Greenwich Town City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 190-87 Conformance required.
No building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein set forth for the district in which it is located.
§ 190-88 General provisions.
A.
Minimum lot size. No division of land may be made whereby any lot created is smaller than the minimum size permitted in the district in which said lot is located or has less frontage, setback or yard space than the minimum required, except as explicitly provided in Article VII and other sections of this chapter.
B.
Nonconformance. Any use which was a legally existing permitted use prior to the adoption or subsequent amendment of this chapter and which becomes a special use as a result of the adoption or amendment shall not be deemed to be a nonconforming use but shall be deemed to be and regulated as a special use for which a permit was duly issued.
C.
Height exceptions. The limitation of height shall not apply to chimneys, aerials, silos, elevators, water tanks, ventilators, skylights, tanks and other necessary features usually carried above roofs or to towers, antennas or spires of churches or other buildings.
D.
Double frontage. For any through lot fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located.
E.
Residential lots on culs-de-sac. Residential lots which front culs-de-sac shall meet all the space and bulk requirements of the district in which they are located, except that the frontage adjacent to the cul-de-sac may be 60 feet or more, provided that the median lot width equals or exceeds the minimum frontage requirement of the district.
F.
Maximum cul-de-sac length. The maximum length of a dead-end road ending in a cul-de-sac shall be 1,500 feet.
§ 190-89 Designation of enforcing official.
This chapter shall be administered and enforced by one or more administrative official(s), heretofore referred to as "Code Enforcement Officer," duly appointed by the Town Board of Greenwich to carry out the word and intent of this chapter.
§ 190-90 Duties of administrative official.
A.
Rules, regulations and forms. The official shall have the authority to make, adopt and promulgate written rules, regulations and forms as may be necessary for administration and enforcement of the content and intent of this chapter. The official shall be responsible to submit such rules, regulations and forms to the Town Board, which shall move to approve, reject or modify the same within 60 days after submission. Once approved by the Town Board and filed with the Town Clerk, rules, regulations and forms shall have the same force and effect as the provisions of this chapter and be subject to the same penalties for violation thereof.
B.
Entry and inspection. The official shall have the right to enter upon, examine and inspect or cause to be entered, examined and inspected any building or property for the purpose of carrying out the provisions of this chapter after reasonable written notice of intent to examine or inspect has been provided to a property owner and permission of the owner has been granted. If such permission is denied, access shall be pursued by the Town Attorney, who shall be notified by the official.
C.
Referral to the Planning Board, Town Board and Board of Appeals. The official shall inform any applicant of the appropriate Town agency to which the application should be presented prior to the issuance of a building permit, in accordance with this chapter and all other state, county and local law.
D.
The official shall be charged with the general and executive administration of this chapter and shall have the following general duties and powers:
(1)
To oversee and enforce all provisions of this chapter and all rules, conditions and requirements adopted or specified pursuant thereto.
(2)
To record all identifiable complaints or violations of any provision of this chapter and the subsequent action taken on each such complaint.
(3)
To file a report with the Town Board at quarterly intervals, summarized for a period since the most recent previous report, listing all complaints of violations and subsequent action taken on each such complaint.
(4)
In addition to any and all other authority vested in the official by state law and this chapter, the official is hereby authorized and empowered to issue appearance tickets, in a form to be prescribed by the Town Board, for the prosecution of all violations of this chapter. Following the filing of information, the official shall have the authority to appear at any and all actions and proceedings in furtherance of said prosecution in any court of competent jurisdiction.
§ 190-91 Conflicts with other provisions.
This chapter shall be administered and enforced in tandem with all other applicable Town, county, state and federal laws, including but not limited to Chapters 96, Building Permits; 117, Fire Prevention and Building Construction; 165, Street Design Standards; and 167, Subdivision of Land, of the Code of the Town of Greenwich, New York. In the event of a conflict with another provision, the more restrictive shall apply.
§ 190-92 Penalties for offenses.
Whenever, in the opinion of the official after proper examination and inspections, there appears to exist a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall serve a written notice of violation upon the owner or occupant of the premises.
A.
Notice of violation. Such notice of violation shall inform the recipient of:
(1)
The nature and details of such violation.
(2)
Recommended remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(3)
The date of compliance by which the violation must be remedied or removed.
(4)
The right to a hearing before the official in accordance with Subsection C below.
B.
Extensions. The official may extend the date of compliance in a notice of violation, after written application, if, in his opinion, there is reasonable evidence of intent to comply and reasonable conditions exist which prevent compliance by the specified date.
C.
Request for hearing. Any person served with a notice of violation in accordance with Subsection A above and who denies the violation or is allegedly aggrieved by the required action necessary for compliance may, within 10 days after service of notice, make a request, in writing, for a hearing before the official, stating the reasons why such a hearing is requested.
D.
Method for service of notice of violation. A notice of violation shall be served on the owner of the premises personally or by registered mail. The notice of violation may also be served upon any builder, contractor, subcontractor, construction superintendent, or their agents or any other person taking part or assisting in work being performed on the premises, provided that failure to serve any person mentioned in this sentence shall not affect the efficacy of the notice of violation.
[Amended 5-12-2009 by L.L. No. 1-2009]
E.
Hearing. Within 10 days after receipt of a request for a hearing, the official shall acknowledge receipt, in writing, and set a time and place for such hearing, not later than 30 days after the date the request was received. Hearings may be postponed beyond 30 days by the official for just cause, and notice of postponement shall be served. The person requesting the hearing shall be required to show cause or give evidence why he should not be required to remedy the violation or why he is unable to comply with the remedial action outlined in the notice of violation.
F.
Findings. After consideration of all testimony given at the hearing held in accordance with Subsection E above, the official shall sustain, withdraw or modify the notice of violation as originally served. If such notice is sustained or modified, the official shall set a new compliance date by which the violation shall be remedied or removed in accordance with the original notice of violation or modified remedial action specified at the hearing.
G.
Certificate of zoning compliance. On reinspection following the expiration of the date of compliance as specified in the notice of violation, if the violation has been remedied or removed in accordance with the specified remedial action and there is no longer a violation of any provision of this chapter, then a certificate of zoning compliance shall be issued by the official.
H.
Legal action by Town of noncompliance. On reinspection following the expiration of the date of compliance as specified in the notice of violation or as extended in accordance with Subsection B above, if the remedial action specified has not been carried out and there is still in existence, in the opinion of the official, a violation of a provision of this chapter, then the official shall immediately refer the matter to the Town Attorney, who shall thereupon institute appropriate legal action to restrain, prevent, enjoin, abate, remedy or remove such violation and take whatever other legal action is necessary to compel compliance with this chapter.
I.
Penalties.
(1)
Any person who shall violate or cause to be violated or assist in the violation of any provisions of this chapter shall be subject to conviction of an offense by a proper court and be subject to 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, subject to 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, subject to a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
(2)
The term "person," as used in this subsection, shall include an owner, occupant, mortgagee, tenant, vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a building property or part thereof.