Macedon Village City Zoning Code
ARTICLE III
General Provisions Applicable to All Districts
§ 301-10 Applicability of regulations.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements, and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void.
§ 301-11 Preservation of natural features.
A.
No habitable structure shall be built within 50 feet of bank of a watercourse carrying water on an average of six months of the year, except for:
(1)
Public bridges, public water works and other municipal or public utility facilities.
(2)
Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
B.
No movement of earth or filling of any material shall be permitted in any district without a permit issued by the Town of Macedon, subject to the provisions of this chapter.
C.
No person shall strip, excavate or otherwise remove topsoil for use, other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool or other use or structure on such premises pursuant to the provisions of this chapter.
D.
No movement of earth or erosion shall be permitted at any time in any district which adversely affects conditions on any other property.
E.
Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
§ 301-12 Regulations applicable to all zones.
A.
No site preparation or construction shall be commenced until final subdivision approval has been granted by the Planning Board and the subdivision map has been filed in the Wayne County Clerk's office or site plan approval has been granted by the Planning Board and all conditions of said approval have been met and final approval signatures from the Town Engineer, Zoning Officer and Planning Board Chair are obtained. Upon application, the Planning Board may, in special circumstances, grant approval for site preparation in advance of final approval. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.
B.
Accessory or storage buildings, including, but not limited to, a private garage for the parking of passenger motor vehicles of residents on the premises, garden house, tool house, play house, housing for domestic animals incidental to the residential use of the premises, are subject to the following:
(1)
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
(2)
No more than two detached accessory buildings, excluding private garages, may be located on any one parcel of land in a residential district. Accessory buildings with less than 50 square feet of floor area shall not be included in determining the number of accessory buildings on a property.
(3)
The total area of all detached accessory buildings on any one parcel of land in a residential district, including buildings with less than 50 square feet of floor area, shall not exceed 200 square feet in area. The area of detached private garages shall not, however, be included in determining total square footage of detached accessory buildings.
(4)
No detached accessory building in a residential district shall exceed 12 feet in height; except for a detached parking garage, which may be up to 15 feet in height.
(5)
With the exception of detached private garages, all detached accessory buildings must be located in the rear yard and subject to the setback requirements of the Hamlet Zoning Bulk and Use Table included as an attachment to this chapter. Detached garages shall be located to the rear of the front building line of the principal building.
(6)
These provisions shall not apply to permitted uses in nonresidential districts, except that no detached accessory buildings incidental to permitted uses in such districts shall be closer to the street or right-of-way line than the minimum front yard setback for the principal building.
(7)
The Planning Board may require detached accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans, in order to protect and/or screen adjacent properties.
C.
Every principal building shall have access to a public street improved to meet Town requirements. Access may be either by a driveway or private road approved by the Town. Said road or driveway shall have a right-of-way width of not less than 30 feet and a pavement width of not less than 20 feet and be improved with a durable all-weather surface, subject to approval of the Planning Board. All structures shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.
D.
At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above ground level measured at the edge of the pavement or at the curb, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection. This triangular area shall be measured along the edge of the pavement.
E.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
F.
No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required yard areas specified in this chapter.
G.
No manure, odor- or dust-producing substances shall be permitted to be stored within 100 feet of any lot line.
H.
For the purpose of regulating the location of buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or through lot which front on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
I.
No front yard shall be used for the open storage of boats, vehicles, travel trailers, snowmobiles, snowmobile trailers and other similar equipment on a residential lot, except for vehicular parking or driveways. Such equipment may be stored on the side of the building but no closer than 10 feet to the rear or side lot line.
J.
No commercial vehicle with a load capacity of more than one ton shall be parked out of doors overnight or on Sunday in a residential district. No display vehicle for commercial purposes shall be parked in any district for display purposes.
K.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use or setbacks.
L.
Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirement of this chapter and to site plan review.
M.
Fences erected in the Hamlet shall adhere to the following standards:
(1)
No fence in a front yard of a residential district shall be erected, altered or reconstructed to a height exceeding four feet above ground level.
(2)
Fences in any rear or side yard of a residential district may be erected, altered or reconstructed to a height of up to 6 1/2 feet above ground level.
(3)
Fencing used to enclose a tennis court may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from either the side or rear property line.
(4)
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(5)
Fences in nonresidential districts may be up to eight feet in height, except that they shall not exceed four feet in height in any front yard.
(6)
No fence shall be erected to encroach on any property line or upon a public right-of-way.
(7)
The face side of all fences erected shall be located so as to face the adjoining lot.
(8)
No fence shall be erected in a special flood hazard area.
N.
If the use of any lot or building involves the disposal of sewage or wastewater and public sewers are not available, an adequate sanitary disposal system for the same shall be installed in accordance with regulations and standards promulgated by the New York State Department of Health and/or NYSDEC and at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such disposal system. Certification of approval for the installation of on-site sewage disposal systems shall be obtained from the Department of Health and/or NYSDEC and submitted to the Town prior to the start of construction.
O.
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection N above, this provision shall not prohibit the storage of animal waste upon any farm.
P.
Discharge from individual sewage disposal systems shall be in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation.
Q.
All construction plans shall include consideration of stormwater drainage needs. Site grading shall direct water away from buildings and structures to the natural drainageway, and shall not direct water runoff to neighboring properties.
R.
Any structure which has been vacant or which has had utility service disconnected for 12 consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
S.
Any structure determined by the Fire Department to be completely destroyed by fire shall require a new building permit before any reconstruction is started. A new certificate of occupancy shall also be required.
T.
Any structure partially destroyed by fire shall be rebuilt in accordance with this chapter and the following additional provisions:
(1)
No permit shall be required to restore/replace any portion of a structure to its same condition as prior to its being damaged.
(2)
Any change in a structure damaged by fire, including but not limited to size of building, bearing walls, entranceways, or building materials, shall require a new building permit and said reconstruction shall meet or exceed the Uniform Code requirements and the provisions of this chapter.
U.
No more than one antenna and no more than one television satellite reception dish shall be permitted on any lot in any district.
V.
The dumping of refuse, waste material and other substances shall be prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Zoning Officer. Materials used as fill to establish grades shall consist solely of clean dirt, gravel and other clean fill. All materials applied shall be leveled, compacted and covered with at least four inches of clean dirt and subject to approval of the Zoning Officer.
W.
No dwelling unit shall be allowed to keep more than three dogs which are more than four months of age.
X.
No lot in any district may be used or occupied and no structure may be erected, maintained or used for the raising, harboring or housing of pigeons, swine, goats, rabbits, cows, horses, poultry, foxes, mink, skunks or any other fur-bearing animals.
§ 301-13 Property maintenance.
A.
Purpose. The purpose of this section is to:
(1)
Protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises.
(2)
Provide for the public health, safety and welfare.
(3)
Avoid, prevent and eliminate the maintenance or creation of hazards to the public health or safety.
(4)
Avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate the value of adjacent properties.
(5)
Prevent the creation, continuation or aggravation of blight.
(6)
Preserve property values in the Hamlet.
(7)
Prevent the physical deterioration or progressive downgrading of the quality of housing facilities in the Hamlet.
(8)
Maintain the value and economic health of the commercial properties and businesses that serve and help support the Hamlet and its citizens.
(9)
Prevent and eliminate physical conditions on the property which constitute nuisances and are thereby potentially dangerous or hazardous to the life, health or safety of persons on or near the premises where such conditions exist.
(10)
Establish minimum standards governing the maintenance and condition of land, building, structures and premises in the Hamlet.
(11)
Provide for administration and enforcement.
(12)
Fix penalties for the violation of this section.
(13)
Fix responsibilities upon owners, operators, occupants and other persons.
B.
Legislative intent. The purposes stated herein are remedial and essential for the public interest and it is intended that this section be liberally construed to effectuate the purposes as stated herein.
C.
Definitions and word usage.
(1)
Words and terms in this section which are defined in § 301-9 of this chapter shall apply to this section, unless they are specifically defined in this section.
(2)
The following terms, wherever used herein or referred to in this section, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context.
(3)
For the specific purposes of this section, the following terms, whenever used herein or referred to in this section, shall have the respective meanings assigned to them hereunder unless a different meaning clearly appears from the context:
BUILDING INSPECTOR
The Building Inspector or his duly authorized representative.
COMMERCIAL VEHICLE
All trucks, vans, construction equipment and limousines, bearing commercial license plates, which are in excess of four tons net weight.
DETERIORATION
The condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, crackling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises or part of any premises which may be lawfully viewed by the public or any member thereof.
EXTERIOR OF THE PREMISES
Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto; and the open land space of any premises outside of any building or structure erected thereon.
EXTERMINATION
The control and elimination of insects, rodents and vermin.
FRONT YARD
That space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the front yard shall be measured along a line perpendicular to the front street line or right-of-way line from the point of the foundation of the structure or building closest to such street line.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence of rodents, vermin, insects or other pests on the premises which constitutes a health hazard.
NUISANCE
(a)
Any public or private condition so defined by common law, or that would constitute a nuisance according to the statutes, laws and regulations of the State of New York, its governmental agencies or the Code or ordinances of the Town of Macedon.
(b)
Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on or near or passing within the proximity where such condition exists.
(c)
Any physical condition, use or occupancy of any premises or appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures; or detrimental to the health or safety of children, whether in a building on the premises of a building, or upon an unoccupied lot.
(d)
Any premises which are manifestly capable of being a fire hazard or are manifestly unsafe or unsecured so as to endanger life, limb or property.
(e)
Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds, or conditions which render air, food or drink unwholesome or detrimental to the health of human beings; or
(f)
Any structure or building that is in a state of dilapidation or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to an extent so as not to provide shelter; in danger of collapse or failure; and is dangerous to anyone on or near the premises.
OCCUPANT
Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling, premises or rooming unit, or any person or entity in possession of or using any premises, or part thereof, whether or not the owner thereof, and regardless of the duration of time of such possession, use or occupancy.
OPERATOR
Any person, persons or entity not the owner, who or which has charge, care or control of a dwelling or premises or a part thereof, with or without the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who or which shall have legal or equitable title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof, or who or which shall have charge, care or control of any lot, premises, building, structure or part thereof; as owner or agent of the owner, or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who or which is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this section and shall have responsibility over the portion of the premises so sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, right-of-way or multiples thereof, including the buildings or structure thereon.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including but not limited to garbage, trash, ashes, paper goods and products, wrappings, cans, bottles, containers, yard clippings, garden waste, debris, glass, boxes, crockery, wood, mineral matter, plastic, rubber, leather, furniture, household goods, appliances, bedding, scrap lumber, scrap metal, construction material, dead or rotting vegetation, tires, abandoned, inoperative or unusable automobiles and vehicles, and solid commercial or industrial waste.
D.
Compliance required. All structures and premises, residential, commercial and industrial, shall comply with the provisions of this section, whether or not those structures and premises have been constructed, altered or repaired before or after the enactment of this section and irrespective of any permits or licenses which may have been issued for their use or occupancy prior to the effective date of this section. Vacant lots, lands and premises are also required to comply with the provisions of this section.
E.
Higher standards to prevail. In any case where the provisions of this section impose a higher standard than set forth in any other law of the Town of Macedon or under the laws or regulations of the State of New York, then the standards as set forth herein shall prevail. If the provisions of this section impose a lower standard than any other law of the Town of Macedon or of the laws and regulations of the State of New York, then the higher standard contained in any such law shall prevail.
F.
Compliance with other laws. No certification of compliance with this section shall constitute a defense against any violation of any other law of the Town of Macedon applicable to any structure or premises.
G.
Applicability of zoning law. Nothing contained in this section or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the zoning law or other laws regulating land use of the Hamlet.
H.
Maintenance of premises.
(1)
It shall be the duty of the owner, operator, and/or occupant to keep the exterior of the premises free of nuisances, which include but are not limited to the following:
(a)
Garbage and/or refuse.
(b)
Natural growth, such as dead and dying or storm-damaged trees and limbs or other growth which, by reason of its condition or nature, constitutes a hazard to a public street, easement or right-of-way, or to persons lawfully in the vicinity. Lawn grass shall not be allowed to grow to a height greater than 12 inches. Owners of vacant premises must keep them free of nuisances.
(c)
Ground surface hazards, such as holes, excavations, breaks and projections, on residential premises within five feet of an unfenced property line or any part of a nonresidential premises to which the public has lawful access.
(d)
Sources of infestation, including all environments and conditions conducive to the increase or spread of vermin.
(2)
It shall be the duty of the owner, operator and/or occupant to keep and maintain the exterior of the premises and structures so that the appearance of the same shall not constitute a blighting factor, including but not limited to landscaping. Premises shall be kept from becoming overgrown and/or unsightly. Vegetation along the public right-of-way shall be kept from becoming a hazard to pedestrians and motorists.
I.
Condition of premises.
(1)
Sanitation. All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition, free from any accumulation of rubbish or garbage.
(2)
Insect and rat control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior and interior areas of the premises. Whenever infestation exists in the shared or public parts of the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner.
(3)
Prohibited conditions. The exterior of all premises shall be kept free of the following matter, materials or conditions:
(a)
Abandoned, uncovered or structurally unsound walls, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
(b)
Abandoned iceboxes, refrigerators, heaters, television sets, and other major appliances.
(c)
Animal excrement.
(d)
Buried rubble, refuse or rubbish.
(e)
Nuisances as hereinabove defined.
J.
Exterior structures. The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.
K.
Vacant buildings.
(1)
Definition. An "unoccupied or vacant building" shall mean any structure intended for residential or commercial use which is not currently occupied or in use. For the purpose of the enforcement of this chapter, a presumption shall exist that a structure vacant for six months is not currently occupied or in use.
(2)
Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(3)
Basic equipment and facilities. Every unoccupied or vacant building must comply with the following minimum standards for basic equipment and facilities:
(a)
Plumbing. All fixtures shall be properly installed and be in sound condition and good repair.
(b)
Electricity. Every existing outlet and fixture shall be properly connected. Wiring and service lines shall be maintained in good and safe working condition.
(c)
Heating plant. The heating plant shall be maintained in a safe condition.
(d)
Cooking equipment. All cooking equipment shall be maintained in a safe condition.
(4)
Safety from fire. All owners of unoccupied or vacant buildings shall comply with the applicable provisions of the New York State Fire Prevention Code and the following additional standards for safety from fire:
(a)
No unoccupied or vacant building shall contain any space utilized for the storage of flammable liquids.
(b)
Doors and windows shall be boarded up, and shall be covered with no less than 1/2-inch exterior plywood or equivalent, which shall be the same color as the building exterior.
(5)
Safe and sanitary maintenance. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners.
(6)
Further responsibilities of owners. All owners of unoccupied or vacant buildings shall be required to comply with the following standards:
(a)
Any yard area (front, side and rear) adjacent to an unoccupied or vacant building shall be cleared and maintained free of trash, solid debris or any other materials that cause litter to accumulate to unhealthy and blighting proportions.
(b)
Grass, weeds or vegetation shall not be permitted to grow or remain on the side, front, and/or rear yards of any unoccupied or vacant building so as to exceed a height of 12 inches. No edible vegetation planted for some useful or ornamental purpose shall be governed by this provision.
(c)
When a vacant dwelling is found to be infested with rats, termites, roaches and/or any other insects and vermin, the owner shall undertake an expedient means of extermination of such nuisances.
L.
Existing remedies. Nothing in this section shall be deemed to abolish or impair existing remedies of the Town or its officers or agencies relating to the removal or demolition of any building or structure which is deemed to be dangerous, unsafe or unsanitary.
M.
Enforcement.
(1)
Enforcement officer. The Building Inspector, or designee, or the Zoning Officer of the Town of Macedon is hereby designated as the officer in charge of the enforcement of this section, and is hereinafter referred to as the "Enforcement Officer."
(2)
The Enforcement Officer shall cause to be made such inspections of premises within the Hamlet as the Enforcement Officer shall deem necessary to effect compliance with this chapter and shall have the authority to use the services of any public authority in the enforcement of this section.
(3)
Notice to owner, operator or occupant upon noncompliance. Following inspection, if the Enforcement Officer determines that the premises are not in compliance with this section, the Enforcement Officer shall then issue and cause to be served upon the owner, operator, and/or occupant of the premises a written notification, stating the nature of the violation and the corrective action sought, and allow for its correction within a period not to exceed 30 days, exclusive of the day of service, to be determined by the Enforcement Officer. In cases where the violation presents a clear and present danger to public health and safety, the complaint is to be turned over to the Wayne County Health Department and/or the complaint is to be processed in Town Court for prompt action within its jurisdiction.
(4)
Service of notice. In the case of an owner or operator, the notice may be served personally upon said owner or operator or by registered mail, or certified mail, addressed to the last known address. If, after due diligence, the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the structure. Personal service of the notice may be upon a member of the family or the owner or operator over 14 years of age, residing in the same dwelling unit with the owner or operator, as the case may be. In the case of an occupant, notice may be mailed or delivered to the occupant at the occupant's place of business or posted to the door of the occupant's premises.
(5)
Protest; hearing before Town Board; subsequent actions.
(a)
Within 10 working days following receipt of the notice of violation, the person receiving such notice may file an objection, in writing, to the Enforcement Officer, and any such person shall be afforded a hearing before the Town Board as soon as is reasonably possible. The Town Board may, in its discretion, modify or withhold strict enforcement of this section.
(b)
If the decision rendered by the Town Board after the hearing upholds the decision of the Enforcement Officer, a second notification shall be issued and served, allowing such time period as is established by the Town Board for correction of the violation and carrying notice of the penalties which will be imposed for failure to comply.
N.
Emergency situations. Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Enforcement Officer may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the Enforcement Officer shall abate the condition subject to the provision of this section.
O.
Abatement by the Town. Where abatement of any nuisance, as defined herein, correction of a defect in the premises or work necessary to place the premises in a proper condition so as to conform to the laws of the Town of Macedon or applicable laws of the State of New York required expending Town moneys, the Enforcement Officer shall present a report of work proposed to be done to accomplish the foregoing to the Town Board, with an estimate of the cost, along with a summary of the proceedings undertaken by the Enforcement Officer to secure compliance, including notices served upon the occupants, owners, operators or their agents, as the case may be. The Town Board may thereupon, by resolution, authorize abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with this section. The Enforcement Officer shall thereafter proceed to have work performed in accordance with the resolution at municipal expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs to the Town Board. After review of the report, the Town Board may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectable as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Town Clerk and filed with the Tax Collector of the Town of Macedon, who shall be responsible for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the affected premises.
P.
Violations and penalties.
(1)
Where an owner, operator or occupant fails to comply with an order issued pursuant to this section, said owner, operator or occupant shall be deemed in violation of this section and shall be subject to the penalties provided herein. It shall be the duty of the Enforcement Officer to cause a summons to be issued from the Town Court for such violation, but nothing contained herein shall limit the power of the Enforcement Officer to take such further action under the criminal and civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate any nuisance.
(2)
Each violation of any of the provisions of this section and each day that the violation exists shall constitute a separate and distinct offense and shall be punishable by a fine not to exceed $500 per day and per offense, levied against the owner, operator, or occupant, with a minimum fine of $100 per day.
(3)
Where abatement of any nuisance, as defined herein, was accomplished and premises brought into compliance with this section through the expenditures of the Town of Macedon funds, such costs shall be assessed against the premises cited as a lien in the same manner as real estate taxes.
Q.
Compliance inspection. Upon issuance of a notice of violation pursuant to this section, the property owner, operator/or occupant shall correct the condition and notify the Enforcement Officer that said condition has been corrected. A compliance inspection shall be made. Should full compliance not to be achieved at the time of said inspection, the Town shall be reimbursed by the property owner for the cost of all reinspections. Failure to reimburse the Town of Macedon shall result in a lien for said cost being placed against the property in the same manner as real estate taxes.
R.
Fees. There shall be no fee for an initial compliance inspection made following the issuance of a notice of violation required pursuant to this section. Fees for subsequent inspections to determine compliance shall be $25 for the first inspection and shall increase in increments of $25 for each subsequent inspection.