Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization, including adjustments by the Board of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceeding for revocation or nullification thereof.
[Amended 4-4-1988 by L.L. No. 6-1988]
A. 
This chapter shall be enforced by the Zoning Administrator and such deputy administrators as may be appointed by the Town Board.
B. 
The Zoning Administrator and any duly appointed deputy administrator shall, at reasonable times, be permitted access to any premises for the purpose of determining whether or not the provisions of this chapter or any approval made pursuant thereto, have been or are being complied with.
C. 
Desk appearance tickets.
[Added 5-21-2004 by L.L. No. 4-2004]
(1) 
The Building Inspector, Fire Inspector, Deputy Building Inspector, Zoning Administrator, and any duly appointed deputy administrators of the Town of Fishkill, provided that they are employees of the Town of Fishkill, are authorized, in all instances in which such officials are empowered to enforce a law or ordinance of the Town of Fishkill, to issue desk appearance tickets as defined in § 150.10 of the Criminal Procedure Law of the State of New York. Such desk appearance tickets shall be returnable within 30 days in the Town Justice Court for any violation of any provision of the Code of the Town of Fishkill under their respective jurisdictions.
(2) 
The form of the desk appearance ticket issued by the Building Inspector, Fire Inspector, Deputy Building Inspector or Zoning Administrator and any duly appointed deputy administrators of the Town of Fishkill pursuant to this Subsection C shall be governed by the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York. The content of such desk appearance ticket and the method of prosecution thereunder shall at all times be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.
[Amended 9-7-2005 by L.L. No. 8-2005]
A. 
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, such violation to be prosecuted and such penalties collected in the manner prescribed by law or ordinance effective in the Town. Each week's continued violation shall constitute a separate, additional violation. Nothing herein contained shall in any way limit or affect the penalties, both civil and criminal, provided for in any law or ordinance enacted and in effect pursuant to § 130, Subdivisions 15 and 23, of the Town Law.
B. 
The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any lessee, architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense and, upon conviction thereof, shall be fined or imprisoned as herein provided.
[Amended 9-6-1988 by L.L. No. 1-1988]
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, in violation of this chapter or any regulation made under authority conferred thereby, the Town Board or any Town officer designated by said Town Board, or the Zoning Administrator, in addition to other remedies, may institute an appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. The Zoning Administrator shall serve notice personally or by certified mail, addressed to the premises of such violation, on the person or corporation committing or permitting the same, and if such violation does not cease within such time as the Zoning Administrator may specify and a new certificate of occupancy is not obtained, he shall institute such of the foregoing actions as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.