Issuance of building permits.

Issuance of certificates of occupancy or use.

Determine application completeness. The Code Enforcement Officer shall be responsible for determining the completeness of any application for a building permit, certificate of occupancy or use, special use permit or site plan review. The Code Enforcement Officer shall be responsible for determining compliance with the use, area and bulk requirements of this chapter.

Issuance of notices of violation. Whenever, in the opinion of the Code Enforcement Officer, after proper examination and inspection, there appears to exist a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, he shall on his own initiative serve a written notice upon the appropriate person responsible for such alleged violation. Such notice shall inform the recipient of the following:

Issuance of stop-work orders. Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure or any use of land is occurring either in violation of the provisions of this chapter, not in conformity with any application made, permit granted or other approval issued hereunder or in an unsafe or dangerous manner, the Code Enforcement Officer shall promptly notify the appropriate person responsible to suspend work on any such building or structure or the use of any such land. Such persons shall forthwith suspend such activity until such time that the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work or use may be resumed and may be served upon the person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction or premises in use and additionally sending a copy of the same by certified mail.

Taking of emergency action. If, in the opinion of the Code Enforcement Officer, a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety or welfare of occupants of a building, or to other persons, the Code Enforcement Officer may direct that such violation be immediately remedied or may take direct action on his own initiative to abate the hazard or danger. Any costs incurred by such action shall be paid for by the owner, occupant or person responsible for the violation. The Code Enforcement Officer shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses or place a lien against property, in order to recover said costs.

Authority. Pursuant to § 271 of Town Law, the Town of Kingston has created a Planning Board. Said Board consists of five members appointed by the Town Board in such manner and for such terms as provided in the Town Law. The Planning Board shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Planning Board shall have original jurisdiction for all matters pertaining to this chapter pursuant to § 274-a of Town Law (site plan review).

Responsibilities. The Planning Board shall hear and make decisions on the following:

All members and alternate members of the Zoning Board of Appeals shall complete the training required by Subdivision 7-a of § 271 of Town Law.

Alternate members.

Attendance. Each six-month period (January through June, July through December), Planning Board members are required to attend a minimum of 2/3 of the regularly scheduled meetings of the Planning Board that are held, including work sessions. If a member anticipates his or her absence from a meeting/work session, the member must make every effort to contact the Chairperson at the earliest opportunity so an alternate member may be notified.

Removal. The Town Board shall have the power to remove any member of the Planning Board for noncompliance with the minimum requirements relating to meeting attendance as set forth in Subsection E or upon noncompliance with state mandated training requirements. Such noncompliance shall constitute cause for removal, which may be accomplished after a public hearing with 15 days prior notice to the member, and upon adequate proof of noncompliance being presented at such hearing. The member shall have an opportunity to be heard to refute the allegations or offer an excuse for such absence. A majority vote of the Town Board is required to remove the member upon a finding of failure to meet the attendance and/or training requirements without an adequate excuse. The determination of whether or not an excuse is adequate under the circumstances shall be within the sole discretion of a majority of the Town Board.

Civil penalties. Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions 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 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. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. The owner, general agent or contractor of a building premises, or part thereof, where such a violation has been committed or does exist and any agent, contractor, architect, builder, corporation or other person who commits, takes part in or assists in such violation shall be liable for such an offense. All such penalties shall be collectible by and in the name of the Town; each and every week that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be given in writing by the Code Enforcement Officer and shall be served by certified mail or personal service.[1]

Court action. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain by injunction, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.