Massena Village City Zoning Code
ARTICLE VIII
Miscellaneous Provisions
§ 300-37 Penalties for offenses; remedies for violations.
[Added 7-16-1991 by L.L. No. 6-1991]
A.
Stop-work order. The Code Enforcement Officer may issue a stop-work order to preclude the continued and further violation of these regulations or to protect the public health or safety. Such stop-work order shall stay all activity in conjunction with any violation of these regulations. Any stop-work order will stipulate that within 30 days a permit or certificate will be obtained noting compliance with these regulations. If such permit or certificate is not obtained by the responsible party or the work continues in violation of the stop-work order, action by the Village will be initiated to compel compliance, for injunction or to assess such penalties as are hereafter provided for.
B.
Correct-work notice enforcement. The responsible party shall correct listed violations in a correct-work notice within 30 days from the date of notification. Failure to comply with said notice shall be reported to the Village Board within 10 days of the last date for compliance given in the notice. The Village Board may direct the Village Attorney to institute proceedings to compel compliance and correct violations to these regulations.
C.
Permit revocation.
(1)
A zoning/building permit, sign permit or special use permit (including site plan approval) may be revoked by the Zoning Enforcement Officer if the permit recipient fails to develop or maintain the property in accordance with plans submitted, the requirements of the zoning regulations or any additional requirement lawfully imposed by the permit authorizing board.
(2)
Before a permit may be revoked, notice and hearing requirements for hearings of the Zoning Board of Appeals shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
(3)
The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked shall be upon the party advocating that position. The burden of persuasion shall also be upon that party. Any decision by the permit-issuing board shall include, insofar as practicable, a statement of the specified reasons or findings of fact that support that decision. If the permit is revoked, a written statement of the decision, along with the reasons for the action, shall be provided to the permittee in writing.
(4)
No person may continue to make use of land or buildings in the manner authorized by any zoning/building permit, sign permit or special use permit after such permit has been revoked in accordance with this section.
D.
Penalty.
[Amended 9-4-2001 by L.L. No. 2-2001]
(1)
A violation of any of the provisions contained in this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances, site plan approvals or the establishment of a planned unit development, shall constitute a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not less than $100 nor more than $250 or by imprisonment for not more than seven days, except that:
(a)
When the person was found to have violated any of the provisions of this chapter within the preceding five years, the fine may be of not less than $250 nor more than $500 or by imprisonment for not more than 15 days for each violation; and
(b)
When the person was found to have committed two or more such violations within the preceding five years, the fine may be of not less than $500 nor more $1,000 or by imprisonment for not more than one year, or both.
(2)
Each week that any violation continues after notification that such violation exists shall be considered a separate offense. These penalties shall be in addition to any other penalty provided by law. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
E.
Civil penalty. Any act constituting a violation of the zoning regulations, including violation of any conditions or safeguards established in connection with grants of variances, site plan approvals or the establishment of a planned unit development, shall also subject the offender to a civil penalty of $100. If the offender fails to pay this penalty within 10 days after being cited for a violation, the penalty may be recovered by the Village in a civil action in the nature of debt. A civil penalty may only be appealed to the Zoning Board of Appeals if the offender was sent a final notice of violation and filed an appeal to the Zoning Board of Appeals within 30 days of its receipt. Each week that any violation continues after notification that such violation exists shall be considered a separate offense.
F.
Injunction. In addition to the above provided penalties and remedies, the Village Board shall reserve the right to take actions in the name of the Village to compel compliance with or to restrain by injunction the violation of the zoning regulations.
G.
Judicial review. Any person or persons jointly or severally aggrieved by any decisions of the Planning Board, Board of Appeals, Village Board or any officer of the Village concerning these regulations may have the decision reviewed in the manner provided by Article 78 of the Civil Practice Law and Rules, provided that the proceeding is commenced within 30 days after the receipt of written notice of the decision. Costs shall not be allowed against the Village unless it appears to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.