Wilson Town City Zoning Code
ARTICLE XIII
Zoning/Code Enforcement
[Added 6-21-2023 by L.L. No. 1-2023]
§ 127-75 Zoning/Code Enforcement Officer.
A.
The Zoning/Code Enforcement Officer shall be appointed by the Town Board.
B.
Powers and duties. The provisions of this chapter shall be enforced by the Zoning/Code Enforcement Officer, who shall have the following powers and duties:
(1)
Submit a monthly report to the Town Board.
(2)
Maintain a permanent and current record of all applications for zoning site plan and special permits certificates, actions upon same, any conditions relating thereto, and any other matters considered and action taken. Such records shall form a part of the records of the office and shall be available for use by Town officials and for inspection by the public.
(3)
Cause any plans, buildings or premises to be examined or inspected to determine compliance with the provisions of this chapter. In the fulfillment of these duties, the Zoning/Code Enforcement Officer shall be authorized, as otherwise allowed under state and federal laws, to enter any premises or building during business hours to determine whether or not the same is in violation of this chapter.
(4)
Issue building permits to all applicants who fully comply with the provisions of this chapter.
(5)
Issue change of use permits to all applicants who fully comply with the provisions of this chapter.
(6)
Issue temporary use permits to all applicants who fully comply with the provisions of this chapter.
(7)
Issue certificates of occupancy upon finding that construction was carried out in compliance with approved plans and all other applicable codes.
(8)
Provide the Zoning Board of Appeals, in writing, with all facts pertaining to the refusal to issue permits and certificates when such information is requested by the Board.
(9)
For denied building permits, provide, in writing, the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.
C.
Mandatory training. The Zoning/Code Enforcement Officer shall be required to attend at least 24 hours of training regarding land use issues and building code enforcement each year. All training shall be relevant to the Zoning/Code Enforcement Officer's powers or duties and sponsored by the New York Association of Towns, New York Planning Federation, State of New York or other vendors authorized to provide the same.
§ 127-76 Compliance required.
The commencement or continuation of any activity regulated by this chapter that is not in compliance with the express provisions of this chapter, or that is not in compliance with the express provisions of any permit or approval, including any attached findings or conditions, shall be a violation of this chapter, and subject to enforcement under the terms of this article and New York law.
§ 127-77 Enforcement responsibility.
A.
The responsibility for the enforcement of this chapter is delegated to the Zoning/Code Enforcement Officer.
B.
Whenever a violation of this chapter occurs, any person may file a complaint. All such complaints must be filed with the Zoning/Code Enforcement Officer, who shall properly record such complaint, immediately investigate to determine the validity of the charge, and take whatever action is necessary to ensure compliance with this Zoning Law.
§ 127-78 Penalties for offenses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
A violation of any provision of this chapter is hereby declared to be an offense punishable by:
(1)
A fine not to exceed $350 for a conviction of a first offense.
(2)
For a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(3)
Upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
B.
Each week's continued violation shall constitute a separate additional violation.
C.
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.
§ 127-79 Accumulated fines.
Accumulated fines or penalties shall not continue to accrue if one of the following occurs:
§ 127-80 Remedies and enforcement powers.
On behalf of the Town, the Zoning/Code Enforcement Office may take any one or more of the following actions as a remedy for any violation of this Zoning Law:
A.
Issuing and serving on the violator a notice of violation and order to remedy.
B.
Withholding any approval or permits required by this chapter or order other officials to withhold such approval or permits.
C.
Bringing an action for injunction or mandamus to abate a violation.
D.
Bringing an action for an injunction (or, in appropriate cases, for mandamus) to prevent the violation and/or to prevent the occupancy or use of any site or structure involved in the violation.
E.
Pursuing prosecution of the violation.