Porter Town City Zoning Code
ARTICLE X
Enforcement
§ 200-116 Compliance required.
The commencement or continuation of any activity regulated by this chapter that is not in compliance with the express provisions of this chapter, or that is not in compliance with the express provisions of any permit or approval, including any attached findings or conditions, shall be a violation of this chapter, and subject to enforcement under the terms of this article and New York Law.
§ 200-117 Enforcement responsibility.
A.
The responsibility for the enforcement of this chapter is delegated to the Zoning/Code Enforcement Officer.
B.
Whenever a violation of this chapter occurs, any person may file a complaint. All such complaints must be filed with the Zoning/Code Enforcement Officer, who shall properly record such complaint, immediately investigate to determine the validity of the charge, and take whatever action is necessary to assure compliance with this Zoning Law.
§ 200-118 Penalties for offenses.
A.
A violation of this chapter is hereby declared to be an offense punishable by:
(1)
A fine not to exceed $350 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense.
(2)
For a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(3)
Upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a line of not less than $700 not more than $1,000 or imprisonment for a period not to exceed six months, or both.
B.
Each week's continued violation shall constitute a separate additional violation.
C.
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.
[Added 11-12-2013 by L.L. No. 2-2013]
§ 200-119 Accumulated fines.
Accumulated fines or penalties shall not continue to accrue if one of the following occurs:
A.
The violation is actively being cured pursuant to a plan, including a clear time frame and deadline, accepted by the Zoning/Code Enforcement Officer. Failure to actively cure the violation shall reactivate the enforcement process.
B.
Request by the offender for a hearing.
C.
Complete application to the applicable board to bring the violation into conformance.
§ 200-120 Remedies and enforcement powers.
On behalf of the Town, the Zoning/Code Enforcement Officer may take any one or more of the following actions as a remedy for any violation of this Zoning Law:
A.
Issuing and serving on the violator a notice of violation and order to remedy.
B.
Withholding any approval or permits required by this chapter or order other officials to withhold such approval or permits;
C.
Bringing an action for injunction or mandamus to abate a violation;
D.
Bringing an action for an injunction (or, in appropriate cases, for mandamus) to prevent the violation and/or to prevent the occupancy or use of any site or structure involved in the violation;
E.
Pursuing prosecution of the violation.