Stillwater Town City Zoning Code
ARTICLE XX
Administration and Enforcement
§ 210-149 General procedures.
A.
Rules, regulations and forms. The Department of Building, Planning, and Development may promulgate forms as it deems necessary for the proper administration of this chapter. Such forms shall not be in conflict with the provisions of this chapter or any other local law or ordinance of the Town of Stillwater, nor shall they have the effect of waiving any provisions of this chapter or ordinance of the Town of Stillwater.
§ 210-150 Code Enforcement Officer.
The Code Enforcement Officer(s) shall have the power and duty to administer and enforce the provisions of this chapter. An appeal from an action, omission, decision or rule by the Code Enforcement Officer(s) regarding a requirement of this chapter may be made only to the Zoning Board of Appeals within 60 days of such decision or action. The Enforcement Officer shall have the power and authority to make such inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.
§ 210-151 Building permits.
A.
Notwithstanding any other inconsistent provision contained in this chapter and in addition to any and all provisions contained in this chapter or in other applicable laws, it shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any land area, building or structure or portion thereof in violation of this chapter or applicable building laws and regulations.
B.
The Code Enforcement Officer(s) shall review the building permit applications for purposes of local, state, and federal regulation compliance and shall issue permits by indicating review and compliance or noncompliance thereon.
C.
Building permits shall expire after one year. Building permits may be renewed at the request of the applicant.
§ 210-152 Operating permits.
A.
No new use of a building, structure, or property shall be undertaken, nor shall the use of a building, structure, or property be changed, until an operating permit therefor has been issued by the Code Enforcement Officer. Chapter 81, Uniform Construction Codes (§ 81-12), provides guidance on operating permits and other activities regulated in this manner.
§ 210-153 Site inspections.
A.
The filing of an application to the Department of Building, Planning, and Development shall be deemed a granting of approval by the owner to members of the Planning Board, the Zoning Board of Appeals and the Code Enforcement Officer(s), and to such persons as they may designate, to conduct such site inspections, examinations, tests and other inspections of the sites which are the subjects of such applications as the body or officer having jurisdiction deems necessary and appropriate for the purposes of this chapter.
B.
Right to inspect. The Code Enforcement Officer(s) shall have the right to enter upon, examine and inspect, or cause to be entered upon, examined, and inspected, any building or property for the purpose of carrying out the provisions of this chapter. The Code Enforcement Officer(s) shall give reasonable written notice to the owner of his intent to examine or inspect any building or property and shall enter only with permission of the owner. If such permission is denied, the Code Enforcement Officer(s) shall refer the matter to the Town Attorney for appropriate legal action to gain entry for the purposes of examination and inspection of the building or property in question.
§ 210-154 Certificates of occupancy.
No building, structure, pool, or sign shall be occupied or used until a certificate of occupancy therefor has been issued by the Code Enforcement Officer(s).
§ 210-155 Violations; penalties for offenses.
A.
Orders to remedy/notice of violation.
(1)
The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, the Code of the Town of Stillwater, or this chapter.
(2)
A notice of violation/order to remedy:
(a)
Shall be in writing;
(b)
Shall be dated and signed by the Code Enforcement Officer;
(c)
Shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
(d)
Shall specify the provision or provisions of the Uniform Code, the Energy Code, the Code of the Town of Stillwater, or this chapter which is/are violated by the specified condition or activity; and
(e)
The notice of violation/order to remedy may include language that requires the person or entity served with the order to remedy each violation by a specific timeframe or date.
(3)
The notice of violation/order to remedy may include provisions ordering the person or entity served with such violation or order to remedy to:
(a)
Begin to remedy the violations described in the order to remedy immediately, or within some other specified period of time; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within the timeframe specified in the order to remedy; and/or
(b)
Take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied.
(4)
The Code Enforcement Officer shall cause the order to remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five days after the date of the order to remedy.
(5)
The Code Enforcement Officer shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five days after the date of the order to remedy; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer(s) are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code, the Code of the Town of Stillwater.
C.
Penalties. In addition to such other penalties as may be prescribed by state law;
(1)
Any person who violates any provision of this chapter or any term, condition, or provision of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter shall be punishable by a fine as set by the Town Board via resolution per day of violation, or imprisonment not exceeding 15 days, or both; and
(2)
Any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, stop-work order, operating permit or order issued by the Code Enforcement Officer pursuant to any provision of this chapter shall be liable to pay a civil penalty as set by the Town Board via resolution for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Stillwater.
D.
Injunctive relief. An action or proceeding may be instituted in the name of the Town of Stillwater. In a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, stop-work order, operating permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building, structure, or tent is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, order to remedy or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the Town of Stillwater in the Supreme Court or in any other court having the requisite jurisdiction to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board of the Town of Stillwater.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 81-8, Stop-work orders, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, § 81-8, Stop-work orders, of this chapter, in any section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
§ 210-156 Stop-work orders; penalties for offenses.
A.
Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code, the Energy Code, or the Code of the Town of Stillwater, without regard to where such work is or is not work for which building permit is required, and without regard to where a building permit has or has not been issued for such work;
(2)
Any work that is being constructed in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work;
(3)
Any work that is not in conformance with an approved site plan, subdivision plan, or special use permit;
(4)
Any work for which a building permit is required which is being performed without the required building permit; or
(5)
Under a building permit that has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall:
(1)
Be in writing;
(2)
Be dated and signed by the Code Enforcement Officer;
(3)
State the reason or reasons for issuance; and
(4)
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property or their agents. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting on work affected by the stop-work order; however, that failure to serve any person mentioned in this sentence shall not affect the force or effect of the stop-work order. 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 such actions specified on the stop-work order must be terminated immediately.
(1)
A fee as defined in the fee schedule shall be applied to all sites issued a stop-work order in order to commence work.
D.
Effect of stop-work order. Upon issuance of a stop-work order, the owner of the affected property, the permit holder and any other person authorized to perform work on the premises shall immediately cease all work which is the subject of the stop-work order as well as immediately ceasing all previously permitted work.
E.
Violation of stop-work order. Any person who violates the provisions of the stop-work order, will in effect, prior to written release from the Town of Stillwater, be subject to fines and/or prosecution in the Town of Stillwater Justice Court. In the event of a violation of a stop-work order, the Attorney for the Town shall take all necessary legal action to enforce and prosecute the provisions of this section.
F.
Fines and penalties. Fines and penalties for violation of a stop-work order pursuant to this chapter shall be:
(1)
First offense: fine not less than $500 and/or imprisonment up to six months;
(2)
Second offense: fine not less than $1,000 and/or imprisonment up to six months;
(3)
Third and subsequent offenses: fine not less than $1,500 and/or imprisonment up to six months.
G.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty.
H.
Violations; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, in the sole discretion of the Town of Stillwater, whether prior to, at the time of, or after the issuance of a stop-work order.
§ 210-157 Enforcement procedures; penalties for offenses.
A.
Action for noncompliance. On reinspection following the expiration of the date of compliance as specified in the notice of violation/order to remedy, or as extended in accordance with this section, if the remedial action specified has not been carried out and there is still in existence, in the opinion of the Code Enforcement Officer, a violation of a provision of this chapter, then the Code Enforcement Officer may undertake, or request the services of the Town Attorney to undertake, legal remedies as authorized by any local law, ordinance or state law, or as recognized by the courts.
B.
Appearance ticket. The Code Enforcement Officer may issue appearance tickets, answerable in the Town of Stillwater Justice Court, for any violation of this chapter. Appearance tickets may seek to restrain, prevent, enjoin, abate, remedy, or remove such violation and to take whatever other legal action is necessary to compel compliance with this chapter.
C.
Accelerated legal proceedings. Notwithstanding the review procedures provided for herein, where the Code Enforcement Officer, with the concurrence of the Town Board, deems any action, intended action or condition to be an imminent threat to the general health, safety or welfare, the Town Attorney may institute appropriate legal action or proceedings to prevent, restrain or abate such action, intended action or condition.
D.
Penalties. Any property owner in violation of any of the provisions of this chapter shall be guilty of an offense and subject to fines or imprisonment as follows:
E.
Fines and penalties. Fines and penalties for violation of a stop-work order pursuant to this chapter shall be:
(1)
First offense: fine not less than $500 and/or imprisonment up to six months per offense;
(2)
Second offense: fine not less than $1,000 and/or imprisonment up to six months per offense;
(3)
Third and subsequent offenses: fine not less than $1,500 and/or imprisonment up to six months per offense;
(4)
In addition to the foregoing, each such violation shall be subject to a civil penalty not exceeding $250 for each offense, to be recovered in an action or proceeding brought by the Attorney for the Town in a court of competent jurisdiction;
(5)
Every such person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue. 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.
§ 210-158 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 § 210-157 above.
§ 210-159 Complaints.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be filed with the Code Enforcement Officer in writing. The Code Enforcement Officer shall have the complaint properly investigated and report thereon to the governing body.
§ 210-160 Notice of public hearing.
Each notice of public hearing upon an application for subdivision, special use permit, PDD, or variance application, shall be published once in the official newspaper of the Town at least 10 days prior to the date of the hearing. In addition, at least 10 days prior to the date of the hearing, notices shall be mailed to all owners of property within 500 feet of the exterior boundary of the property for which the application is made, as may be determined by the latest assessment records of the Town. The Board shall have the power to extend the notification area at their discretion. Public hearings may be scheduled at the discretion of the Planning Board for site plan review.