A.
It shall be the duty of the Building Inspector, who for the purposes of this chapter shall be known as the "Zoning Enforcement Officer," to keep a record of all applications for permits and a record of all permits issued; to review and issue zoning permits; and to administer and enforce the provisions of this Zoning Ordinance and other applicable local, state and federal laws as established in Chapter 127, Building Construction and Fire Prevention, of the City of Watervliet Code.
B.
It shall be the duty of the Zoning Enforcement Officer, any duly
authorized assistants, and the Code Enforcement Officer to enforce
the provisions of this chapter and to enforce any determination of
the Zoning Board of Appeals and/or the Planning Board.
C.
Should the Zoning Enforcement Officer be in doubt as to the meaning or intent of any provisions of this chapter, or as to the location of any district boundary line on the Zoning Map, or as to the propriety of issuing a zoning permit in a particular case related to the provisions of this chapter, the Zoning Enforcement Officer shall appeal the matter to the Zoning Board of Appeals for interpretation or decision.
B.
Building permit. If a change of use involves the construction, alteration or expansion of a structure, a building permit shall also be required pursuant to Chapter 127, Building Construction and Fire Prevention, of the City of Watervliet Code. Zoning and building permits may be applied for simultaneously with one approval process.
C.
Steps to obtain zoning permit.
(1)
Any person intending to undertake a change in use of a building shall
apply to the Zoning Enforcement Officer for a zoning permit by submitting
the appropriate application form and paying the required fee as established
by the City Council.
(2)
The Zoning Enforcement Officer shall grant or deny the permit as
provided or refer the application to the Zoning Board of Appeals if
a special use permit and/or the Planning Board if a site plan approval
is required.
(3)
If a zoning permit or combined zoning/building permit is issued, the applicant may proceed to undertake the action permitted upon submission of any required fee as established by the City Council. Upon completion of any construction, the applicant shall apply to the Building Inspector for a certificate of occupancy (for building permits only) as prescribed in Chapter 127, Building Construction and Fire Prevention, of the City of Watervliet Code.
(4)
If the Zoning Enforcement Officer denies a zoning permit and does
not refer the application to the Planning Board or Board of Appeals,
the applicant may appeal to the Zoning Board of Appeals.
D.
Action upon zoning permit applications.
(1)
The Zoning Enforcement Officer shall promptly review a zoning permit
application and approve, deny, or refer the application to the Planning
Board if site plan review is required or the Zoning Board of Appeals
if a special use permit is required. The Zoning Enforcement Officer
shall provide a written reason for any denial. A copy of the approved
or disapproved application shall be delivered or mailed certified
mail, return receipt requested, to the applicant.
(2)
An application with the approval of the Zoning Enforcement Officer
shall constitute the zoning permit, which shall become effective when
the Zoning Enforcement Officer has filed written approval of the permit
application in the office of the City Clerk. A copy of the zoning
permit shall be placed in the permanent property file for the property.
E.
Appeal.
An appeal may be made to the Zoning Board of Appeals from any decision
of the Zoning Enforcement Officer within 60 days of the decision.
F.
Termination
of zoning permit. An approved zoning permit shall terminate and become
void if there is no construction or commencement of the new use within
12 months of the date of approval.
A.
Violations.
(1)
It shall be a violation of this chapter for any person or corporation,
whether as owner, lessee, architect, contractor or builder, or the
agent or employee of any of them, to commit one or more of the following
acts:
(a)
Erect, construct, alter, enlarge, convert or move any building
or structure or any part thereof without a building permit;
(b)
Use any building, structure or land appurtenant to such building
or structure without having obtained building permits, change of use
permits or certificates of occupancy that are required under this
chapter;
(c)
Fail to comply with any condition or other provision of a building
permit, zoning permit, certificate of occupancy, order or any statement
or plan submitted to the City and approved thereby; or
(d)
Fail to comply with any of the regulations and provisions of
this chapter.
(2)
Complaints and investigations. Whenever a suspected violation of
this chapter occurs, any person may file a signed written complaint
reporting such violation to the Zoning Enforcement Officer. The Zoning
Enforcement Officer shall investigate any written complaint made to
his/her office. All written complaints shall be properly recorded,
filed, and promptly investigated by the Zoning Enforcement Officer.
(3)
Notice of violation. Upon finding there to be a violation of this
chapter, the Zoning Enforcement Officer shall transmit a written notice
of violation either personally or by regular mail, addressed to the
owner of the property upon which the alleged violation occurs, to
his/her last known address as shown by the records of the Assessor's
office of the City of Watervliet or the applicable County Clerk or
County Register, describing the alleged violation. Copies of the notice
of violation shall be submitted to the City Clerk and Corporation
Counsel. The notice of violation shall require an answer or correction
of the alleged violation to the satisfaction of the Zoning Enforcement
Officer within a reasonable time limit set by the Zoning Enforcement
Officer. The notice shall state that failure to reply or to correct
the alleged violation to the satisfaction of the Zoning Enforcement
Officer within the time limit constitutes admission of a violation
of this chapter. The notice shall further state that, upon request
of those to whom it is directed, technical determinations of the nature
and extent of the violation as alleged will be made and that, if a
violation as alleged is found, costs of the determinations will be
charged against those responsible, in addition to such other penalties
as may be appropriate, and that, if it is determined that no violation
exists, costs of determination will be borne by the City.
(4)
Notice of compliance. If, within the time limit set, there is no
reply but the alleged violation is corrected to the satisfaction of
the Zoning Enforcement Officer, a "notation of compliance" shall be
made on the Zoning Enforcement Officer's copy of the notice.
(5)
Noncompliance. If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Zoning Enforcement Officer within the time limit set, the Zoning Enforcement Officer shall take action in accordance with § 272-84B and C below.
(6)
Records. A permanent record of all notices of violation and their
disposition shall be kept in the office of the Zoning Enforcement
Officer.
B.
Abatement.
(1)
The Zoning Enforcement Officer may initiate appropriate action in
City Court through the office of the Corporation Counsel to prevent
a violation of this chapter, or to restrain, correct or abate such
violation, or to prevent any illegal act, conduct, business or use
in or about a building, structure or land.
(2)
The imposition of a fine and/or civil penalty shall not preclude
the enforced removal of prohibited conditions by any appropriate remedy,
including immediate application for injunctive relief in any court
of competent jurisdiction, together with reasonable legal fees, costs
and disbursements of such action.
(3)
The value of the work and materials required by the City to remedy
prohibited conditions shall be paid by the City of Watervliet, and
the cost thereof shall be a lien against the property concerned and
shall be collected by the City like other taxes and assessments.
C.
Penalties.
(1)
The failure to abate or cure a violation within the time period set in the notice of violation shall subject the recipient of the notice to a fine or civil penalty as provided in Chapter 1, § 1-15, Penalties for offenses, together with the costs of enforcement, as provided in this Subsection B(2) above.
(2)
When a judgment is obtained by the City in an action to recover fines
or civil penalties under this section, the monetary amount of such
judgment shall become a lien upon the real property on which the violation(s)
have been found, which lien shall be filed with the Director of Finance
within one year from the entry of judgment, and the total amount thereof
shall be added to and become a part of the next annual assessment
roll at the time and in the manner prescribed by the Charter of the
City and subject to all of the provisions thereof. Nothing herein
shall preclude the City from enforcing such judgment by any other
appropriate method established under the laws and rules of this state.
