A.
City Code Enforcement Officer. This chapter shall be enforced by
the City Code Enforcement Officer, who shall be assisted by such officers
and employees as may be determined by the Common Council.
B.
Rules, procedures and forms. The City Code Enforcement Officer shall
have the authority to make, adopt and promulgate such written rules,
procedures and forms as he or she may deem necessary for the purpose
of proper enforcement and administration of this chapter and to secure
the intent thereof. Such rules, procedures and forms shall not be
in conflict with the provisions of this chapter or any other ordinance
or local law of the City of Oneonta, nor shall they have the effect
of waiving any provisions of this chapter or any other provisions
of the Code of the City of Oneonta. Such rules, procedures and forms
shall have the same force and effect as the provisions of this chapter
and subject to the same penalties for violation thereof. Such rules,
procedures and forms shall be submitted to the Common Council by the
City Code Enforcement Officer, which shall move to approve, reject
or modify such rules, procedures or forms within 60 days after submission.
Failure to so move shall be construed to constitute approval thereof.
Said rules, procedures and forms, as approved by the Common Council,
shall be on file and available for public inspection.
C.
Entry and inspection. The City Code Enforcement Officer shall have
the right to enter upon, examine and inspect, or cause to be entered,
examined and inspected, any building or property for the purpose of
carrying out his duties, and to determine compliance by request, with
the provisions of this chapter. The City Code Enforcement Officer
shall give reasonable written notice to the owner(s) 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 City
Code Enforcement Officer shall contact the City Attorney to pursue
appropriate legal action necessary to gain entry for the purposes
of examination and inspection of the building or property in question.
D.
Referral to Planning Commission, Common Council and Zoning Board
of Appeals. The City Code Enforcement Officer shall instruct any applicant
of the appropriate City agency to whom application should be presented
prior to issuance of a building permit, as specified by the procedures
set forth in this chapter.
Whenever in the opinion of the City Code Enforcement Officer,
after proper examination and inspection, there appears to exist a
violation of any provision of this chapter, or of any rule or regulation
adopted pursuant thereto, he or she shall serve a written notice of
violation upon the owner or occupant of the premises.
A.
Notice of violation. Such notice of violation shall inform the recipient
of:
B.
Extension. The City Code Enforcement Officer may extend the date
of compliance in a notice of violation after written application,
if in his opinion there is reasonable evidence of intent to comply
and that reasonable conditions exist which prevent compliance by the
specified date.
C.
Request for hearing. Any person served with a notice of violation in accordance with Subsection A and 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 City Code Enforcement Officer stating the reasons why such a hearing is requested.
D.
Abeyance. Compliance with a notice of violation shall not be required
while a hearing is pending.
E.
Hearing. The City Code Enforcement Officer shall acknowledge receipt,
in writing, and set a time and place for such hearing, not later than
30 days after the date the request was received. Hearings may be postponed
beyond 30 days by the City Code Enforcement Officer 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
or she should not be required to remedy the violation or why he or
she is unable to comply with the remedial action outlined in the notice
of violation.
F.
Findings. After consideration of all testimony given at the hearing held in accordance with Subsection E of this section, the City Code Enforcement Officer shall sustain, withdraw or modify the notice of violation as originally served. If such notice is sustained or modified, the City Engineer 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.
G.
Certificate of zoning compliance. On reinspection following the expiration
of the date of compliance as specified in the notice of violation,
if the violation has been remedied or removed in accordance with the
specified 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 City Code Enforcement Officer.
H.
Legal action by the City 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 Subsection B of this section, if the remedial action specified has not been carried out and there is still in existence, in the opinion of the City Code Enforcement Officer, a violation of provisions of this chapter, then the City Code Enforcement Officer shall immediately refer the matter to the City Attorney who shall thereupon institute appropriate legal action 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.
A.
Creation, appointment and organization.
(1)
A Zoning Board of Appeals is hereby established in accordance with
the provisions of the General City Law applicable thereto.
(2)
The Zoning Board of Appeals shall consist of seven members, appointed
by the Mayor, for a term of three years in staggered three-year terms.
Appointments to fill a vacancy of an unexpired term of any member
shall be filled for such unexpired term only.
(a)
The Zoning Board of Appeals shall choose its own Chairman and,
in his absence, an Acting Chairman. All meetings of the Zoning Board
of Appeals shall be held at the call of the Chairman and at such other
times as the Board shall determine.
(b)
Such Chairman, or in his absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses.
(c)
All meetings of such Zoning Board of Appeals shall be open to
the public. Such Board shall keep minutes of its proceedings showing
the vote of each member on every question. If any member is absent
or fails to vote, the minutes shall indicate such fact.
(d)
The concurring vote of four members of said Board shall be necessary
to decide in favor of the applicant any matter upon which said Board
is required to pass under the provisions of this chapter.
(e)
All decisions made by the Zoning Board of Appeals shall apply
to and remain with the deed of the property in question, regardless
of any change of use or ownership.
(3)
The Zoning Board of Appeals shall have the power to make, adopt and
promulgate such written rules of procedure, bylaws and forms as may
be provided for in § 81 of the General City Law for the
proper execution of its duties and to secure the intent of this chapter.
Such rules, bylaws and forms shall not be in conflict with, or have
the effect of waiving, any provisions of this chapter or any other
provisions of the Code of the City of Oneonta. Such rules, bylaws
and forms, and any subsequent amendments or supplements thereto, shall
be submitted to the Council by the Zoning Board of Appeals for approval
and filing for public inspection. The Common Council shall move to
approve, reject or modify such rules, bylaws and forms within 60 days
after submission. Failure of the Common Council to so move shall be
construed to constitute approval thereof.
(4)
The Zoning Board of Appeals shall have the duties, rights, powers
and functions conferred upon it by § 81 of the General Municipal
Law and any other provisions of law applicable thereto, including
the following provisions.
B.
Procedure.
(1)
Appeals, how taken.
(a)
Appeals to the Zoning Board of Appeals may be taken by any person
aggrieved, or by an officer, department, board or bureau of the City.
Appeals must be submitted to the City at least three weeks prior to
the hearing date.
(b)
Such appeal shall be taken within such time as shall be prescribed
by the Zoning Board of Appeals by general rule, by filing with the
officer from which appeal is taken and with the Zoning Board of Appeals
of a notice of appeal specifying the grounds thereof.
(c)
The officer from whom the appeal is taken shall forthwith transmit
to said Board all the papers constituting the record upon which the
action appealed from was taken.
(2)
The Zoning Board of Appeals shall act in strict accordance with the
procedure specified by law. All appeals and applications made to the
Zoning Board of Appeals shall be in writing, on forms prescribed by
said Board. Every appeal or application shall refer to the specific
provision of this chapter involved and shall exactly set forth the
interpretation that is claimed, the use for which the special permit
is sought, or the details of the variance that is applied for and
the grounds on which it is claimed that the variance should be granted,
as the case may be. Each application for an interpretation, area or
use variance, or special extension, shall be accompanied by a proposed
site plan at an appropriate scale showing, as necessary, the size
and placement of the lot, surrounding land use, design and location
of proposed buildings, driveways, parking area, landscaping and screening,
proposed drainage and utility systems, and existing and proposed contours
of the land.
(3)
Each original application to the Zoning Board of Appeals for an interpretation,
variance or special extension shall be accompanied by a fee which
shall be established by resolution from time to time by the Common
Council of the City of Oneonta.
(4)
Every decision of the Zoning Board of Appeals shall be by resolution,
each of which shall contain a full record of the finding of the Board
in the particular case. Each such resolution, together with all documents
pertaining thereto, shall be filed in the office of the City Clerk
by case number under one of the following headings: interpretations,
variances or special extensions.
(5)
Prior to making a final decision on variance, interpretation or special
extension, the Zoning Board of Appeals shall fix a reasonable time
for the hearing of the appeal or other matter referred to it and give
public notice thereof by the publication in the official paper of
a notice of such hearing at least 10 days prior to the date thereof.
The Board shall also, at least 10 days prior to the hearing, mail
notices of the hearing to the applicant and his attorney or agent.
(a)
The Zoning Board of Appeals shall also, insofar as practicable,
mail notices of the hearing of an appeal to all property owners as
appear on the latest real property tax roll of the City within a two-hundred-foot
radius, regardless of whether or not the owner resides thereon, unless
the Zoning Board of Appeals has definite knowledge of other addresses
of absentee owners. Notice of the hearing shall also be sent to the
Common Council member of the zoning district within which the property
described in the application is located. Compliance with this subsection
shall not be a condition precedent to proper legal notice, and no
hearing or action taken thereon shall be deemed invalid or illegal
because of any failure to mail the notices provided for in this section.
(b)
The Zoning Board of Appeals shall reach a decision within 60
days after the final hearing. Upon the hearing, any party may appear
in person or by agent or attorney. The Zoning Board of Appeals may
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and shall make such order,
requirement, decision or determination as in its opinion ought to
be made on the premises and to that end shall have all powers of the
officer from whom the appeal is taken.
(6)
The Zoning Board of Appeals shall notify the Common Council, City
Code Enforcement Officer and City of Oneonta Planning Commission of
each special extension, interpretation and each variance granted under
the provisions of this chapter.
C.
Powers and duties. The Zoning Board of Appeals shall exercise all
the powers and duties in a manner now and hereafter prescribed by
law, including the following:
(1)
Interpretation. On direct appeal from a determination of the City
Code Enforcement Officer, the Zoning Board of Appeals may hear and
decide questions where it is alleged there is an error in any order,
requirement, decision or determination made by the City Engineer involving
the interpretation of the zoning ordinance.
(2)
Use variance. On direct appeal from a determination of the City Code
Enforcement Officer may grant a variance where the property owner
can show that his property meets the criteria for a use variance established
by the State of New York.
(3)
Special extension. On direct application, supplementing an application
to the City Engineer for a building permit or certificate of occupancy,
the Zoning Board of Appeals may grant a special extension for the
expansion or extension of a nonconforming use. Such application for
special extension shall follow procedures for the granting of a use
variance.
(4)
Area variance. In cases where relief is sought by area variance,
the Zoning Board of Appeals may grant such area variance as defined
by New York State Law.
Any owner, tenant, or occupant of any building or land who commits,
participates in, assists, directs, creates or maintains any situation
that is in violation of the terms and provisions of this chapter may
be issued a citation by the Code Enforcement Officer.
A.
Penalties.
(1)
Whenever a ticket or summons of such violation of this chapter has
been served, each day the offender continues such a violation after
such notification shall constitute a separate offense punishable by
a like fine or penalty.
(2)
Additional tickets will not be issued if:
(a)
The violation is actively being cured pursuant to a written
plan, including a clear time frame and deadline, accepted by the Code
Enforcement Officer. Failure to actively cure the violation as specified
in the plan shall reactivate the enforcement process at the point
where discontinued; or
(b)
A complete application has been submitted to the applicable
board or commission to bring the violation into conformance until
after the board or commission renders a decision.
B.
Remedies. Appropriate actions and proceedings may be taken by law
or in equity 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. Other administrative remedies may include:
(1)
Cease and desist orders. The City Code Enforcement Officer shall
have the authority to issue cease and desist orders in the form of
written official notices given to the owner of the subject building,
property, or premises, or to his agent, lessee, tenant, contractor,
or to any person using the land, building, or premises where such
violation has been committed or shall exist.
(2)
Permit issuance. No building permit or special use permit shall be
issued by the City for any purpose except in compliance with the provisions
of this chapter and other applicable chapters and laws.
(3)
Permit revocation. The Code Enforcement Officer may revoke a building
permit or special use permit in those cases where determination has
been duly made that false statements or misrepresentations existed
as to material fact in the application or plans upon which the permit
or certificate was based.
(4)
Permit suspension. The Code Enforcement Officer may suspend a building
permit or special use permit in those cases where determination has
been duly made that an error or omission on either the part of the
permit, applicant or government agency existed in the issuance of
the permit or certificate approval. A new permit or certificate may
be issued in place of the suspended permit or certificate after correction
of the error or omission.
(5)
Notice and appeal. All City decisions concerning the issuance, revocation,
or suspension of a building or special use permit, as well as decisions
pertaining to administrative interpretations of this chapter, shall
be stated in official written notice to the permit applicant. Any
decision may be appealed to the Zoning Board of Appeals.
A.
Authority. Pursuant to § 83 of the General City Law and
other applicable provisions of law, the Common Council may from time
to time on its own motion or on petition, after public notice and
hearing, amend, supplement, repeal or change the regulations and districts
established under this chapter.
B.
Referral to Planning Commission. Every proposed amendment or change initiated by the Common Council or by petition shall be referred to the City of Oneonta Planning Commission for report thereon before the public hearing required by law. In recommending the adoption of any such proposed amendment, the Planning Commission may state its reasons for such recommendation, describing any conditions that it believes make the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan for the City, and be in furtherance of the purposes set forth in § 300-2 of this chapter. In recommending the rejection or revision of any proposed amendment or change, the Planning Commission may similarly state its reasons. Failure on the part of the Commission to report its recommendations with respect to any proposed amendment or change to the Common Council within 45 days after the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated.
C.
Referral to County Planning Department. The City Clerk shall promptly
transmit to the Otsego County Planning Department any matters required
to be referred pursuant to the provisions of §§ 239-l
and 239-m of the General Municipal Law.
A.
When an area variance is granted by the Zoning Board of Appeals which
enables an applicant to do construction which requires a building
permit, or a use variance is granted by the Zoning Board of Appeals
and construction which requires a building permit is necessary for
conversion to the use for which the variance is granted, and the applicant
has not obtained a building permit to construct the building or part
thereof for which the variance has been granted and initiated the
construction work within five years from the date of the granting
of the variance, said variance shall become void.
B.
When an area variance is granted by the Zoning Board of Appeals which
enables an applicant to do construction which requires a building
permit, or a use variance is granted by the Zoning Board of Appeals
and construction which requires a building permit is necessary for
conversion to the use for which the variance is granted and a building
permit to construct the building or part thereof for which the variance
has been granted has been obtained, and the construction has not been
substantially completed prior to the expiration of the building permit,
said variance shall become void.
