Shandaken City Zoning Code
ARTICLE X
Administration and Enforcement
§ 116-63 General.
A.
The Town Zoning Enforcement Officer shall administer and strictly enforce all provisions of this chapter in accordance with the requirements of this chapter and other applicable town, county and state regulations. The Building Inspector shall, in coordination with the Zoning Enforcement Officer, administer and issue building permits in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code[1] and the more particular requirements stated by this chapter.
B.
Except for owner-occupied single-family premises which house neither an accessory apartment nor a Class 2 accessory home occupation, the Zoning Enforcement Officer shall have the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any building or property at any reasonable time for the purpose of carrying out his duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file by the Zoning Enforcement Officer.
§ 116-64 Powers and duties of Zoning Enforcement Officer and Building Inspector.
In addition to all other authority conferred by law, the Zoning Enforcement Officer and the Building Inspector shall have the following powers and duties with respect to this chapter:
A.
Issuance of building permits.
(1)
Except as provided in § 116-16C as pertains to portable and other minor accessory structures, no building or structure shall be erected, altered, reconstructed or enlarged and no excavation for any building begun, nor shall substantial alteration of or additions to facilities such as sewage disposal systems, electrical systems, water supply systems, including plumbing or drainage facilities, be undertaken, until the Zoning Enforcement Officer has issued a certificate stating that the proposed use complies with all applicable provisions of this chapter and the Building Inspector has issued a building permit stating that the proposed structure or modification of an existing structure complies with all applicable provisions of the New York State Uniform Fire Prevention and Building Code.[1]
(2)
All building permit applications shall be accompanied by two copies of a plot plan or an approved site plan, if applicable, drawn to scale and accurately dimensioned, showing the location of all existing and proposed structures on the lot and such other information as may be required by the Building Inspector and/or Zoning Enforcement Officer to determine compliance with this chapter and other applicable regulations. One copy of such plan, when approved by the Building Inspector, shall be returned to the applicant upon payment of the required building permit fee. Said fee shall be in accordance with the fee schedule reviewed and established annually by the Town Board.
B.
Issuance of certificates of occupancy or use.
(1)
Except as provided in § 116-16C, no use shall be established or land or structure occupied or otherwise used until the Zoning Enforcement Officer has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter.
(2)
More particularly, no certificate of occupancy shall be issued for any special use of a building or land requiring special use permit or site plan approval by the Planning Board unless and until such special use permit or site plan approval has been granted by the Planning Board. Every certificate of occupancy for which special use permit or site plan approval has been granted or in connection with which a variance has been granted by the Zoning Board of Appeals shall contain a detailed statement of any condition to which the same is subject and include, by attachment, a copy of such Board of Appeals or Planning Board decision.
C.
Issuance of notices of violation.
[Amended 5-12-1993 by L.L. No. 3-1993]
(1)
Whenever in the opinion of the Zoning Enforcement Officer, or the Building Inspector in the case of building construction, there appears, after proper examination and inspection, to exist a violation of this chapter or of any rule or regulation adopted pursuant thereto or any condition that was made part of any permit or use, he shall, on his own initiative, serve or cause to be served a written notice upon the appropriate person or persons responsible for such alleged violation. Such notice shall inform the recipient of the nature and specific details of such alleged violation and the date of compliance by which the alleged violation must be remedied or removed, which date shall not be more than three days from the date of notice.
(2)
If, in the opinion of the Zoning Enforcement Officer or the Building Inspector, any alleged violation has not been removed or remedied by the date of compliance, he shall serve or cause to be served an appearance ticket, returnable to the Town of Shandaken Court, for imposition of penalties and fines as provided in § 116-65 of this chapter.
D.
Issuance of stop orders. Whenever the Zoning Enforcement Officer, in the case of the use of any building or land, or the Building Inspector, in the case of work on any building or structure, has reasonable grounds to believe that such activity is occurring either in violation of the provisions of this chapter, not in conformity with any application made, permit granted or other approval issued hereunder or in an unsafe or dangerous manner, the Zoning Enforcement Officer or the Building Inspector, as applicable to the particular action being undertaken, shall promptly notify the appropriate person or persons responsible to suspend work on any such building or structure or the use of any such land. Such persons shall forthwith suspend such activity until such time as the stop order has been rescinded by the issuing party. Such order and notice shall be in writing, shall state the conditions under which the work or use may be resumed and shall be served by delivering it personally to such person or by posting the same upon a conspicuous portion of the building under construction or premises in use. In addition, a copy of the same shall be sent to the person or persons responsible by certified mail.
E.
Taking of emergency action. If, in the opinion of the Zoning Enforcement Officer or the Building Inspector, as applicable in the case of building construction, 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 Enforcement Officer or Building Inspector, as applicable, may direct such violation to be immediately remedied or may take direct action on his own initiative to abate the hazard. Any costs incurred by such action shall be paid for by the owner, occupant or person responsible for the violation. The Zoning Enforcement Officer or Building Inspector, as applicable, shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken, and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses, in order to recover the said costs.
§ 116-65 Penalties for offenses.
A.
As provided by Town Law, a violation of any provision or requirement of this chapter or a violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $250 and/or imprisonment for not more than six months for each offense. The owner, general agent or contractor of a building premises or part thereof where such violation has been committed or does exist, and any agent, contractor, builder, architect, corporation or other person who commits, takes part or assists in such violation, shall be liable for such an offense. All such penalties shall be collectible by and in the name of the town. Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be given in writing and shall be served by either certified mail or personal service.
B.
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting an appropriate legal action or proceedings in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain by injunction, correct or abate a violation or prevent the illegal occupancy of a building, land or premises.
C.
Citizen action. If the Zoning Enforcement Officer fails or refuses to act upon or refer a violation of this chapter to the Town Attorney for legal action in accordance with the provisions stated herein within a ten-day calendar period following written request by any taxpayer to so proceed, or if the Town Attorney fails to promptly initiate a legal action or proceedings, then any three or more residents and/or property owners within the Town of Shandaken may institute appropriate legal action in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
D.
Individual action. Nothing contained herein shall in any way restrict the right of an aggrieved individual to institute an appropriate legal action or proceedings on his own behalf for equitable relief or for damages alleged to have been suffered as a result of the violation of this chapter.
§ 116-66 Existing violations.
No building permit or certificate of occupancy or use required by this chapter shall be issued by the Building Inspector or Zoning Enforcement Officer, respectively, pertaining to any premises on which there exists a violation of this chapter or any related town regulation which governs either building construction or the use of land and structures within the Town of Shandaken.