Dryden Town City Zoning Code
ARTICLE XVIII
Enforcement and Remedies
§ 270-18.1 Violations.
A.
Any person, partnership, limited liability company, corporation or any other entity, whether as owner, lessee, agent or employee, who shall violate any of the provisions of this chapter, any permit or approval issued hereunder, or who fails to comply with any order or regulation made hereunder, or who erects, alters, moves, uses or offers for sale any structure or uses any land in violation of any detailed statement of plans submitted and approved under the provisions of this chapter shall be guilty of a violation.
B.
Any such person, partnership, limited liability company, corporation or any other entity, whether as owner, lessee, agent or employee who shall violate, disobey, omit, neglect, or refuse to act in compliance with any order or regulation shall be deemed guilty of a separate offense for each week of such violation.
C.
Where the person or entity committing such violation is a partnership, limited liability company, corporation or other entity the principal executive officer, partner, agent, or manager may be considered to be the "person" for the purpose of this subsection.
D.
The Code Enforcement Officers shall have the authority to issue accusatory instruments to those persons who are in violation of this chapter.
§ 270-18.2 Fines and imprisonment.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350, or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350, nor more than $700, or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700, not more than $1,000, or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
§ 270-18.3 Actions, proceedings, additional penalties.
A.
In the event any building or structure is erected, constructed, reconstructed, altered, dismantled, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks, or sites in violation of this chapter or conditions imposed by a building permit, special use permit or site plan review approval the Town Board, in addition to any other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, dismantling, conversion, maintenance, use or division of land, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, or land; or to prevent any illegal act, conduct, business or use in or about such premises.
B.
Additional penalties. In addition to any other remedies or penalties that may be imposed, a violation of this chapter shall entitle the Town Board to remedy or repair the conditions constituting the violation, at the premises owner's expense, in order to bring the premises into conformity and compliance with this chapter. The disbursements and expenses shall become a charge and a lien upon the premises and if not paid the same shall be added with interest, as may be provided by law, to the premises' next annual Town tax bill, to be collected in accordance with the provisions of law and the procedure for the payment of Town taxes.
§ 270-18.4 Stop-work order.
A.
The Town Board hereby grants the Code Enforcement Officer the administrative responsibility of immediately taking action necessary to correct violations of this chapter by posting a stop-work order on the premises wherein an alleged violation has occurred.
B.
The stop-work order shall serve notice to the owner, builder, developer, agent, and/or any other person, partnership, limited liability company, corporation or any other entity on the premises that all actions specified on the stop-work order must be terminated immediately.
C.
Relief from the stop-work order can be obtained:
(1)
If all provisions of this chapter, and applicable permits or approvals, together with any other conditions specified by the Code Enforcement Officer in the stop-work order, are met, the Town Board may authorize the rescission of the stop-work order; or
(2)
Except for cases involving violation of site plan review approval, or a special use permit, if a variance is granted by the ZBA.
§ 270-18.5 Misrepresentation.
Any permit or approval granted under this chapter based upon or granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to affect all the other remedies available to the Town under this chapter.
§ 270-18.6 Complaints of violations.
Whenever a violation of this chapter is alleged to have occurred, any person may file a written complaint in regard thereto. All such complaints shall be filed with the Planning Department. The Planning Department shall investigate such complaints and report the results of the investigation and any prosecution of violations to the Town Board.