Oneonta City Zoning Code
ARTICLE IX
Administration and Enforcement.
§ 300-84 Enforcement Officer.
A.
City Code Enforcement Officer. This chapter shall be enforced by the City Code Enforcement Officer, who shall be assisted by such officers and employees as may be determined by the Common Council.
B.
Rules, procedures and forms. The City Code Enforcement Officer shall have the authority to make, adopt and promulgate such written rules, procedures and forms as he or she may deem necessary for the purpose of proper enforcement and administration of this chapter and to secure the intent thereof. Such rules, procedures and forms shall not be in conflict with the provisions of this chapter or any other ordinance or local law of the City of Oneonta, nor shall they have the effect of waiving any provisions of this chapter or any other provisions of the Code of the City of Oneonta. Such rules, procedures and forms shall have the same force and effect as the provisions of this chapter and subject to the same penalties for violation thereof. Such rules, procedures and forms shall be submitted to the Common Council by the City Code Enforcement Officer, which shall move to approve, reject or modify such rules, procedures or forms within 60 days after submission. Failure to so move shall be construed to constitute approval thereof. Said rules, procedures and forms, as approved by the Common Council, shall be on file and available for public inspection.
C.
Entry and inspection. The City Code Enforcement Officer shall have the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any building or property for the purpose of carrying out his duties, and to determine compliance by request, with the provisions of this chapter. The City Code Enforcement Officer shall give reasonable written notice to the owner(s) of his intent to examine or inspect any building or property and shall enter only with permission of the owner. If such permission is denied, the City Code Enforcement Officer shall contact the City Attorney to pursue appropriate legal action necessary to gain entry for the purposes of examination and inspection of the building or property in question.
D.
Referral to Planning Commission, Common Council and Zoning Board of Appeals. The City Code Enforcement Officer shall instruct any applicant of the appropriate City agency to whom application should be presented prior to issuance of a building permit, as specified by the procedures set forth in this chapter.
§ 300-85 Notice of violation; extension; hearing.
Whenever in the opinion of the City Code Enforcement Officer, after proper examination and inspection, there appears to exist a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, he or she shall serve a written notice of violation upon the owner or occupant of the premises.
A.
Notice of violation. Such notice of violation shall inform the recipient of:
(1)
The nature and details of such violation.
(2)
Recommended remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(3)
The date of compliance by which the violation must be remedied or removed.
(4)
The right to a hearing before the City Code Enforcement Officer in accordance with Subsection C of this section.
B.
Extension. The City Code Enforcement Officer may extend the date of compliance in a notice of violation after written application, if in his opinion there is reasonable evidence of intent to comply and that reasonable conditions exist which prevent compliance by the specified date.
C.
Request for hearing. Any person served with a notice of violation in accordance with Subsection A and who denies the violation or is allegedly aggrieved by the required action necessary for compliance may, within 10 days after service of notice, make a request, in writing, for a hearing before the City Code Enforcement Officer stating the reasons why such a hearing is requested.
D.
Abeyance. Compliance with a notice of violation shall not be required while a hearing is pending.
E.
Hearing. The City Code Enforcement Officer shall acknowledge receipt, in writing, and set a time and place for such hearing, not later than 30 days after the date the request was received. Hearings may be postponed beyond 30 days by the City Code Enforcement Officer for just cause, and notice of postponement shall be served. The person requesting the hearing shall be required to show cause or give evidence why he or she should not be required to remedy the violation or why he or she is unable to comply with the remedial action outlined in the notice of violation.
F.
Findings. After consideration of all testimony given at the hearing held in accordance with Subsection E of this section, the City Code Enforcement Officer shall sustain, withdraw or modify the notice of violation as originally served. If such notice is sustained or modified, the City Engineer shall set a new compliance date by which the violation shall be remedied or removed in accordance with the original notice of violation or modified remedial action specified at the hearing.
G.
Certificate of zoning compliance. On reinspection following the expiration of the date of compliance as specified in the notice of violation, if the violation has been remedied or removed in accordance with the specified remedial action and there is no longer a violation of any provision of this chapter, then a certificate of zoning compliance shall be issued by the City Code Enforcement Officer.
H.
Legal action by the City for noncompliance. On reinspection following the expiration of the date of compliance, as specified in the notice of violation or as extended in accordance with Subsection B of this section, if the remedial action specified has not been carried out and there is still in existence, in the opinion of the City Code Enforcement Officer, a violation of provisions of this chapter, then the City Code Enforcement Officer shall immediately refer the matter to the City Attorney who shall thereupon institute appropriate legal action to restrain, prevent, enjoin, abate, remedy or remove such violation and to take whatever other legal action is necessary to compel compliance with this chapter.
I.
Failure to apply for building permit or certificate of occupancy. See Chapter 86, Building Construction, Article III, Building Permits, and Article IV, Certificates of Occupancy and Certificates of Compliance, of the City Municipal Code.
§ 300-86 Building permits.
See Chapter 86, Building Construction, Article III, Building Permits, of the City Municipal Code.
§ 300-87 Certificate of occupancy.
See Chapter 86, Building Construction, Article IV, Certificates of Occupancy and Certificates of Compliance, of the City Municipal Code.
§ 300-88 Zoning Board of Appeals.
A.
Creation, appointment and organization.
(1)
A Zoning Board of Appeals is hereby established in accordance with the provisions of the General City Law applicable thereto.
(2)
The Zoning Board of Appeals shall consist of seven members, appointed by the Mayor, for a term of three years in staggered three-year terms. Appointments to fill a vacancy of an unexpired term of any member shall be filled for such unexpired term only.
(a)
The Zoning Board of Appeals shall choose its own Chairman and, in his absence, an Acting Chairman. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board shall determine.
(b)
Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.
(c)
All meetings of such Zoning Board of Appeals shall be open to the public. Such Board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact.
(d)
The concurring vote of four members of said Board shall be necessary to decide in favor of the applicant any matter upon which said Board is required to pass under the provisions of this chapter.
(e)
All decisions made by the Zoning Board of Appeals shall apply to and remain with the deed of the property in question, regardless of any change of use or ownership.
(3)
The Zoning Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as may be provided for in § 81 of the General City Law for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with, or have the effect of waiving, any provisions of this chapter or any other provisions of the Code of the City of Oneonta. Such rules, bylaws and forms, and any subsequent amendments or supplements thereto, shall be submitted to the Council by the Zoning Board of Appeals for approval and filing for public inspection. The Common Council shall move to approve, reject or modify such rules, bylaws and forms within 60 days after submission. Failure of the Common Council to so move shall be construed to constitute approval thereof.
(4)
The Zoning Board of Appeals shall have the duties, rights, powers and functions conferred upon it by § 81 of the General Municipal Law and any other provisions of law applicable thereto, including the following provisions.
B.
Procedure.
(1)
Appeals, how taken.
(a)
Appeals to the Zoning Board of Appeals may be taken by any person aggrieved, or by an officer, department, board or bureau of the City. Appeals must be submitted to the City at least three weeks prior to the hearing date.
(b)
Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing with the officer from which appeal is taken and with the Zoning Board of Appeals of a notice of appeal specifying the grounds thereof.
(c)
The officer from whom the appeal is taken shall forthwith transmit to said Board all the papers constituting the record upon which the action appealed from was taken.
(2)
The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by said Board. Every appeal or application shall refer to the specific provision of this 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. Each application for an interpretation, area or use variance, or special extension, shall be accompanied by a proposed site plan at an appropriate scale showing, as necessary, the size and placement of the lot, surrounding land use, design and location of proposed buildings, driveways, parking area, landscaping and screening, proposed drainage and utility systems, and existing and proposed contours of the land.
(3)
Each original application to the Zoning Board of Appeals for an interpretation, variance or special extension shall be accompanied by a fee which shall be established by resolution from time to time by the Common Council of the City of Oneonta.
(4)
Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the finding of the Board in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed in the office of the City Clerk by case number under one of the following headings: interpretations, variances or special extensions.
(5)
Prior to making a final decision on variance, interpretation or special extension, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing at least 10 days prior to the date thereof. The Board shall also, at least 10 days prior to the hearing, mail notices of the hearing to the applicant and his attorney or agent.
(a)
The Zoning Board of Appeals shall also, insofar as practicable, mail notices of the hearing of an appeal to all property owners as appear on the latest real property tax roll of the City within a two-hundred-foot radius, regardless of whether or not the owner resides thereon, unless the Zoning Board of Appeals has definite knowledge of other addresses of absentee owners. Notice of the hearing shall also be sent to the Common Council member of the zoning district within which the property described in the application is located. Compliance with this subsection shall not be a condition precedent to proper legal notice, and no hearing or action taken thereon shall be deemed invalid or illegal because of any failure to mail the notices provided for in this section.
(b)
The Zoning Board of Appeals shall reach a decision within 60 days after the final hearing. Upon the hearing, any party may appear in person or by agent or attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made on the premises and to that end shall have all powers of the officer from whom the appeal is taken.
(6)
The Zoning Board of Appeals shall notify the Common Council, City Code Enforcement Officer and City of Oneonta Planning Commission of each special extension, interpretation and each variance granted under the provisions of this chapter.
C.
Powers and duties. The Zoning Board of Appeals shall exercise all the powers and duties in a manner now and hereafter prescribed by law, including the following:
(1)
Interpretation. On direct appeal from a determination of the City Code Enforcement Officer, the Zoning Board of Appeals may hear and decide questions where it is alleged there is an error in any order, requirement, decision or determination made by the City Engineer involving the interpretation of the zoning ordinance.
(2)
Use variance. On direct appeal from a determination of the City Code Enforcement Officer may grant a variance where the property owner can show that his property meets the criteria for a use variance established by the State of New York.
(3)
Special extension. On direct application, supplementing an application to the City Engineer for a building permit or certificate of occupancy, the Zoning Board of Appeals may grant a special extension for the expansion or extension of a nonconforming use. Such application for special extension shall follow procedures for the granting of a use variance.
(4)
Area variance. In cases where relief is sought by area variance, the Zoning Board of Appeals may grant such area variance as defined by New York State Law.
§ 300-89 Penalties for offenses.
Any owner, tenant, or occupant of any building or land who commits, participates in, assists, directs, creates or maintains any situation that is in violation of the terms and provisions of this chapter may be issued a citation by the Code Enforcement Officer.
A.
Penalties.
(1)
Whenever a ticket or summons of such violation of this chapter has been served, each day the offender continues such a violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
(2)
Additional tickets will not be issued if:
(a)
The violation is actively being cured pursuant to a written plan, including a clear time frame and deadline, accepted by the Code Enforcement Officer. Failure to actively cure the violation as specified in the plan shall reactivate the enforcement process at the point where discontinued; or
(b)
A complete application has been submitted to the applicable board or commission to bring the violation into conformance until after the board or commission renders a decision.
B.
Remedies. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises. Other administrative remedies may include:
(1)
Cease and desist orders. The City Code Enforcement Officer shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or to any person using the land, building, or premises where such violation has been committed or shall exist.
(2)
Permit issuance. No building permit or special use permit shall be issued by the City for any purpose except in compliance with the provisions of this chapter and other applicable chapters and laws.
(3)
Permit revocation. The Code Enforcement Officer may revoke a building permit or special use permit in those cases where determination has been duly made that false statements or misrepresentations existed as to material fact in the application or plans upon which the permit or certificate was based.
(4)
Permit suspension. The Code Enforcement Officer may suspend a building permit or special use permit in those cases where determination has been duly made that an error or omission on either the part of the permit, applicant or government agency existed in the issuance of the permit or certificate approval. A new permit or certificate may be issued in place of the suspended permit or certificate after correction of the error or omission.
(5)
Notice and appeal. All City decisions concerning the issuance, revocation, or suspension of a building or special use permit, as well as decisions pertaining to administrative interpretations of this chapter, shall be stated in official written notice to the permit applicant. Any decision may be appealed to the Zoning Board of Appeals.
§ 300-90 Amendments.
A.
Authority. Pursuant to § 83 of the General City Law and other applicable provisions of law, the Common Council may from time to time on its own motion or on petition, after public notice and hearing, amend, supplement, repeal or change the regulations and districts established under this chapter.
B.
Referral to Planning Commission. Every proposed amendment or change initiated by the Common Council or by petition shall be referred to the City of Oneonta Planning Commission for report thereon before the public hearing required by law. In recommending the adoption of any such proposed amendment, the Planning Commission may state its reasons for such recommendation, describing any conditions that it believes make the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan for the City, and be in furtherance of the purposes set forth in § 300-2 of this chapter. In recommending the rejection or revision of any proposed amendment or change, the Planning Commission may similarly state its reasons. Failure on the part of the Commission to report its recommendations with respect to any proposed amendment or change to the Common Council within 45 days after the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated.
C.
Referral to County Planning Department. The City Clerk shall promptly transmit to the Otsego County Planning Department any matters required to be referred pursuant to the provisions of §§ 239-l and 239-m of the General Municipal Law.
§ 300-91 Expiration of variances.
A.
When an area variance is granted by the Zoning Board of Appeals which enables an applicant to do construction which requires a building permit, or a use variance is granted by the Zoning Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted, and the applicant has not obtained a building permit to construct the building or part thereof for which the variance has been granted and initiated the construction work within five years from the date of the granting of the variance, said variance shall become void.
B.
When an area variance is granted by the Zoning Board of Appeals which enables an applicant to do construction which requires a building permit, or a use variance is granted by the Zoning Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted and a building permit to construct the building or part thereof for which the variance has been granted has been obtained, and the construction has not been substantially completed prior to the expiration of the building permit, said variance shall become void.