Stockport Town City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 120-65 Enforcement officials.
A.
The Town Code Enforcement Officer, Inspectors for the Code Enforcement Officer and/or Acting Code Enforcement Officer shall have the authority to and shall administer and enforce all provisions of this chapter pursuant to Chapter 57, Building Construction and Fire Prevention, Article I, Administration and Enforcement, except where otherwise specifically provided herein. Whenever the Code Enforcement Officer is referred to throughout this chapter, it shall be understood that such reference shall include the Acting Code Enforcement Officer and/or Inspectors for the Code Enforcement Officer. Whenever any permit is required, the same shall be applied for and shall be issued in the first instance from the office of the Code Enforcement Officer in accordance with the requirements of this chapter and other applicable Town, county and state regulations governing building construction and the issuance of building permits.
§ 120-67 Powers and duties.
In addition to all other authority conferred by Chapter 57, Building Construction and Fire Prevention, Article I, Administration and Enforcement, the Code Enforcement Officer shall have the following powers and duties with respect to this chapter:
A.
Issuance of building permits.
(1)
Except as provided in § 120-36.1A(10) 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 Code Enforcement Officer has issued a building permit stating that the proposed use and structure comply with all applicable provisions of this chapter.
B.
Issuance of certificates of occupancy or use.
(1)
No certificate of occupancy shall be issued for any use requiring special 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 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 Zoning Board of Appeals or Planning Board decision.
C.
Procedures for enforcement.
(1)
Chapter 57, Building Construction and Fire Prevention, Article I, Administration and Enforcement, shall govern all enforcement procedures.
§ 120-68 Judicial penalties for offenses.
As provided by Town Law, violation of any provision or requirement of this chapter or 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 not exceeding $350 and/or imprisonment not exceeding six months for 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 and/or imprisonment not exceeding six months; and for a third offense within five years, punishable by a fine not less than $750 nor more than $1,000 and/or imprisonment not exceeding six months. 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 week that such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be given, in writing, by the Code Enforcement Officer and shall be served by either certified mail or personal service.
§ 120-69 Court action.
A.
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 of use or to restrain by injunction, correct or abate a violation or prevent the illegal occupancy of a building, land or premises. The Town Board, or the Code Enforcement Officer, may commence an action in a court of competent jurisdiction to prevent, restrain, correct, or abate a violation hereunder. As part of such an action, such board or officer may seek fines and civil penalties as provided for above.
B.
Appearance tickets. The Code Enforcement Officer, and any appointed acting Code Enforcement Officer, are hereby authorized to issue and serve an appearance ticket with respect to violations of the Town of Stockport Land Use Law. An appearance ticket issued under authority of this chapter shall be served personally. If the alleged violator(s) fail to correct the violation within a reasonable time period provided for correction of the violation, the Code Enforcement Officer shall then commence a proceeding in the local Justice Court. The Code Enforcement Officer shall commence the proceeding by causing an appearance ticket to be served on the alleged violator(s) in accordance with the requirements of state law for issuance of appearance tickets. The Code Enforcement Officer shall also prepare a supporting deposition or affidavit setting forth the details of the violation. The Code Enforcement Officer may also, where an appearance ticket fails to secure the court attendance of the alleged violator(s), request that the Justice Court issue summons for service on the alleged violator(s). The Town Attorney shall represent the Code Enforcement Officer in the Justice Court. The Code Enforcement Officer may also refer the alleged violation to the Town Attorney for an injunction and the collection of civil fines as provided for in this section.
§ 120-70 Citizen action.
If the Code 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 a written request by any taxpayer to so proceed, then any three or more residents and/or property owners within the Town of Stockport 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.