In accordance with the powers delegated to the Town Board of the Town of Poughkeepsie by § 268 of the Town Law, the Town Board of the Town of Poughkeepsie does hereby appoint the Zoning Administrator of the Town of Poughkeepsie as the enforcement officer of the Town of Poughkeepsie Zoning Law and does hereby authorize, direct, delegate and empower said Zoning Administrator and his or her deputies, as the Zoning Administrator shall delegate, to enforce all provisions of said Zoning Law, except for those powers reserved for the Building Inspector and the Town Board as provided herein consistent with the statutory authority of § 268 of the Town Law.

No building permit or certificate of occupancy shall be issued by the Building Inspector or duly authorized deputies and no permit or license for any purpose shall be issued by any official of the Town if the same would be in conflict with the provisions of this chapter.

In the case of an irregular lot, the determination as to what constitutes a side or rear yard shall be made by the Zoning Administrator.

Except as otherwise provided, it shall be the duty of the Zoning Administrator to enforce the provisions of this chapter and of all rules, site plans, special use permits, conditions and requirements adopted or specified pursuant thereto by the Zoning Board of Appeals and the Planning Board.

The Zoning Administrator or a duly authorized deputy shall have the right to enter upon any land at any reasonable hour in the course of his or her duties.

The Zoning Administrator shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint. These records shall be public records.

Application for and issuance of building permits shall be as set forth in Chapter 68 of the Town Code. In the event of a conflict between the provisions of this chapter and Chapter 68, the stricter requirements shall control.

No building permit shall be issued if such permit would be in conflict with the provisions of this chapter.

No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board until such approval has been received and unless the plans are in conformity with the plans approved by said Board.

No building permit shall be issued for a building to be used for any use in any district where such use is allowed by special use permit by the Zoning Board of Appeals unless and until such special use permit has been duly issued by said Board.

No building permit shall be issued if an area variance or use variance is required based upon the submitted plan and unless such variance(s) has been granted.

If a project has received site plan and/or subdivision approval, any amendments to the plans and specifications previously reviewed as part of site plan or subdivision application which accompany a building permit application must be approved by the Planning Board before a building permit is issued.

A building permit is required for change of use and/or occupancy of any building.

A violation of this chapter or regulation is hereby declared to be an offense punishable by a fine not exceeding $1,000 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 $1,000 nor more than $1,500 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 $1,500 nor more than $5,000 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 this chapter or regulations 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.

Taking of emergency action. If, in the opinion of the Zoning Administrator, 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 Administrator may direct such violation immediately remedied or may take such action on her or his own initiative to abate the hazard. Any costs incurred by such action shall be paid by the owner, occupant or person responsible for the violation. The Zoning Administrator shall keep on file an affidavit stating with fairness and accuracy the items of expense, including actual time expended by Town personnel on such enforcement, and date of execution of action taken and is furthermore authorized to institute a civil suit, if necessary, against the person liable for such expense in a court of competent jurisdiction to recover said costs.

In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Town Board.