Mc Graw Village City Zoning Code
ARTICLE XVII
Enforcement and Administration
§ 175-71 Enforcement officer; authority.
This chapter shall be enforced and administered by the Code Enforcement Officer, who shall be appointed by the Village Board of Trustees. The Village Board of Trustees may fix the salary or remuneration of such Code Enforcement Officer and provide for payment thereof.
No zoning permit or certificate of compliance shall be issued except in conformity with all the provisions of this chapter. The Code Enforcement Officer is expected to enforce this chapter and is authorized to cause any building, structure, place, premises or use to be inspected or examined and to order, in writing, the remedying of any condition found to exist therein and thereon in violation of any provision of this chapter.
§ 175-72 Zoning permit required; surcharge for noncompliance.
No building, structure or sign in any district, including special use districts, shall be erected, added to or moved or structurally altered until the Code Enforcement Officer has issued a zoning permit. No zoning permit shall be issued unless and until the proposed construction, addition, alteration or use thereof is in full conformity with all the provisions of this chapter or any applicable law. Any zoning permit issued in violation of the provisions of this chapter shall be null and void and of no effect, and any work undertaken or use established pursuant to any such permit shall be unlawful.
In any case where a required zoning permit is not obtained before construction has begun, a mandatory surcharge shall be assessed, equal to the regular fee required to be paid. Said surcharge must be paid in addition to the regular permit fee before a zoning permit may be issued. In any case where a required zoning permit is not obtained within three business days after due notice from the Building Inspector/Code Enforcement Officer of the need therefor, a mandatory surcharge shall be assessed amounting to double the regular fee required to be paid. Such surcharge must be paid in addition to the regular fee before a zoning permit may be issued.
Mandatory surcharges shall be in addition to the penalties or other remedies for violation of this chapter.
§ 175-73 Permit application procedure.
Applications for zoning permits shall be made at the Village office upon official forms furnished for such purpose, which shall be signed by the applicant. Applications for permits may be made by the owner or his/her authorized agent.
There shall be submitted with all applications for zoning permits three copies of a layout or plot plan signed by a licensed engineer or surveyor drawn to scale showing the actual dimensions of the lot to be built upon and the exact size and location of the building and accessory buildings to be created. The Code Enforcement Officer shall have the authority to waive the requirements of this subsection if such conditions warrant it.
All applications for zoning permits shall be accompanied by a description of the intended use or uses of the land and buildings and such further details as the Code Enforcement Officer may require to determine conformance with this chapter.
There shall be endorsed upon each application the written approval and consent of the Cortland County Health Department when such approval is required. Such endorsement shall not be required in the case of zoning permit applications for accessory buildings the use and occupancy of which do not or will not involve any health hazard.
Every application for a zoning permit shall be accompanied by a nonrefundable fee, according to the fee schedule adopted by the Village Board and available from the Village Clerk.
§ 175-74 Expiration of permit.
All work associated with a zoning permit shall be completed within the twelve-month period immediately following the date of issuance of such permit, upon which date the permit shall expire. Any further work performed beyond the expiration date shall constitute a violation of this chapter.
Any zoning permit issued hereunder may be extended by the Zoning Board of Appeals for a period of up to six months, provided that the applicant submits the proper application form 45 days prior to the expiration date of such permit. In the event that any permit issued hereunder shall expire, the applicant shall submit a new application form, including documents and fees, as required.
§ 175-75 Revocation of permit.
The Code Enforcement Officer may revoke a zoning permit which he or she has issued in the following instances:
There has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the zoning permit was based.
The zoning permit was issued in error and should not have been issued in accordance with applicable laws.
The work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
§ 175-76 Denial of permit.
The Code Enforcement Officer, after determining that such application for the proposed work, use and/or occupancy is not in compliance with all provisions of this chapter or any other applicable laws, shall disapprove such application and shall return to the applicant plans endorsed as “disapproved” with the reasons stated in writing thereon.
§ 175-77 Complaints of violation.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate any report thereon. The Code Enforcement Officer, upon completion of his investigation, shall file a report with the Village Board of Trustees within 30 days of receipt of the complaint.
§ 175-78 Certificate of compliance.
No land shall be used or occupied and no building or structure shall be erected, added to, structurally altered, extended or changed in use until a certificate of compliance has been issued by the Code Enforcement Officer. All applications for such certificates shall be in conformance with the provisions of this chapter and shall be in compliance with any additional conditions set by the Zoning Board of Appeals or Planning Board.
The Code Enforcement Officer shall issue a certificate of compliance after determining by inspection that such erection, extension, alteration, use or occupancy complies with the provisions of this chapter and other applicable laws. A certificate of compliance shall be issued within 10 days after the erection, extension, alteration, use or occupancy shall have been approved as complying with the provisions of this chapter. A record of all certificates of compliance shall be maintained by the Code Enforcement Officer.
§ 175-79 Penalties for offenses.
Any person, firm or corporation who shall violate, neglect or fail to comply with any of the provisions of this chapter or who shall violate or fail to comply with any order made in regard thereto shall be guilty of an offense and, upon conviction, shall be subject to a fine of not more than $350 or imprisonment for not more than six months, or both such fine and imprisonment. In addition, such person, firm or corporation shall pay all expenses involved in the case. The provisions of this section shall be in addition to and shall not preclude enforcement by injunction or other lawful means. Each week such violation continues shall be considered a separate offense.
§ 175-80 Reimbursable costs.
The reasonable and necessary costs, fees or disbursements incurred by the Village of McGraw or its officials for consultation or review by professionals shall be reimbursed.