Corinth Village City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 500-27 General information.
The Code Enforcement Officer, appointed by the Village Board of the Village of Corinth, shall administer and enforce all provisions of this chapter except where otherwise herein specifically required.
A.
Wherever any permit is required herein, the same shall be applied for and shall be issued from the Code Enforcement Officer in accordance with the requirements of this chapter and other applicable regulations governing building construction and the issuance of building permits in the Village of Corinth.
B.
The Code Enforcement Officer shall give reasonable written notice to the owner(s) of his/her intent to examine or inspect any building or property and shall enter only with the permission of the owner. At time of entry, the Code Enforcement Officer shall have the right to enter and inspect, or cause to be entered and inspected, any building or property for the purpose of carrying our his or her duties. The Code Enforcement Officer shall also determine the compliance with the provisions of this chapter.
§ 500-28 Powers and duties of Code Enforcement Officer.
A.
Issuance of building permits.
(1)
Until the Code Enforcement Officer has issued a building permit stating that the proposed structure and use comply with all applicable provisions of this chapter, no building or structure shall be erected, altered, reconstructed or enlarged and no excavation for any building shall be begun.
(2)
All building permit applications shall include a plot plan or an approved site plan drawn to scale and accurately dimensioned. The plan shall include the location of all existing and proposed structures on the lot and other information that may be required by the Code Enforcement Officer to determine compliance with this chapter and other applicable regulations. The required fee, which shall be determined by the Village Board and posted in the Village Hall, shall accompany the application.
(3)
The Code Enforcement Officer shall make a determination, based upon submitted material and any relevant facts that may come to his/her attention, whether such application complies with all relevant provisions of this chapter. Based upon the Code Enforcement Officer's determination, the building permit shall be issued or refused. He/she shall provide the applicant, for any permit that is refused, with a written notice thereof and reasons for such refusal and instructions on how his/her refusal may be appealed.
(4)
A building permit shall expire one year from the date of issue if the permitted action is not substantially started.
(5)
Temporary building permits may be issued upon the approval of the Code Enforcement Officer for a period not to exceed one year for temporary uses and structures incidental to a construction project. Such temporary building permit shall be conditioned upon agreement by the applicant to remove any nonconforming uses or structures upon expiration of the permit.
B.
Issuance of certificates of occupancy.
(1)
Except as otherwise specifically provided by this chapter, no use shall be established or land or structure occupied or otherwise used until the Code Enforcement Officer has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter.
(2)
More particularly, no certificate of occupancy shall be issued for any use of a building or of land requiring site plan approval by the Planning Board unless and until such site plan approval has been granted by the Planning Board. Every certificate of occupancy for which a site plan approval has been granted, or in connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any conditions to which the same is subject and include, by attachment, a copy of such Planning Board or Board of Appeals decision.
(3)
In the case the Code Enforcement Officer refuses to issue a certificate of occupancy, his/her reasons shall be stated in writing on the application and a copy shall be returned to the applicant.
C.
Issuance of notices of violation. When a violation appears to exist of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, the Code Enforcement Officer shall serve a written notice upon the appropriate person responsible for such alleged violation. Such notice shall inform the recipient of the following:
(1)
The nature and specific details of such violation.
(2)
The date of compliance by which the violation must be remedied or removed, which period shall not exceed 20 days from the date of notice.
(3)
If the person served fails to comply within the prescribed period of time, the Code Enforcement Officer shall issue an appearance ticket stating the date and time to appear before the Village Justice, notify the person and bring the matter to the attention of the Village Justice. The Village Justice shall take the action deemed appropriate.
D.
Issuance of stop-work orders. Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure or any use of land is occurring either in violation of the provisions of this chapter, not in conformity with any application made, permit granted or other approval issued hereunder or in an unsafe or dangerous manner, the Code Enforcement Officer shall promptly notify the appropriate person responsible to suspend work on any such building or structure or the use of any such land. Such persons shall forthwith suspend such activity until such time that the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work or use may be resumed and may be served upon the person to whom it is directed. The order or notice shall either be delivered personally or posted upon a conspicuous portion of the building under construction or premises in use and an additional copy of the same shall be sent by certified mail.
E.
Taking of emergency action. 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 other persons, the Code Enforcement Officer shall direct that such violation be immediately remedied or shall take direct action on his 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. The Code Enforcement Officer shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken. The Code Enforcement Officer is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses or place a lien against property, in order to recover said costs.
§ 500-29 Penalties for offenses.
A.
Penalties.
(1)
Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense.
(a)
Conviction of a first offense is punishable by a fine of not more than $350 and/or imprisonment for not more than six months.
(b)
Conviction of a second offense, committed within a five-year period of the first, is punishable by a fine of not less than $350 nor more than $700 and/or imprisonment for not more than six months.
(c)
Conviction of a third or subsequent offense, committed within a five-year period of the first, is punishable by a fine of not less than $700 nor more than $1,000 and/or imprisonment for not more than six months.
(2)
The owner, general agent or contractor of a building, premises, or part thereof where such a violation has been committed or does exist and any agent, contractor, architect, builder, corporation or other person who or which commits, takes part in or assists in such violation shall be liable for such an offense. All such penalties shall be collectible by and in the name of the Village. Each week that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be given in writing by the Code Enforcement Officer and shall be served by certified mail or personal service.
B.
Court action. The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceedings in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use or to restrain by injunction, correct or abate a violation or to furthermore prevent the illegal occupancy of any building, land or premises.
C.
Enforcement costs. All costs associated with the enforcement of specific violation(s) shall be borne by the violator. If said costs cannot be paid, a lien may be placed on the violator's property.