Milton City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 180-70 Enforcement official; right to inspect.
A.
The Zoning Enforcement Officer shall administer and enforce all provisions of this chapter, except where otherwise specifically provided herein. Whenever any permit is required, the same shall be applied for and shall be issued in the first instance from the Office of the Zoning Enforcement Officer in accordance with the requirements of this chapter and other applicable Town, county and state regulations governing building construction and the issuance of building permits.
B.
Except for residential uses, the Zoning Enforcement Officer shall have the right to enter upon, examine and inspect or cause to be entered, examined and inspected any building or property at any reasonable time for the purpose of carrying out his duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file by the Zoning Enforcement Officer.
§ 180-71 Powers and duties of the enforcement official.
In addition to all other authority conferred by law, the Zoning Enforcement Officer shall have the following powers and duties with respect to this chapter:
A.
Issuance of building permits.
(1)
Except as provided in § 180-17C of this chapter as pertains to portable and other minor accessory structures, no development shall be commenced and no building or structure shall be erected, altered, reconstructed or enlarged and no excavation for any building begun nor shall substantial alteration of or additions to facilities such as sewage disposal systems, electrical systems, water supply systems, including plumbing or drainage facilities and drinking water well creation be undertaken until the Zoning Enforcement Officer or Code Enforcement Official has issued a building permit stating that the proposed use and structure comply with all applicable provisions of this chapter.
(2)
All building permit applications shall be accompanied by three copies of a plot plan or an approved site plan, if applicable, drawn to scale and accurately dimensioned, showing the location of all existing and proposed structures on the lot and such other information as may be required by the Zoning Enforcement Officer to determine compliance with this chapter and other applicable regulations. One copy of such plan, when approved by the Zoning Enforcement Officer, shall be returned to the applicant upon payment of the required building permit fee. Said fee shall be in accordance with the fee schedule reviewed and established annually by the Town Board.
B.
Issuance of certificates of occupancy.
(1)
Except as provided in § 180-17C of this chapter, no use shall be established or land, use and structure occupied or otherwise used until the Zoning Enforcement Officer or Code Enforcement Official has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter.
(2)
More particularly, no building permit or certificate of occupancy shall be issued for any special use of a building or land requiring special permit or site plan approval by the Town Planning Board unless and until such special use permit or site plan approval has been granted by the Town Planning Board. Every certificate of occupancy for which special permit or site plan approval has been granted or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of any condition to which the same is subject and include, by attachment, a copy of such Board of Appeals or Town Planning Board decision.
C.
Issuance of notices of violation. Whenever, in the opinion of the Zoning Enforcement Officer, after proper examination and inspection, there appears to exist a violation of any provisions 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 or persons responsible for such alleged violation. Such notice shall inform the recipient of the nature and specific details of such alleged violation and the date of compliance by which the alleged violation must be remedied or removed, which date shall be not more than 20 days from the date of notice.
D.
Issuance of stop orders. Whenever the Zoning 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 applications made, permit granted or other approval issued hereunder or in an unsafe or dangerous manner, the Zoning Enforcement Officer shall promptly notify the appropriate person or persons 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 by the Zoning Enforcement Officer or Code Enforcement Official. Such order and notice shall be in writing and shall state the conditions under which the work or use may be resumed by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction or premises in use. In addition, a copy of the same shall be sent to the person or persons responsible by certified mail.
E.
Taking of emergency action. If, in the opinion of the Zoning 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 Zoning Enforcement Officer may direct such violation be immediately remedied or may take direct action on his own initiative to abate the hazard. Any costs incurred by such action shall be paid for by the owner, occupant or person responsible for the violation. The Zoning 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, after Town Board approval, against the person liable for such expenses, in order to recover said costs.
§ 180-72 Penalties for offenses.
A.
Civil penalty.
(1)
As provided by § 268 of the Town Law, 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 shall be considered an offense punishable by a fine as follows:
(a)
For a first offense, by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both.
(b)
For a second offense, both of which were committed within a period of five years, by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(c)
For a third or subsequent offense, all of which occurred within a period of five years, by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
(2)
However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
(3)
The owner, general agent or contractor of a building premises or part thereof where such violation has been committed or does exist and any agent, contractor, builder, architect, corporation or other person who commits or takes part 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 Zoning Enforcement Officer or Code Enforcement Official and shall be served by either certified mail or personal service.
B.
Court action. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting an appropriate legal action or proceedings in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion or maintenance of use or to restrain by injunction, correct or abate a violation or prevent the illegal occupancy of a building, land or premises.
C.
Citizen action. If the Zoning Enforcement Officer or Code Enforcement Official fails or refuses to act upon or refer a violation of this chapter to the Town Attorney for legal action in accordance with the provisions stated herein within a ten-day calendar period following written request by any taxpayer to so proceed or if the Town Attorney fails to promptly initiate a legal action or proceedings, then any three or more residents and/or property owners within the Town of Milton may institute appropriate legal action in a court of competent jurisdiction to compel compliance with or to restrain, by injunction, the violation of this chapter.
D.
Individual action. Nothing contained herein shall in any way restrict the right of an aggrieved individual to institute an appropriate legal action or proceedings on his/her own behalf for equitable relief or for damages alleged to have been suffered as a result of the violation of this chapter.
§ 180-73 Status of existing violations.
No building permit or certificate of occupancy required by this chapter shall be issued by the Zoning Enforcement Officer or Code Enforcement Official pertaining to any premises on which there exists a violation of this chapter or any related Town regulation which governs either building construction or the use of land and structures within the Town of Milton.