It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter.

Where the Zoning Officer, in the course of his duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party, in writing, to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the town and the violator's rights of appeal, all as provided for by this chapter.

On the serving of notice by the Zoning Officer to the owner of any violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.

The Zoning Officer shall recheck progress of issued permits after one year and in six-month intervals thereafter.

The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Town Board and other officials of the town and available for inspection by the public.

Monthly report. The Zoning Officer shall prepare a monthly report for the Town Board. Said report shall cite all actions taken by the Zoning Officer, including all referrals made by him, all permits and certificates issued and denied and all complaints of violations received and all violations found by him, and the action taken by him consequent thereon. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor, Planning Board and Board of Appeals at the same time it is transmitted to the Town Board.

The certificate and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit or special use permit shall be a prerequisite to the erection or alteration of a building, structure or use thereof, but only if the alteration increases the dimensions or changes the use thereof.

Zoning permits will be issued for a maximum of five years.

Application procedure.

Application details. Each application for a zoning permit or special use permit shall be made in triplicate and with accompanying site plan. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. As a minimum, the application shall include the following information and plans for both before and after conditions:

Application fees. Each application for a permit provided for by this section shall be accompanied by a fee, payable in cash or other form of security approved by the Town Attorney, in accordance with a fee schedule as periodically adopted by resolution of the Board.

Title. This section shall be known as "the Local Law to establish a Joint Zoning Board of Appeals between the Town of Mount Morris and the Village of Mount Morris, and which supersedes § 48-12 of the Town of Mount Morris Code, as well as various applicable provisions throughout the entirety of the Code."

Authority; intent and purpose; creation, appointment, and organization of Joint Zoning Board of Appeals.

Powers and duties of Board of Appeals. The Joint Zoning Board of Appeals shall have all the powers and duties prescribed by § 267-b of the Town Law and § 7-712-b of Village Law of the State of New York and by this chapter. These powers and duties are more particularly specified as follows:

Application procedure. The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board, and available from the Zoning Officer. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

Board of Appeals office. The office of the Town Clerk shall be the office of the Board of Appeals, and every rule, regulation, amendment, or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in said office within five business days as required by § 267-a of the Town Law of the State of New York.

Notice of Board hearings. The Board shall fix a reasonable time for the hearing of appeals and give public notice thereof by the publication in the official paper of a notice of such hearing at least five days prior to the date of the hearing. Notice shall be served upon the applicant and to the regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal at least five days prior to the date of the hearing. The Board shall also notify, in writing, all property owners directly adjacent to the property to be affected by said appeal.

Superseding intent and effect. This section shall supersede any inconsistent provisions of the Town Code, or all other local ordinances, laws, or resolutions of the Town of Mount Morris.

Severability. If any provision of this section is determined to be unconstitutional or invalid, the validity and enforceability of the remainder shall not be affected.

Repealer. All ordinances, local laws and parts thereof inconsistent with this section are hereby repealed.

When effective. This section shall take effect immediately upon its adoption and filing with the Secretary of State.

Enforcement. It shall be the duty of the Town Board or such officials authorized by it to enforce the provisions of this chapter or of any determination of the Board of Appeals and Town Clerk or Planning Board.

Penalties. The violation of any of 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 such chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. (For violations of Article IX, Adult Use and Entertainment, see § 48-51; for violations of Article XIII, Wind Energy Conversion Systems, see § 48-87.)

Each week's continued violation shall be considered a separate and distinct offense.

Unpaid fines after a six-month lapse will be placed on the property's town tax roles for collection.