Saugerties City Zoning Code
ARTICLE XII
Enforcement
§ 245-49 Violations.
A.
Enforcement officer. This chapter shall be enforced by the Building Inspector, who shall be appointed by the Town Board. No building permit or certificate of occupancy shall be issued by the Building Inspector for any purpose except in compliance with the provisions of this chapter.
B.
Inspection and notice of violation.
(1)
The Building Inspector or a code enforcement officer, upon the showing of proper credentials and in the discharge of his or her duties, is authorized to enter, inspect and examine any building, structure, place, premises or use in the Town of Saugerties at any reasonable hour with regard to the provisions of this chapter and to issue a written order for the proper remedying or compliance, within a reasonable period of time, of any condition found to be in violation thereof. In case of refusal of entry, the Building Inspector may obtain an administrative warrant from a court of competent jurisdiction.
(2)
The police, the Fire Department Inspector and the Health Department Inspector shall, at the request of the Building Inspector or on their own initiative, upon the showing of proper credentials, examine or investigate any building, structure, use or premises at any reasonable hour with regard to any provision of this chapter and shall issue reports and recommendations to the Building Inspector regarding any violation thereof. In the case of refusal of entry, a warrant may be obtained from a court of competent jurisdiction.
C.
Legal action by enforcement officer.
(1)
If an unlawful condition or use is found by way of a complaint, first-hand observation, or reporting requirements not to have been properly remedied or made to comply with the provisions of this chapter by the expiration of the reasonable time period granted by the Building Inspector, then the Building Inspector is empowered to immediately institute any appropriate action, charge or proceedings in the proper legal court for the prevention, cessation or discontinuance of any condition, use, occupancy or act in, on, of or around any building, structure or tract of land and for the prosecution of any owner, occupant or offender. The Building Inspector's administrative actions include: incident recording, revocation or suspension of building permits or certificates of occupancy, deny or withhold permits on pending applications, stop-work orders and cease and desist orders.
(2)
Any person or corporation, whether as owner, lessee, agent or employee, who shall violate any of the provisions of this chapter or who fails to comply with any order or regulation made hereunder or who erects, alters, moves or uses any building or uses any land in violation of any detailed statement of plans submitted and approved under the provisions of this chapter, shall be guilty of a violation.
(3)
Any such person or corporation, whether as owner, lessee, agent or employee, who shall violate, disobey, omit, neglect or refuse to act in compliance with any order or regulation, shall be deemed guilty of a separate offense for each day of such violation. 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 purpose of this article. The Building Inspector shall have the authority to issue a citation to property owners who are in violation of this chapter.
§ 245-50 Fines and imprisonment. [1]
A violation 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 this chapter 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.
§ 245-51 Restraint and reparation.
A.
In the event any building or structure is erected, constructed, reconstructed, altered, dismantled, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks or sites in violation or in threat of violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, or conditions imposed by a building permit, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, occupancy, moving, use or division of land; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure, or land; or to prevent any illegal act, conduct, business or use in or about such lot.
B.
Additional penalties: In addition to any other remedies or penalties that may be imposed, a violation of this article shall entitle the Town Board to remedy or repair the conditions constituting the violation, at the premises owner's expense, in order to bring the premises into conformity and compliance with this chapter. The disbursements and expenses shall become a charge and a lien upon the premises, and the same shall be added to the premises' next annual Town tax bill, to be collected in accordance with the provisions of law and the procedure for the payment of Town taxes, with interest, as may be provided by law. This provision shall be in addition to any other provisions, penalties or powers available to the Town for enforcement of this chapter.
§ 245-52 Stop-work order.
A.
The Town Board hereby grants the Building Inspector the administrative responsibility of immediately terminating any actions violating this article by posting a stop-work order on the premises wherein the alleged violation has occurred.
B.
The stop-work order shall serve notice to the owner, builder, developer, agent and/or any other individual or business on the premises that all actions specified on the stop-work order must be terminated immediately.
§ 245-53 Misrepresentation.
Any permit or approval granted under this chapter that 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 affect the remedies available to the Town under this chapter.
§ 245-54 Complaints of violations.
Whenever a violation of this chapter is alleged to have occurred, any person may file a complaint in regard thereto. All such complaints shall be filed with the Building Inspector, who may direct that such complaint be properly investigated and a report thereon be made to the Town Board. If the Building Inspector fails or refuses to proceed with any action in accordance with § 245-49C within a thirty-day period following written request by any taxpayer so as to proceed, then any three or more taxpayers of the Town of Saugerties residing or owning property in the district wherein such condition or use in violation of this chapter exists or in an adjacent district, and who are jointly or severally aggrieved by such violation, may institute an appeal to the Zoning Board of Appeals.