which a Zoning/Building or Sign Permit has been issued, shall be erected or used within one (1) year of the date said permit was approved by the Code Enforcement Officer.

2. The Code Enforcement Officer may renew a Zoning/Building or Sign Permit for a period to not exceed one (1) additional year from the date said Permit would have expired as long as said renewal includes all of the conditions and stipulations contained in the original Zoning/Building or Sign Permit along with all appropriate fees.

REVOCATION OF PERMITS:

1. If the Code Enforcement Officer determines that an application for a permit identified in Section I, Subsection 2. of this Article contained false or misleading information, or that work being done on a building, use, sign, dock or park differs materially from what is allowed by the approved permit, the Code Enforcement Officer shall revoke the Permit.

2. The Code Enforcement Officer shall, within three (3) calendar days, notify the property owner/owner’s representative, in writing, that:

   1. Their Permit has been revoked and the reason(s) why.

   2. All work activity in use on the property shall cease immediately.

   3. Failure to comply shall constitute a Violation and be subject to a fine under Section VII and VIII of this Article.

FEES:

1. The Town Board, by resolution, shall establish and may, from time to time, amend a fee schedule for all applications, permits, inspections, consultants or other Town actions stipulated in this Article.

2. All fees shall be paid with the filing of applications and prior to the issuance of permits.

3. All fees shall be paid to the Code Enforcement Officer, who shall transmit said fees to the Town Budget Officer/Bookkeeper.