A.
Rules, regulations and forms. The Zoning Board of
Appeals shall have the authority to adopt and promulgate such written
rules, regulations and forms as it deems necessary for the proper
administration of this chapter. Such rules, regulations and 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. Such rules, regulations and forms
shall be filed with the Town Clerk and available as public records.
B.
Right to inspect. The Code Enforcement Officer 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 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 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.
C.
Notice of violations. Whenever, in the opinion of
the Code Enforcement Officer, after proper examination and inspection,
there appears to exist a violation of any provision of this chapter,
or any rule or regulation adopted pursuant thereto, the Code Enforcement
Officer shall serve a written notice of violation upon the owner or
occupant of the premises.
(1)
Notice of violation. The notice of violation
shall inform the recipient of:
(a)
The nature and details of such violation.
(b)
The remedial action which will effect compliance
with provisions of this chapter and with rules and regulations adopted
pursuant thereto.
(c)
The date of compliance by which the violation
must be remedied or removed.
(d)
The right to request a hearing before the Zoning
Board of Appeals.
(2)
Extension. The Code Enforcement Officer may
extend the date of compliance in a notice of violation after written
application if, in the officer's opinion, there is reasonable evidence
of intent to comply and that reasonable conditions exist which prevent
compliance by the specified date.
(3)
Request for hearing. Any person served with
a notice of violation who denies the violation or is allegedly aggrieved
by the required action necessary for compliance may, within 10 days
after service of notice, make a request, in writing, for a hearing
before the Zoning Board of Appeals, stating the reasons why such a
hearing is requested.
(4)
Abeyance. Compliance with a notice of violation
shall not be required while a hearing is pending.
A.
Hearing. Within 10 days after receipt of a request
for a hearing, the Zoning Board of Appeals shall acknowledge receipt,
in writing, and set a time and place for such hearing, not later than
30 days after date request was received. Hearings may be postponed
beyond 30 days by the Zoning Board of Appeals for just cause, and
notice of postponement shall be served. The person requesting the
hearing shall be required to show cause or give evidence why he should
not be required to remedy the violation or why he is unable to comply
with the remedial action outlined in the notice of violation. The
Zoning Board of Appeals may take testimony and waive the formal rules
of evidence.
B.
Findings. After consideration of all testimony given
at the hearing held in accordance with this section, the Zoning Board
of Appeals shall sustain, withdraw, or modify the notice of violation
as originally served. If such notice is sustained or modified, the
Zoning Board of Appeals shall set a new compliance date by which the
violation shall be remedied or removed in accordance with the original
notice of violation or modified remedial action specified at the hearing.
C.
Certificate of zoning compliance. On reinspection
following the expiration of the date of compliance as specified for
remedial action and there is no longer a violation of any provision
of this chapter, then a certificate of zoning compliance shall be
issued by the Code Enforcement Officer.
A.
Action for noncompliance. On reinspection following
the expiration of the date of compliance as specified in the notice
of violation, 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, or
any official of the Town authorized or deputized to enforce the New
York State Uniform Fire Protection and Building Code within the Town
of Stillwater, or the Town of Stillwater Emergency Management Director,
acting pursuant to the Town of Stillwater Emergency Management Plan,
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 person owning, controlling or managing
any building, structure, land or premises wherein or whereon there
shall be placed on or there exists or is practiced or maintained anything
or any use in violation of any of the provisions of this chapter shall
be guilty of an offense and subject to fines or imprisonment as follows:
for the first offense, a fine not exceeding $250 or six months' imprisonment,
or both; for the second offense if within five years of the first
offense, a fine not less than $250 nor more than $700 or up to six
months' imprisonment, or both; for the third offense or subsequent
offense if within five years of the first and second offenses, a fine
not less than $700 nor more than $1,000 dollars or up to six months'
imprisonment, or both. 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. 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.
A.
The Town Board for the Town of Stillwater herein grants the Code Enforcement Officer the administrative responsibility of immediately terminating any actions according to § 210-143 by posting a stop-work order on the premises wherein the violation has occurred.
B.
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.
C.
Relief from the stop-work order can be realized as
follows:
(1)
If all provisions of this chapter, together
with other conditions specified by the Code Enforcement Officer, are
met, then the Town Board may authorize the termination of the stop-work
order.
(2)
Except for cases involving site plan review,
if a variance is granted by the Zoning Board of Appeals permitting
the violations specified on the stop-work order to continue henceforth
as allowable, said administrative decision shall also specify the
conditions for the termination of the stop-work order.
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 §§ 210-142 and 210-143 above.
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, who may require
such complaint to be in writing. The Code Enforcement Officer shall
have the complaint properly investigated and report thereon to the
governing body.
