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Sand Lake City Zoning Code

ARTICLE XV

Enforcement

§ 250-153 Complaint; investigation; notice of violation.

A. 
Whenever a violation of this chapter occurs, any person may file a complaint, in writing, with the Code Enforcement Officer, who shall properly record such complaint and thereafter make an investigation within 10 days.
B. 
If, in the opinion of the Code Enforcement Officer, after such investigation there appears to be a violation of this chapter, the Code Enforcement Officer shall, within 30 days of the date of such complaint, meet informally with the appropriate person or persons involved for the purpose of obtaining voluntary compliance with this chapter. At that meeting, the Code Enforcement Officer shall set a compliance date.
C. 
Where compliance with this chapter is not obtained in accordance with the procedure set above, in the opinion of the Code Enforcement Officer, within the time limits as set forth, the Code Enforcement Officer shall thereupon submit an appropriate report, in writing, of all proceedings to the Town Board at its next regularly scheduled meeting held after the date of compliance. A copy of such report shall also be given to the Zoning Board of Appeals, which shall be kept informed of all further proceedings.

§ 250-154 Certificate of compliance.

The Code Enforcement Officer shall, within 10 days of the compliance date or any extended compliance date, reinspect the alleged violation, and if, in his or her opinion, the violation has been remedied or removed and is in compliance with this chapter, he or she shall issue a certificate of compliance and report thereon to the Town Board and the Zoning Board of Appeals.

§ 250-155 Fines; penalties for offenses.

A. 
It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or premises, or portion thereof, in violation of any provision of the Town of Sand Lake Zoning Code, or to construct, alter or use and occupy any building, structure or premises in a manner not permitted by or inconsistent with a permit, approval or variance issued pursuant to the aforementioned, or fail to comply with a notice, directive or order of the Code Enforcement Officer or agents thereof.
B. 
Any person who owns, controls or manages any building, structure or premises, and who shall fail to comply with a written directive, including a stop-work order of the Code Enforcement Officer or an agent thereof within the time fixed for compliance, and any owner, builder, architect, contractor, subcontractor, construction superintendent or their agents, or any other person assisting in the construction or use of any building or structure, or in the land disturbance on or use of any premises, who knowingly violates any of the applicable provisions of the Town of Sand Lake Zoning Code, or any lawful order, notice, directive, permit, certificate, approval or variance issued hereunder, shall be punishable as follows:
(1) 
Criminal penalties.
(a) 
First offense. A violation of this chapter or of such local law, ordinance or regulation 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.
(b) 
Second offense. Conviction of a second offense, both of which were committed within a period of one year, is punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(c) 
Third and subsequent offense. Conviction for a third or subsequent offense, all of which were committed within a period of five years, is 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.
(d) 
Each week's continued violation shall constitute a separate additional violation.
(e) 
Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agent or manager may be considered to be the "person" for the purposes of this article.
(f) 
Such fines or penalties may be compromised or released by the Town Board as a part of any disposition.
(2) 
Civil penalties. Violators of this chapter shall be subject to a civil monetary penalty of $100 for each day or part of a day that the violation continues. The Code Enforcement Officer, the Town Attorney or the Zoning and Planning Boards' Counsel may bring the appropriate civil action to recover said penalty.
C. 
If a fine is imposed and is not paid within 30 days or such other time period established by the court, then following mailing of the notice described herein, the unpaid fines shall be assessed by the Town as a lien against the fine debtor's real property in the Town and added to the current tax roll by the Town as an unpaid charge attributable to the real property. Prior to assessing this lien for unpaid fines, the Town shall mail a notice to the fine debtor at his/her last known address by regular first-class mail stating that unless the fines are paid within 15 days of the notice date, they will be assessed and collected as an unpaid charge attributable to the real property.

§ 250-156 Alternative or additional remedy.

A. 
In the case of any violation or threatened violation of any provisions hereof, or the terms and conditions imposed by any permit, approval, variance or order issued pursuant to the provisions hereof, in addition to other penalties and remedies herein provided, the Town may institute any appropriate action or proceedings against the owner of the premises and/or any other responsible person to prevent such unlawful erection, structural alteration, reconstruction, occupancy, moving and/or use, to restrain, correct or abate such violation, to prevent or restrain the occupancy of such building, structure or land, to compel compliance with the provisions hereof and any permit, approval, variance, order or directive issued pursuant to it, and to prevent, restrain, correct or abate any illegal act, conduct, business or use in or about such premises.
B. 
The alternative or additional remedy specified herein may be taken in addition to a proceeding for civil or criminal penalties. The Town Board may negotiate appropriate remediation and restoration measures by entering into an enforceable settlement agreement or consent order with any violator and/or owner, which may include payment by the violator and/or owner of a monetary penalty which may include exemplary or punitive damages, plus recovery of actual costs incurred by the Town in connection with the enforcement proceeding, including actual attorneys' fees, disbursements and, in appropriate cases, reimbursements for the actual costs to be incurred in rectifying any circumstance or condition necessary to restore the premises into compliance, all and any of which may, if not voluntarily paid by the violator and/or owner, constitute the basis of a lien charge attachable to the premises as a special assessment or charge assessable and collectable on the tax bill associated with the subject premises.

§ 250-157 Stop-work order.

A. 
The Town Board for the Town of Sand Lake hereby grants the Code Enforcement Officer plenary administrative responsibility to immediately suspend any continuing violations of this chapter by posting a stop-work order on the premises wherein the violation has occurred.
B. 
Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building, structure or development of any premises is being undertaken or continued in violation of the provisions of this chapter or the provisions hereof, or other ordinances, rules or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a permit was issued, or not in conformity with the terms or conditions of a permit, approval or variance, he or she shall notify the owner of the property, or the owner's agent, to suspend all work, and such persons shall forthwith stop such work and suspend all building and development activities until the stop order has been rescinded or superseded by a court order.
C. 
Obtaining relief or release from a stop-work order may be obtained in the proper circumstances as follows:
(1) 
If all provisions hereof, together with all other reasonable conditions specified by the Code Enforcement Officer or agent, are satisfied, an authorization of release or lifting of a stop-work order may occur.
(2) 
In cases where a variance is sought to address some or all conditions which are the subject of the stop-work order, the Code Enforcement Officer shall conform or terminate the stop-work order in accordance with the requirements mandated by the Zoning Board of Appeals upon issuance of the variance. Only those conditions of the stop-work order which are addressed by the variance may be lifted.
(3) 
In cases where site plan review or special use permit approval is sought to address some or all conditions which are the subject of the stop-work order, the Code Enforcement Officer shall conform or terminate the stop-work order in accordance with the requirements mandated by the Planning Board upon issuance of the site plan review approval. Only those conditions of the stop-work order which are addressed by the site plan review approval may be lifted.

§ 250-158 Suspension of administrative review.

A. 
Processing and review of any application pursuant to the provisions hereof may be suspended and the application deemed incomplete with written notice to the applicant under the following circumstances:
(1) 
A stop-work order has been issued by the Code Enforcement Officer or agent, related to the activity for which the permit is sought;
(2) 
Other written notice of an alleged violation has been delivered to the property owner or applicant related to the activity for which the permit is sought; or
(3) 
A criminal or civil criminal action commenced against the property owner, applicant or other responsible person for alleged violations of law related to the activity for which the permit is sought or for alleged violation of the provisions hereof related to the site.
B. 
Such suspension of application processing may remain in effect pending final resolution of any enforcement action by an order of court or by a negotiated settlement of the pending violations between the responsible parties and the Town Board. In any appropriate case, the Code Enforcement Officer or agent, Planning Board or Zoning Board of Appeals, in their respective roles as reviewing authorities, may suspend review of an application.

§ 250-159 Misrepresentation.

Any permit, variance or approval granted under the provisions hereof which is based upon or is granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to diminish the penalties and remedies available to the Town under any enforcement provisions hereof.