A.
This chapter shall be enforced by the Code Enforcement Officer (CEO)
who shall be appointed by the Town Board. No building permit or certificate
of occupancy shall be issued by him or her, except where all the provisions
of this chapter have been complied with.
B.
The CEO shall have the following powers and duties:
(1)
To receive and review for Zoning Law compliance, and for clerical completeness, all applications for a special use permit, site plan review pursuant to the provisions of this chapter. If the Code Enforcement Officer determines that the application meets all requirements of the Zoning Law, the CEO shall forward the application to the Planning Board for further review in accordance with the provisions of the Zoning Law and/or Land Subdivision Regulations. If the CEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the CEO shall deny the application and notify the applicant that he/she may appeal the CEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article VIII of this chapter.
(2)
Upon approval of any application by the Planning Board for a
special use permit, site plan approval, or for any other change in
use requiring the issuance of a building permit, the CEO is authorized
to issue a zoning permit without additional application by the project
sponsor. A zoning permit is a document that acknowledges that a proposed
use or structure complies with the Busti Zoning Law or authorized
variance thereof. Such zoning permit shall include all standards and
conditions imposed by the Planning Board.
(3)
To conduct inspections necessary to the investigation of complaints
and all other inspections required or permitted under any provision
of this chapter, and to request and inspect any records or documents
authorized pursuant to the provisions of this chapter.
(4)
To issue stop work orders, notices of violations and compliance orders, and to revoke permits issued pursuant to Zoning Law Article VIII in accordance with the provisions of that section governing permit revocation.
(5)
To accept complaints of violations from citizens and public
officials to document and follow up on violations encountered during
the course of inspections or through general observation in the community,
to investigate potential violations, and where necessary in the discretion
of the Town, to commence enforcement of the Zoning Law.
(7)
To maintain records.
(8)
To collect fees set by the Town Board.
(9)
To pursue administrative and civil enforcement actions and proceedings
and/or criminal proceedings to enforce the provisions of this chapter.
(10)
To consult with the Town Attorney about pursuing such legal
actions and proceedings as may be necessary to enforce the provisions
of the Zoning Law.
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
C.
Appointment and qualifications. The Code Enforcement Officer shall
be appointed by the Town Board. The Code Enforcement Officer shall
possess background, skills, training and experience relating to the
interpretation, application and enforcement of zoning laws and laws
commensurate with the responsibilities of the position and shall,
within the time period prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York and the Town shall require for Zoning Enforcement
personnel. The Town Board may also appoint a Deputy Code Enforcement
Officer who shall have the same duties and authority as those conferred
upon the CEO by the Town Board. Such Deputy shall also have the qualifications,
training, and skills commensurate with the responsibilities of the
Code Enforcement Officer position.
D.
Acting Code Enforcement Officer. In the event the CEO is unable to
serve for any reason, an Acting Code Enforcement CEO shall be appointed
by the Town Board to serve as Acting Code Enforcement Officer. The
Acting Code Enforcement Officer shall possess background and experience
relating to the interpretation, application and enforcement of zoning
laws and shall, after being appointed by the Town Board, obtain such
basic training, in service training, advanced in-service training
and other training as the State of New York and the Town shall require
for Zoning Enforcement personnel. The Acting Code Enforcement Officer
shall, during the term of his or her appointment, exercise all powers
and fulfill all duties conferred upon the CEO by this chapter.
E.
Compensation. Compensation of the Code Enforcement Officer shall
be reviewed annually by the Town Board.
F.
Authority to issue stop work orders. The Code Enforcement Officer
is authorized to issue stop work orders pursuant to this Article for
any work that is determined by the Code Enforcement Officer to be
conducted in violation of the Zoning Law, including, but not limited
to, work being conducted on land and/or work being conducted on a
building or structure for which a special use permit or site plan
approval is required but has not been obtained.
H.
Service of stop work order. The CEO shall cause the stop work order,
or a copy thereof, to be served on the owner of the affected property
(and, if the owner is not the permit holder, on the permit holder)
personally or by registered or certified mail. The CEO shall be permitted,
but not required, to cause the stop work order, or a copy thereof,
to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work affected by the stop work order,
personally or by registered or certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the stop work order.
I.
Effect of stop work order. When a stop work order is issued, the
owner of the affected property, the permit holder and any other person
performing, taking part in or assisting in the work shall immediately
cease all work that is the subject of the stop work order.
J.
Complaints. The CEO shall review and investigate complaints that
allege or assert the existence of conditions or activities that fail
to comply with this chapter. The process for responding to a complaint
shall include any of the following steps the CEO may deem to be appropriate:
(1)
Performing an inspection of the property, conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
(2)
If a violation is found to exist, providing the owner of the
affected property, and any other person who may be responsible for
the violation, with notice of the violation and opportunity to abate,
correct or cure the violation, or otherwise proceeding in the manner
authorized in § 450-1101M (Violations) of this chapter;
(3)
If appropriate, issuing a stop work order and/or compliance
order;
(4)
If a violation that was found to exist is abated or corrected,
performing an inspection to ensure that the violation has been abated
or corrected, preparing a final written report reflecting such abatement
or correction, and filing the report with the complaint; and
(5)
Notify the complainant about the outcome of any investigation
initiated as a result of their complaint.
K.
Recordkeeping.
(1)
The CEO shall keep permanent official records of all transactions
and activities that he/she conducts and those conducted by members
of his office, including records of:
(a)
All applications received, reviewed and approved or denied;
(b)
All plans, specifications and construction documents approved;
(c)
All zoning permits, temporary certificates, stop work orders,
operating permits, and certificates of use issued;
(d)
All inspections and tests, including all third-party inspections
and tests, required and performed;
(e)
All statements and reports issued and a master list of all reports
to be received;
(f)
All complaints received;
(g)
All investigations conducted;
(h)
All other features and activities specified in or contemplated
by this Section of the Zoning Law; and
(i)
All fees charged and collected.
(2)
All records shall be public records open for public inspection
during normal business hours, except for records exempted from disclosure
under the New York State Public Officers Law (Freedom of Information
Law) or documents which are protected by attorney-client privilege.
All records maintained by the CEO shall be kept in an organized manner
calculated to allow easy and efficient review by Town officials or
the public. All plans and records pertaining to buildings or structures,
or appurtenances thereto, shall be retained for at least the minimum
time period so required by State law and regulation. The CEO shall
periodically check all reports and plans to ensure that appropriate
action, if needed, is taken.
L.
Program review and reporting. The CEO along with the Deputy CEO shall
annually submit to the Town Board a written report and summary of
all business conducted by the CEO office, including a report and summary
of all transactions and activities described in § 450-1101K
(Recordkeeping) of this chapter and a report and summary of all appeals
or litigation pending or concluded.
M.
Violations.
(1)
The CEO is authorized to order in writing the remedying of any
condition or activity found to exist in, on, or about any building,
structure, property or premises in violation of this chapter. Upon
finding that any violation exists, the officer shall issue a compliance
order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated, shall identify the CEO, and be signed by the CEO;
(c)
Specify the condition or activity that violates this chapter;
(d)
Specify the provision or provisions of this chapter that is/are
violated by the specified condition or activity;
(e)
Specify the period of time the CEO believes is reasonably necessary
for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The CEO shall cause the compliance order, or a copy thereof,
to be served on the owner of the affected property personally or by
registered or certified mail. The Officer shall be permitted, but
not required, to cause the compliance order, or a copy thereof; to
be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
personally or by registered or certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
N.
Appearance tickets. The CEO is authorized to issue appearance tickets
for any violation of the Zoning Law.
O.
Civil penalties. In addition to those penalties authorized by State
law, any person who violates any provision of this chapter shall be
liable for a civil penalty of not more than $200 for each day or part
thereof during which such violation continues. The civil penalties
provided by this subdivision shall be recoverable in an action instituted
by the Town of Busti.
P.
Criminal penalties and enforcement. Any violation of the Zoning Law
is hereby declared to be an offense punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; upon 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, or imprisonment
for a period not to exceed six months, or both; and upon conviction
of a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700, nor
more than $1,000, or imprisonment for a period not to exceed six months,
or both. For the purpose of conferring jurisdiction upon the Courts
and judicial officers generally, violations of the Zoning Law shall
be deemed misdemeanors and for such purpose only, all provisions of
law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
Q.
Injunctive relief. An action or proceeding may be instituted by the
Town, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any provision
of this chapter. No court action or proceeding shall be commenced
without the appropriate authorization from the Town Board. In particular,
but not by way of limitation, where the construction or use of a building
or structure is in violation of any provision of this chapter, or
any Stop Work Order, Compliance Order or other order obtained under
this chapter, an action or proceeding may be commenced in the name
of the Town, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions.
R.
Remedies not exclusive.
(1)
No remedy or penalty specified in this Article shall be the
exclusive remedy or penalty available to address any violation described
in this article, and each remedy or penalty specified in this article
shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified this section or in any
other applicable law. Any remedy or penalty specified in this article,
including stop work orders, may be pursued at any time, whether prior
to, simultaneously with, or after the pursuit of any other remedy
or penalty specified in this article or any other applicable law.
(2)
In particular, but not by way of limitation, each remedy and
penalty specified in this article, including stop work orders, shall
be in addition to, and not in substitution for or limitation of, the
penalties specified in Subdivision (2) of § 381 of the New
York State Executive Law (Administration and Enforcement of the New
York State Uniform Fire Prevention and Building Code and the New York
State Energy Conservation and Construction Code), and any remedy or
penalty specified in this Article, including stop work orders, may
be pursued at any time, whether prior to, or simultaneously with,
or after the pursuit of any penalty specified in Subdivision (2) of
§ 381 of the New York State Executive Law.
S.
Permits.
(1)
Building permit. For zoning purposes, no new structure shall
be built, nor an existing structure enlarged or moved, no use of space
shall be changed, unless a building permit for such action has been
issued by the Code Enforcement Officer. A building permit shall expire
one year from the date of issue.
(2)
Prior to conducting any use on any property, the owner of such
property shall seek the review and issuance of the appropriate zoning
permit for permitted uses or referral of the matter to the appropriate
Board for review, by the Code Enforcement Officer.
T.
Matter accompanying application for permits.
(1)
Each application to the Code Enforcement Officer for a permit
to erect a new building or structure, to enlarge an existing one,
to move an existing one or change the use of an existing space, shall
be accompanied by a site plan showing measurements of the lot and
of all buildings, setbacks and parking spaces, existing and proposed,
the intended use or uses of the land and buildings, the area of disturbance
clearly delineated and quantified, and plans for provision of essential
services. In the case of nonresidential uses or multifamily uses,
the documentation shall be the same as required for site plan review.
For new construction without public sewers, no building permit shall
be issued unless the method of sewage disposal is approved by the
Town of Busti or County Board of Health, whichever is applicable.
U.
Schedule of fees. The Town Board, by resolution, shall establish
and amend from time to time, a schedule of fees for the applications
and permits required by this chapter. The current schedule shall be
on file with the Code Enforcement Officer and with the Town Clerk.
