Victor Town Ontario County
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 211-1 Title.
This chapter shall be known as the "Town of Victor Zoning Code, as amended."
§ 211-2 Purpose; issues for consideration.
It is the purpose of this chapter to preserve and protect the natural beauty of Victor, its surface waters, streams, forests, sloped areas, wetland and flood hazard areas so that they may be enjoyed to the fullest by this and succeeding generations of residents and others by encouraging the most appropriate use of land throughout the Town. Natural, scenic and historic resources shall be given maximum possible protection. These include groundwater, wetlands, geologic formations (drumlins) and highway corridors. The glaciated terrain is one of the most striking aspects of the Town. It should be preserved and protected against impacts associated with development on steep slopes.
The purpose of this chapter is to encourage the economic and efficient distribution of public services and utilities.
The purpose of this chapter is also to promote the health, safety and general welfare of the Town of Victor by monitoring, regulating and restricting the following elements:
The density of the population.
The height and size of buildings and the number of stories; and other structures.
The percentages of the lots that may be occupied, together with the size of yards and other open spaces.
The use of buildings, structures and land for purposes of residence, trade, commerce, industry, agriculture or other purposes.
Other purposes to be served by enactment of this chapter are as follows:
Residents should be given a full range of choice in the selection of housing types and price ranges.
Residential areas shall be kept free from incompatible and inharmonious uses.
The environmental review process shall impose high development standards to evaluate future projects.
Both active and passive open spaces should be provided. Development will occur, but it should preserve the natural and scenic resources of the community. The Town will encourage preservation of open space along stream corridors. A voluntary Town-wide trail system is supported.
The Town will continue to support agriculture as a viable economic activity.
The Town will encourage the attraction, retention and expansion of businesses and industries to provide jobs for local residents and a healthy tax assessment base for the community.
The Town will encourage flexibility of design in large project development.
To control traffic on streets, roads and highways.
To promote safety from fire, flood and other such dangers.
To facilitate the adequate provision of transportation, water, sewage, parks and other public requirements.
To encourage the most appropriate use of land in the Town by considering, among other things, the character of each district and its peculiar suitability for particular uses.
To establish penalties for the violation of this chapter.
Decisions by the Zoning Board of Appeals and/or Planning Board will be made after reasonable consideration of, among other things, the character of the Town and of each district and its peculiar suitability for particular uses in order to conserve and enhance natural resources and environmentally sensitive areas and land values and to protect the existing properties.
Adult entertainment uses and businesses.
[Added 8-23-1993 by L.L. No. 4-1993; amended 11-13-1995 by L.L. No. 8-1995]
The Town Board of the Town of Victor has determined that adult entertainment businesses exhibit serious objectionable operational characteristics which can lead to significant adverse impacts on the surrounding community and that the unrestrained proliferation of such businesses is not consistent with existing development and future plans for the Town of Victor in that adult entertainment businesses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life.
Therefore, the Town Board of the Town of Victor recognizes that special regulation is necessary in order to prevent the proliferation of adult entertainment businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community.
§ 211-3 General regulations for land use.
The following general regulations shall govern the use of land in the Town of Victor.
Limitations of land use. Except as provided in this chapter, no building or part thereof or other structure shall be erected, altered, added to or enlarged nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose other than as for uses hereinafter listed as permitted in the district in which such building and/or premises is located.
Nonconforming use. Any lawful use existing at the time of the passage of this chapter or its amendments may be continued though not conforming to the regulations of the district in which it is maintained, subject to the following regulations:
No structural alterations shall be permitted.
Enlargement of the structure is prohibited.
Such use may be continued on the premises and in the structure where it exists at the time of the adoption hereof.
Where such nonconforming use is upon the land itself and not enclosed within a structure or where such use involves the removal of soil or minerals or the excavation of gravel or rock or other material, such use may be continued upon the land so used at the time of the adoption hereof. Any such nonconforming use of land may be extended or expanded to include any part of the plot or parcel of land now being used or held in reserve for future use; however, such extension or expansion of such nonconforming uses shall not be permitted within 200 feet of any boundary line of such plot or parcel.
Notwithstanding the foregoing provisions of this section prior nonconforming single and two-family dwelling uses in Commercial, Commercial/Light Industrial, and Light Industrial Districts shall be entitled to customary accessory uses and structures as follows:
[Amended 7-25-2016 by L.L. No. 2-2016]
Customary accessory uses and structures, such as garages and storage sheds, as set forth in § 211-19. Any proposed accessory uses or structures must comply with the requirements of Chapter 83, where applicable, and must comply with current dimensional area and height requirements of the district in which the property is located.
Any structure destroyed by fire or other calamity may be restored within 12 months of such destruction and the former use continued, provided that the reconstruction shall not exceed the dimensions of the destroyed property.
[Amended 7-25-2016 by L.L. No. 2-2016]
Failure to exercise any nonconforming use for a period of 12 months or more shall terminate such nonconforming use of the structure or premises, and thereafter such structure or premises shall be used only in conformity with the provisions of this chapter.
[Added 7-25-2016 by L.L. No. 2-2016]
Building permits.
A building permit or special use permit shall become void after six months from the date of issue unless construction, alteration or use requested in the application shall be commenced. All construction or alteration which may be commenced upon the issuance of a permit shall be completed within two years from the date of the issuance of the permit. Upon application to the Zoning Board of Appeals and upon showing good cause, such building permit may be extended on a year-to-year basis.
Certificate of occupancy. Upon the completion of any construction, alteration or conversion of any premises, the Code Enforcement Officer shall, upon request, upon determining that such construction, alteration or conversion conforms to the provisions of this chapter, issue a certificate of occupancy to the applicant. Such certificate of occupancy shall be issued without charge to the applicant.
Certificate of compliance.
The Code Enforcement Officer may, upon receiving adequate proof upon inspection of the premises, issue a certificate of compliance to the applicant or to whom it may concern. Such certificate of compliance shall set forth the general location of the premises, the zone in which said premises are located, the principal use of the premises and whether such use conforms to the district or is a nonconforming use and, further, a general description of any structures or buildings upon the premises and whether such structures or buildings conform to the requirements herein or, in the alternative, are established nonconforming uses.
In the event that the Code Enforcement Officer refuses to issue a certificate of compliance, such matter may be taken upon appeal to the Zoning Board of Appeals, and after hearing the applicant or other interested persons and the Code Enforcement Officer, the Zoning Board of Appeals shall affirm or reverse the decision of the Code Enforcement Officer as the facts in each case may require.
The provisions contained herein shall apply to all land within the limits of the Town of Victor, excluding the Village of Victor.
Applications shall be referred to the Ontario County Planning Board for review as required by state law.
§ 211-4 Interpretation and conflict with other laws.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
Conflict with public and private provisions.
Public provisions. This chapter is not intended to interfere with, abrogate or annul any other local law, rule or regulation, statute or other provision of law. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other local law, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall govern.
Private provisions. This chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this chapter shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of this chapter or the determinations of the Planning Board of the Town of Victor in approving a subdivision or in enforcing this chapter and such private provisions are not inconsistent with this chapter or determinations thereunder, then such private provisions shall be operative and supplemental to this chapter and determinations made thereunder.
§ 211-5 Compliance required; applicability; division of land.
No division of land or subdivision of any lot, tract or parent parcel of land shall be made except in strict accordance with the provisions of this chapter. Such alterations or divisions of land include but are not limited to streets, sanitary sewers, storm sewers, water mains and other underground utilities. None of these facilities shall be laid out, constructed, opened or dedicated for public use and travel or for the common use of occupants of buildings except in compliance with the provisions of this chapter.
All plats for divisions of land and subdivisions shall be submitted to the Town Planning Board and approved by it before they shall be recorded at the office of the Ontario County Clerk. The actions of the Planning Board are governed by the subdivision regulations delineated in Chapter 184, Subdivision of Land, of the Code of the Town of Victor.
§ 211-6 Map and text amendments.
The Town Board may, from time to time, on its own motion or on petition or on recommendation of the Planning Board, after public notice and hearing, amend, supplement, change, modify or repeal this chapter or change the Official Amended Zoning Map pursuant to the Town Law. Every such proposed amendment shall be first referred to the Planning Board for report prior to the public hereon.
Permitted and special permit uses. When necessary, uses may be added to one of the permitted and special permit uses by the Town Board after review and recommendation by the Planning Board. Such an addition may be made, provided that the addition meets the following criteria:
It is not listed in any other use class.
The use is similar to the other uses listed in the use class to which it is to be added.
The use class proposed is the most appropriate for the use.
No general nuisance is created.
It shall not adversely affect the character of the district.
It shall not create excessive traffic.
§ 211-7 Reconsideration of prior decisions.
[Amended 9-25-1995 by L.L. No. 6-1995]
Whenever the Planning Board or Zoning Board of Appeals, after hearing all the evidence presented upon application, denies that application, the Board shall refuse to hold further review of the same substantially similar application for appeals related to the same property for a period of one year. Notwithstanding the foregoing, the Board may, in its discretion, agree to rehear any prior application upon a finding that a material and substantial change in circumstances has occurred; substantial new evidence is available; or a mistake of law or fact significantly affected the prior denial. Such rehearing may be granted only upon the unanimous vote of the Board.
§ 211-8 Zoning Board of Appeals.
Organization.
[Amended 11-13-2000 by L.L. No. 5-2000[1]]
The Zoning Board of Appeals, hereinbefore created pursuant to the provisions of Town Law, shall be comprised of five members. To the extent the Zoning Board of Appeals consists of more than five members as of the date of adoption of this Local Law No. 8-2012, each member shall continue to hold office until the expiration of his present term. Zoning Board of Appeals members shall be appointed by the Town Board for a term of five years. Each member of the Board shall continue to hold office until the expiration of his present term, at which time the Town Board shall appoint a successor so as to maintain the Zoning Board of Appeals at five members. If a vacancy shall occur other than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term. No successor shall be appointed, nor shall any appointments otherwise be made, where such an appointment would cause the Zoning Board of Appeals to be comprised of greater than five members.
[2]
Editor's Note: This local law also stated that it was the intent of the Town Board to supersede the provisions of Town Law § 267, Subdivision 6, with respect to the number of members of the Victor Zoning Board of Appeals.
[3]
Editor’s Note: This local law also stated that it was the intent of the Town Board to supersede the provisions of Town Law § 267, Subdivision 5, requiring that the terms of office of Zoning Board of Appeals members be equal in years to the number of members of the Board.
Alternate members. Maintaining a quorum on the Zoning Board of Appeals is jeopardized when members become ill, are on extended vacations, or conflicts of interest are presented on matters coming before the Board. The failure to maintain a quorum delays and/or impedes adherence to required statutory time limitations and further impairs the conduct of business before the Board. The use of alternate members in such instances is hereby authorized.
"Alternate member" means an individual appointed by the Town Board to serve as a member of the Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the Zoning Board of Appeals
Alternate members of the Zoning Board of Appeals shall be appointed by the Town Board for a term of three years with the term to expire on December 31 of the third year after the date of the appointment.
The Chairperson of the Zoning Board of Appeals may designate the alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the Zoning Board of Appeals meeting at which the substitution is made.
All provisions of state law relating to the Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
[1]
Editor's Note: This local law also stated that it was the intent of the Town Board to supersede the provisions of § 267 of the Town Law relating to appointment of members to a Zoning Board of Appeals.
Procedure. The Zoning Board of Appeals, consistent with the provisions of the Town Law applicable thereto, shall determine its own rules of conduct and procedure.
Date for public hearing. Upon receiving an application for a variance, temporary permit or special use permit, the Zoning Board of Appeals shall set a date for a public hearing no less than seven days prior to the date set for the hearing and shall cause, in such a manner as it shall direct, the written notice of such hearing to be delivered to persons owning real property within 500 feet of any line of the premises which is the subject of the application as may appear upon the latest completed assessment roll, such notice to be delivered at least five days before the date set for the public hearing. Public hearings for special use permits shall be held jointly with the Planning Board at a regularly scheduled Planning Board meeting.
The Secretary to the Zoning Board shall maintain a current list of variances issued by the Zoning Board of Appeals.
Powers.
Review. Any aggrieved party shall have the right to appeal to the Zoning Board of Appeals from any order, requirements, decision or determination made by the Code Enforcement Officer, and said Board shall thereupon hear and determine the same.
Variances. When in its judgment the public safety, convenience and welfare will be served, the Zoning Board of Appeals may vary or modify the application or regulations or provisions of this chapter or Chapter 138 relating to the use, construction or alterations of structures or use of the land. In such cases, the Zoning Board of Appeals is empowered to grant exceptions in harmony with the general purpose and intent of the respective chapter.
[Amended 10-25-2010 by L.L. No. 8-2010]
Variances will be granted in appropriate and specific cases only after public notice and hearing and subject to such appropriate conditions and safeguards the Zoning Board of Appeals may impose. These variances may be granted only in cases:
Where the appropriate use of neighboring property will not be substantially injured thereby.
Where it shall appear that there are practical difficulties or unnecessary hardships, as the case may be, in the carrying out of the strict letter of this chapter or Chapter 138, to the end that the spirit of the respective chapter shall be observed, public safety and welfare secured and substantial justice done.
The Zoning Board of Appeals may grant a variance as follows:
To permit in any district such modification of requirements related to height, yards lot area and lot width as said Board may deem necessary and proper to secure appropriate development of a lot where adjacent thereto are buildings or structures that do not conform to such regulations.
To permit such modification or variation of the yards, lot area and lot width requirements of this chapter or Chapter 138 as will permit completion of the development of a tract of land according to the ordinance in effect when such development was first commenced, in instances where a map of a part of such tract has been approved and construction actually commenced prior to the adoption of the respective chapter.
Criteria for granting variances. The Zoning Board of Appeals shall observe the following criteria for making a determination on the application for a variance:
Use variance. No use variance shall be granted by a Board of Appeals without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that:
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
[Amended 2-13-1995 by L.L. No. 2-1995]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
The requested use variance, if granted, will not alter the essential character of the neighborhood.
The alleged hardship has not been self-created.
Area variance. The Board of Appeals must consider the benefit to the applicant if the variance is granted and the detriment to the health, safety and general welfare of the neighborhood that would occur if the variance were to be granted. The Board of Appeals must consider the following five factors:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
Whether the requested area variance is substantial.
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or districts.
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
Temporary permit. Upon a showing of practical difficulty and upon application, the Zoning Board of Appeals may, in appropriate specific cases after public notice and hearing following the issuance of a building permit, grant a temporary permit to occupy a temporary dwelling other than a structure for a period not to exceed 90 days; however, this permit is granted provided that occupancy of such temporary dwelling does not create a danger to the health and safety of the occupant or surrounding community and further provided that the issuance of such temporary permit is within the spirit and purpose of this chapter.
Variance duration.
[Added 11-23-2015 by L.L. No. 12-2015]
Variances shall become null and void unless:
Where a building permit is not required, the authorized work or use for which the variance was sought is substantially completed within one year from the approval of the subject variance; or
Where a building permit is required for the authorized work or use for which the variance was sought, such building permit is obtained within one year from the approval of the subject variance, and a certificate of occupancy or certificate of compliance is issued in accordance with Chapter 83.
Such time may be extended as herein provided.
Variance extension. The Zoning Board of Appeals, for good cause shown, may, upon written application made prior to the expiration of the time limit set forth above, extend the time within which a building permit may be issued or, where no building permit is required, within which the work or use may be commenced, for successive periods of not to exceed six months each.
§ 211-9 Planning Board.
Organization. The Planning Board, hereinbefore created pursuant to the provisions of Town Law, shall be comprised of five members. To the extent the Planning Board consists of more than five members as of the date of adoption of this Local Law No. 9-2012, each member shall continue to hold office until the expiration of his present term. Planning Board members shall be appointed by the Town Board for a term of five years. Each member of the Board shall continue to hold office until the expiration of his present term, at which time the Town Board shall appoint a successor so as to maintain the Planning Board at five members. If a vacancy shall occur other than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term. No successor shall be appointed, nor shall any appointments otherwise be made, where such an appointment would cause the Planning Board to be comprised of greater than five members.
[1]
Editor's Note: This local law also stated that it was the intent of the Town Board to supersede the provisions of Town Law § 271, Subdivision 4, with respect to the terms of office of Planning Board members.
Procedure. The Planning Board, consistent with the provisions of the Town Law applicable thereto, shall determine its own rules of conduct and procedure.
Powers.
Site plan review.
Prior to issuing a building permit for the construction of a building on a lot in any district, except for a one-family dwelling, the Code Enforcement Officer shall refer the site plan of such lot to the Planning Board for its review and approval.
The power to approve, approve with conditions or deny site plans is vested in the Planning Board. Prior to issuing a building permit, the Planning Board shall review the site plan and supporting documentation for all construction except residential additions or one single-family home or residential accessory structures of less than 1,000 square feet. All motions and/or resolutions adopted by the Planning Board approving a site plan with or without modification shall include a finding that the site plan is in conformance with Chapter 55, Access Management and the Official Map, or shall state that waivers have been issued in compliance with the provisions of Chapter 55, Access Management.
[Amended 10-25-1999 by L.L. No. 10-1999; 8-26-2019 by L.L. No. 9-2019]
Excepting single-family residences and residential additions and residential accessory structures of less than 1,000 square feet and applications for signs permits on existing structures, all new construction, whether a new building, or an addition, or any modification of a current site shall require a site plan approval by the Planning Board.
[Amended 10-25-1999 by L.L. No. 10-1999; 4-23-2007 by L.L. No. 4-2007]
Before the Planning Board may approve a site plan containing residential units, such site plan shall show, when required by the Board, a park or parks suitably located for playground or other recreational purposes. In the alternative, the Planning Board may require a sum of money in lieu thereof as established by the Town Board. Any determinations or requirements pursuant to this subsection shall comply with the procedures and findings set forth in § 274-a, Subdivision 6, of the Town Law, including the credit for land or money donated in lieu thereof pursuant to subdivision plot approval. The requirements of Subdivision 6 shall not preclude the Planning Board from also mandating compliance with the open space provisions of the Town Code. (See § 211-46.)
[Added 2-13-1995 by L.L. No. 2-1995]
Special use permits. Special use permits will be granted in appropriate and specific cases only after public notice and hearing and subject to such appropriate conditions and safeguards the Planning Board may impose.
These special use permits may be granted only in the following cases:
Where the appropriate use of neighboring property will not be substantially injured thereby.
Whenever it is provided in this chapter that approval of the Planning Board is required, or refuse to grant the same where such action is justified.
Where the use is a permitted special use as set forth in this chapter.
Where the use is designed and located and proposed to be operated such that the public health, safety and welfare and convenience will be protected.
Where the use will not cause substantial injury to the value of other property in the neighborhood where it is located.
Where the use will be compatible with adjoining development and the proposed character of the district where it is to be located.
Where adequate landscaping and screening are provided in accordance with the circumstances with a view to aesthetic considerations.
Where adequate off-street parking and loading are provided and ingress and egress are so designed as to cause minimum interference with traffic on abutting streets.
Where the use conforms to all applicable regulations governing the district in which it is located.
The Secretary to the Planning Board shall maintain a current list of special use permits issued by the Planning Board.
[Amended 10-23-2017 by L.L. No. 8-2017]
Public hearing. All special use permit applications require a public hearing before the Planning Board. Notice of said public hearing will be provided: 1) in a newspaper of general circulation in the Town; and 2) notice shall also be sent by the staff for the Planning Board directly to all owners of property located within 500 feet of the property subject of the special use permit application.
[Added 9-14-2015 by L.L. No. 8-2015]
§ 211-10 Code Enforcement Officer; right to inspect; technical inspections.
[Amended 12-11-1995 by L.L. No. 12-1995]
Administration and enforcement. This chapter shall be administered by the Code Enforcement Officer, who shall be appointed and may be removed by the Town Board and who shall serve at the pleasure of the Town Board. It shall be the duty of the Code Enforcement Officer to assure the enforcement of this chapter, subject to the rules, regulations and resolutions of the Zoning Board of Appeals, Planning Board and the Town Board and to issue all permits or certificates required by this chapter.
Powers and duties.
It shall be the duty of the Code Enforcement Officer to issue permits and certificates to all applicants who fully comply with the provisions of this chapter.
Issuance of orders.
If the Code Enforcement Officer shall find that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the persons responsible for such violations, indicating the specific nature of the violation, and order action to correct it. He or she shall order the following:
The Code Enforcement Officer also shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
The Code Enforcement Officer shall maintain a permanent and current record of all applications for building permits and certificates, his or her action upon the same, any conditions relating thereto and any other matters considered and action taken by him or her.
The Code Enforcement Officer shall provide the Zoning Board of Appeals, in writing, with all facts pertaining to his or her refusal to issue permits and certificates whenever such information shall be requested by said Board.
Whenever the Code Enforcement Officer denies a certificate or permit, he or she shall, in writing, inform the applicant of the specific reasons for denial and instruct the applicant concerning the proper methods and the right to apply for relief.
The Code Enforcement Officer is authorized and empowered to issue appearance tickets pursuant to § 150.20 of the New York State Criminal Procedure Law.
Right to inspect. The Code Enforcement Officer, or other Town officials designated by the Town Board shall have the right to enter upon the property and premises of any business, in accordance with law, to inspect for compliance with provisions of this chapter. Further, any applicant, upon being granted any permit and/or site plan approval requested under the provisions of this chapter, grants to the Town of Victor, its officers or designed representatives, a license to enter upon the property and premises governed by said permit and/or site plan approval to determine that the provisions of this chapter are being fulfilled, and to require such work to be done as may be necessary to meet the conditions of said permit and/or site plan approval.
[Added 12-11-1995 by L.L. No. 12-1995; amended 4-28-1997 by L.L. No. 9-1997]
Technical inspections. The Town Engineer or other designated Town representative or consultant shall, as part of any permit granted under this chapter, have a license to enter upon the property and premises governed by said permit to make such technical inspections as the Town in its discretion considers necessary to ensure compliance with the provisions of this chapter.
[Added 12-11-1995 by L.L. No. 12-1995]
Right to restore. If the applicant fails to restore any property governed by site plan approval, the Town shall have the right, after providing notice of violation and an opportunity to cure, to provide for the restoration of the property. For grading site plans this may include, but is not limited to, the replacement of topsoil in an amount of not more than six inches throughout the property, correct drainage problems and replace vegetation.
[Added 4-28-1997 by L.L. No. 9-1997]
Complaints. Any person having knowledge of any violation of this chapter may file a complaint in writing, with the Town Clerk, and the Code Enforcement Officer shall thereupon make an investigation and report his findings to the Town Board.
[Added 4-28-1997 by L.L. No. 9-1997]
§ 211-11 Enforcement; penalties for offenses.
[Amended 1-22-1996 by L.L. No. 1-1996; 8-27-2012 by L.L. No. 15-2012]
Enforcement official. It shall be the duty of the Code Enforcement Officer to enforce this chapter and to bring to the attention of the Town Board any violations or lack of compliance herewith.
Enforcement of open space, natural resource and landscaping requirements. All open space, natural resource and landscaping requirements, including conservation easements and deed restrictions required by the Town, are enforceable by the Town Code Enforcement Officer. Failure to comply with said requirements shall be a violation of this chapter, subject to penalties as set forth herein.
Violations. Any person, firm or corporation who or which fails to comply with or violates any of the provisions of this chapter shall be guilty of an offense and subject to the penalties for that offense or offenses.
Penalties. For each violation, any person, firm, company or corporation who or which neglects or refuses to do any act required by this chapter shall be guilty of an offense and shall be punishable as follows:
For the first offense: a fine of up to $350 or imprisonment for up to six months, or both.
For the second offense within five years: a fine of $350 to $700 or imprisonment for up to six months, or both.
For the third offense within five years: a fine of $700 to $1,000 or imprisonment for up to six months, or both.
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described above. Consequently, the Town Board may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.