The Zoning Enforcement Officer, or an authorized deputy, shall have the right to enter any building or enter upon any and all land at any reasonable hour as necessary in the execution of his or her duties, provided that:

The Zoning Enforcement Officer shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on such complaint. These records shall be public records.

The Zoning Enforcement Officer, or authorized deputy, are authorized to issue desk appearance tickets as defined in § 150.10 of the Criminal Procedure Law of the State of New York to enforce the provisions of this chapter and all rules, conditions, and requirements adopted or specified pursuant thereto. Such desk appearance ticket shall be returnable within 30 days in the Town of Esopus Justice Court.

The form of the desk appearance ticket issued by the Zoning Enforcement Officer, or authorized deputy, shall be governed by the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York. The content of such appearance ticket and the method of prosecution thereunder shall always be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.

In January of each year the Zoning Enforcement Officer shall annually submit to the Town Board a written report summarizing all complaints of violations and actions taken as a result of such complaints since the date of the last report.

Any person committing an offense against any provision of this chapter or violating any provision or requirement of any statement, site plan, application, permit or certificate approved under the provisions of this chapter shall be punishable by a fine not exceeding $2,500 or imprisonment for a period not to exceed 15 days, or both.

The owner of premises shall be responsible for compliance with all the requirements of this chapter, and it is no defense that the culpable action or failure to act may have been done by others. The foregoing notwithstanding, any person who commits or takes part or assists in a violation or who maintains any building or premises in which any such violation exists shall also be guilty of a violation.

Written notice of any alleged violation of this chapter shall be given by mail, at the address listed on the most recent assessment roll for the Town of Esopus, or personal service to the record owner of the subject premises at least five days prior to the commencement of any proceeding to enforce any provision of this chapter; provided, however, that such notice shall not be required where, in the judgment of the Zoning Enforcement Officer, or authorized deputy, that the alleged violation constitutes a threat to life, health or safety, in which case no such notice shall be required.

Taking emergency action. If in the opinion of the Zoning Enforcement Officer, or authorized deputy, a violation exists which requires immediate action to avoid a direct hazard or eminent danger to the health, safety or welfare of the occupants of a building or to other persons, the Zoning Enforcement Officer, or authorized deputy, may direct that such a violation immediately be remedied or may take such action on her or his own initiative to abate the hazard. Any costs incurred by such action shall be paid by the owner, occupant or person responsible for the violation. The Zoning Enforcement Officer, or authorized deputy, shall keep on file an affidavit stating with fairness and accuracy the items of expense, including actual time expended by Town personnel on such enforcement, and date of execution of action taken.

Each and every day that a violation continues shall constitute a separate offense.

Each of the provisions of this chapter is hereby readopted without substantive change by local law, pursuant to the Municipal Home Rule Law of the State of New York. The provisions of this chapter, and the provisions establishing penalties for violating this chapter, shall supersede the provisions of the Town Law to the extent that they are inconsistent therewith.

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, in violation of this chapter or any regulation made under authority conferred thereby, the Town Board or any Town officer designated by said Board, in addition to other remedies, may institute an appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such a violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises. The Zoning Enforcement Officer shall serve notice by posting in a conspicuous location on the property that is the subject of the violation and either personally on the owner or by mail, at the address listed on the most recent assessment roll for the Town of Esopus, on the person or corporation committing or permitting the same, and if such violation does not cease within such time as the Zoning Enforcement Officer may specify and a new certificate of occupancy is not obtained, he shall, with the authorization of the Town Board, institute such of the foregoing actions as may be necessary to terminate the violation.

In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the Town may seek a civil penalty not to exceed $1,000 per day for each day of the violation.

Occupancy and use of a building erected, reconstructed, restored, structurally altered or moved or any change in use of an existing building.

Occupancy, use or any change in the use of any land.

A change in use of a nonconforming use.

Any normal replacement or addition of equipment and machinery not affecting the operations or the degree or nature of dangerous and objectionable elements emitted shall not be considered a change of use.

After occupancy, if there occur continuous or frequent, even though intermittent, violations of the performance standards and other provisions for a period of five days, without bona fide and immediate corrective work, the Zoning Enforcement Officer/Building Inspector shall suspend or revoke the occupancy permit of the use, and the operation shall immediately cease until it is able to operate in accordance with these regulations, at which time the occupancy permit shall be reinstated.

The Zoning Enforcement Officer/Building Inspector shall investigate an alleged violation of the performance standards, and, if there are reasonable grounds to believe that a violation exists, he shall investigate the alleged violation and for such investigation may, with the approval of the Town Board, employ qualified experts. A copy of said findings shall be forwarded to the Town Board. The services of any qualified experts employed by the Town to advise in establishing a violation shall be paid by the violator if it shall be determined that a violation is proved and otherwise by the Town. No new certificate of occupancy shall be issued unless such charges have been paid to the Town.

The Town of Esopus can incur significant expenses in the operation of the Town Board, Planning Board, the Zoning Board of Appeals and the office of the Zoning Enforcement Officer/Building Inspector.

These expenses include, but are not limited to, administrative, legal and technical review costs, as follows:

When these expenses are occasioned in connection with an appeal, application or petition made by an applicant to the Town or an instrumentality of the Town, then it is proper and in the public interest for the applicant to bear the cost of these expenses.

Applications and petitions. A fee shall accompany any application or petition to the following Town agencies and officials listed below. Such application fee shall be in accord with a fee schedule adopted, and as may be subsequently amended, by resolution of the Town Board. Said schedule shall be maintained by the Town Clerk.

Additional fees for certain planning and zoning reviews. For certain applications the Planning Board, Town Board and Zoning Board of Appeals will require professional expert resources in order to make final determinations on said applications. The costs of these professional resources shall be borne by the applicant. The standards and criteria for imposition of such additional fees, and the manner in which such fees are to be paid, shall be in accord with Chapter 71 of the Town of Esopus Code (L.L. No. 3-1991), A Local Law to Compensate the Town of Esopus for the Cost of Certain Planning and Zoning Reviews, and any amendments thereto.

Environmental impact statement review. In the event that the proposed action has been determined by a Town agency acting as lead agency to have a potential significant effect upon the environment, as provided for in § 617 of the New York Code of Rules and Regulations (SEQR), and an environmental impact statement must then be prepared and submitted, the applicant shall pay the reasonable fees, disbursements and/or cost incurred by professional experts in the course of review of said environmental impact statement.