Appointment. The City of Cortland Zoning Enforcement Officer, appointed by the Common Council, shall be the primary administrator and enforcer of this chapter.

Duties and powers. It shall be the duty of the Zoning Enforcement Officer to secure the enforcement of this chapter, subject to the rules, laws, and regulations of the City Code and New York State General City Law. Such duties include, but are not limited to:

Official record. The City Clerk shall keep all records of applications, permits or certificates issued, inspections made, reports rendered, and notices or orders issued by the Zoning Enforcement Officer.

Issuance of building permit. No building permit shall be issued unless all provisions of this chapter have been compiled with. The specific responsibilities of the Zoning Enforcement Officer with regard to the enforcement and administration of this chapter are identified where applicable.

Establishment. In accordance with New York State General City Law, the City of Cortland hereby establishes a City Planning Commission for the purposes of administering and enforcing this chapter.

Membership.

Powers and duties. The City of Cortland Planning Commission shall have the authority to fulfill the following powers and duties:

Meetings and planning commission conduct.

Official record.

No change in use of a lot or building shall occur until after the Planning Commission's review and the Zoning Enforcement Officer has issued a certificate of zoning compliance. A certificate of zoning compliance shall also be required for every property change in ownership.

No single-family dwelling shall be occupied by four or more individuals unrelated by blood, marriage or adoption until a certificate of zoning compliance shall have been issued.

The Zoning Enforcement Officer is authorized to consult the following resources in assessing the use of a property for issuance of a certificate of zoning compliance.

Any person who shall violate or fail to comply with any of the provisions of this chapter, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall continue to work upon any building, structure or sign, or who shall continue to operate or conduct any use prohibited by this chapter shall be guilty of an offense and subject to a criminal penalty of a fine of $250 or imprisonment of 150 days, or both such fine and imprisonment, or a civil penalty of a fine of $1,000 for each offense.

Each day that such violation continues to exist shall constitute a separate offense. The application of the above penalty shall be effective as of the date of the service of the violation upon the property owner or their designated agent and not be held to prevent the enforced removal or correction of a prohibited condition as provided in § 300-184 of this chapter, nor appropriate civil action to restrain the violation of any provision of this chapter.

To the fullest extent authorized under the New York State General City Law and the New York State Real Property Tax Law, the Common Council shall have the authority to issue levies against the owner's real property for fines and/or fees due under this chapter.

In addition to the rights and penalties provided in this article, the City may restrain by injunction any violation of this chapter or any failure to comply with any of the provisions of this chapter.

Any building, structure or sign erected or any use conducted in violation of this chapter may be removed, closed or halted at once by the Zoning Enforcement Officer with the issuance of a stop order.

Any person ordered to comply with the provisions of this chapter or to cease and desist any use prohibited by this chapter, and who is in disagreement with the judgment of the Zoning Enforcement Officer, may appeal to the Zoning Board of Appeals, provided that a written statement is filed pursuant to § 300-143 setting forth the reasons for such appeal within 60 days from the service of the order upon such person. Said officer shall notify such person of this right to appeal and of the sixty-day time limitation.

In addition to any fees required by Chapter 100 of the Code of the City of Cortland, the following fee schedule shall apply as amended by the Common Council.

Certificate of zoning compliance.

Fence permit: $40.

Interpretation: $50.

Professional and publication fees. Each applicant shall pay all publication fees, recording fees and fees for all professionals engaged by the Historic Commission, the Planning Commission or the Zoning Board of Appeals to advise it regarding any such application. Only the fees of such professionals that are incurred for necessary time devoted to reviewing the application and all required submittals, other than time expended at regular meetings of the Historic Commission, the Planning Commission or the Zoning Board of Appeals, shall be paid by the applicant. The applicant shall also be required to reimburse any legal fees incurred by the Historic Commission, the Planning Commission or the Zoning Board of Appeals for the preparation of any legal documents required by the action of those various entities. The fee rate to be paid shall be the same rate such professionals charge the Historic Commission, the Planning Commission or the Zoning Board of Appeals for its routine services. The fees so incurred shall be paid in advance by the applicant by depositing with the City Clerk, within 10 days of notification, a sum to be estimated by the Historic Commission, the Planning Commission or the Zoning Board of Appeals at its first meeting where the application is to be considered. The actual professional fees to be charged to the applicant shall be charged against said sum and any unused portion thereof shall be returned to the applicant upon completion of action by the entities. In the event that said estimated fees are not paid when due, the application shall be denied at the next regularly scheduled meeting, unless another suitable arrangement is made with the applicant to insure payment of all fees that may be incurred. From time to time during review of the project, the professional fees may be revised and, if appropriate, an additional estimated payment may be required.

Sign permit.

Site plan review: $150.

Minor improvement plan review: $100

Special use permit: $150.

Temporary site plan review: $50.

Variance application.

Amendments to this chapter shall be in accordance with the provisions of the General City Law. Any proposed amendment shall be submitted to the Planning Commission and, if required by General Municipal Law § 239-m, to the Cortland County Planning Commission for report and recommendation prior to any action thereon by the Common Council.

Should any section of or provisions of this chapter be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.