Kingsbury City Zoning Code
ARTICLE X
Enforcement and Penalties
§ 280-57 Penalties for offenses.
[Amended 6-9-2014 by L.L. No. 3-2014]
A.
Violations. Whenever a violation of this chapter or the terms and conditions of any permit or approval issued under this chapter occurs, the Code Enforcement Officer or authorized designee may, at his own initiative, enforce compliance and order that the violation be remedied. In addition, any person, Town official or board may file a complaint requesting enforcement action by the Code Enforcement Officer or authorized designee. All such complaints shall be made to the Code Enforcement Officer or authorized designee, who shall properly record such complaint and timely investigate and report findings thereon to the Town Board. The Code Enforcement Officer or authorized designee shall have authority to serve an order to cease or remove a violation (otherwise known as a "stop-work order" or "order to remedy"), or to issue a summons, or take any such enforcement action authorized by law upon any person owning, leasing, controlling or managing any building, structure, or land. The undertaking of a land use, construction of any structure, or development for which a zoning permit is required, but not obtained, shall constitute a violation of this chapter. The construction, development or operation of any improvement in a manner that deviates from an approved plan shall constitute a violation of this chapter. The violation of any condition imposed pursuant to any approval, project permit, certificate of compliance, special permit, site plan, variance, or approval shall constitute a violation of this chapter.
B.
Civil and criminal penalties.
(1)
Criminal offense. Any person owning, leasing, managing or otherwise controlling any building, structure, premises or land where a violation of this chapter occurs and any person who commits or assists in the commission of any violation of this chapter may be found guilty of 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 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 not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Every such person shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue. Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agent or manager may be considered to be the "person" for the purpose of this article. The Code Enforcement Officer or authorized designee has the authority under this chapter and the Town Law to prosecute any such violations in the Town of Kingsbury Justice Court or other court of competent jurisdiction.
(2)
Civil offense. In addition to the penalties in Subsection B(1) above, any person who violates any provision of this chapter shall, for every such violation, forfeit and pay a civil penalty of not less than $100 nor more than $1,000. When a violation of any of the provisions is continuous, each day thereof shall automatically constitute a separate and distinct violation subjecting the offender to an additional civil penalty without the necessity for any further notice, order or other action by the Code Enforcement Officer or authorized designee. The Code Enforcement Officer or authorized designee has the authority under this chapter to commence a civil action in order to collect the civil penalty or penalties imposed pursuant to this section in the Town of Kingsbury Justice Court or other court of competent jurisdiction, provided that the Town Board consents to same. To the extent that this provision is inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, § 268, the Town Board of the Town of Kingsbury hereby declares its intent to supersede said section of the Town Law, pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, § 10 et seq., of the Consolidated Laws of the State of New York.
(3)
Remedies not exclusive. In case of any violation or threatened violation of any of the provisions of this chapter, or conditions imposed in any approval, permit or certificate of compliance, in addition to the remedies herein provided, the Town may, by resolution of the Town Board, institute any appropriate action or proceedings for injunctive or other relief to prevent, restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. As part of such action, the Town may request from the court an order that requires the violator to reimburse the Town for the costs, including the attorney fees, incurred with respect to the action for injunctive relief. The methods of enforcement as set forth herein, are not exclusive and may be utilized together, alternatively, repeatedly or in any combination thereof until compliance is obtained and the violation is abated. Abatement of the violation does not preclude the exaction of a penalty, fine or collection of attorney's fees and costs and such other relief a court may order.
(4)
Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the municipality may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
C.
Enforcement orders. The Town Board of the Town of Kingsbury herein grants the Code Enforcement Officer or authorized designee the enforcement responsibility of immediately terminating or prohibiting the continuance of any actions which are in violation of this chapter by posting a stop-work order or order to remedy on the premises wherein the violation has occurred.
D.
Notices.
(1)
The stop-work order or order to remedy shall serve notice to the owner, occupant, builder, developer, agent and/or any other individual or business on the premises that all such actions specified on the stop-work order or order to remedy must be terminated, abated, or remedied immediately or within such time specified in such order.
(2)
The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a manner provided for personal service of notices by the court of local jurisdiction, or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested, to such person at his or her last-known address.
E.
Misrepresentation. Any permit or approval granted under this chapter which is based upon or is 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 the remedies available to the Town elsewhere in this chapter.
F.
Complaints. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be filed with the Code Enforcement Officer or authorized designee, who may require such complaint to be in writing. The Code Enforcement Officer or authorized designee shall investigate the complaint and take such action as is appropriate in his/her discretion. The Code Enforcement Officer shall keep records of all complaints made and the results of any investigations conducted.