A.
Enforcement officer. It shall be the duty of the Zoning Enforcement
Officer, who shall be appointed by the Town Board, to enforce the
provisions of this chapter and of all rules, conditions and requirements
adopted or specified pursuant thereto. The Building Inspector shall
serve as the Zoning Enforcement Officer and, along with an authorized
deputy (including the Fire Inspector), unless a different Zoning Enforcement
Officer and deputy is assigned by the Town Board.
B.
Powers and duties of the Zoning Enforcement Officer.
(1)
The Zoning Enforcement Officer, or an authorized deputy, shall have
the right to enter any building or enter upon any and all land at
any reasonable hour as necessary in the execution of his or her duties,
provided that:
(a)
The Zoning Enforcement Officer, or authorized deputy, shall
display identification signed by the Town Supervisor upon commencing
an inspection.
(b)
The Zoning Enforcement Officer, or authorized deputy, shall
first make reasonable efforts to alert any occupants present at the
time of the inspection to identify himself or herself and the reason
for the inspection.
(2)
The Zoning Enforcement Officer shall keep a record of every identifiable
complaint of a violation of any of the provisions of this chapter
and of the action taken on such complaint. These records shall be
public records.
(3)
The Zoning Enforcement Officer, or authorized deputy, are authorized
to issue desk appearance tickets as defined in § 150.10
of the Criminal Procedure Law of the State of New York to enforce
the provisions of this chapter and all rules, conditions, and requirements
adopted or specified pursuant thereto. Such desk appearance ticket
shall be returnable within 30 days in the Town of Esopus Justice Court.
(4)
The form of the desk appearance ticket issued by the Zoning Enforcement
Officer, or authorized deputy, shall be governed by the Criminal Procedure
Law and the Uniform Justice Court Act of the State of New York. The
content of such appearance ticket and the method of prosecution thereunder
shall always be subject to the Criminal Procedure Law and the Uniform
Justice Court Act of the State of New York.
(5)
In January of each year the Zoning Enforcement Officer shall annually
submit to the Town Board a written report summarizing all complaints
of violations and actions taken as a result of such complaints since
the date of the last report.
C.
Penalties for offenses.
(1)
Any person committing an offense against any provision of this chapter
or violating any provision or requirement of any statement, site plan,
application, permit or certificate approved under the provisions of
this chapter shall be punishable by a fine not exceeding $2,500 or
imprisonment for a period not to exceed 15 days, or both.
(2)
The owner of premises shall be responsible for compliance with all
the requirements of this chapter, and it is no defense that the culpable
action or failure to act may have been done by others. The foregoing
notwithstanding, any person who commits or takes part or assists in
a violation or who maintains any building or premises in which any
such violation exists shall also be guilty of a violation.
(3)
Written notice of any alleged violation of this chapter shall be
given by mail, at the address listed on the most recent assessment
roll for the Town of Esopus, or personal service to the record owner
of the subject premises at least five days prior to the commencement
of any proceeding to enforce any provision of this chapter; provided,
however, that such notice shall not be required where, in the judgment
of the Zoning Enforcement Officer, or authorized deputy, that the
alleged violation constitutes a threat to life, health or safety,
in which case no such notice shall be required.
(4)
Taking emergency action. If in the opinion of the Zoning Enforcement
Officer, or authorized deputy, a violation exists which requires immediate
action to avoid a direct hazard or eminent danger to the health, safety
or welfare of the occupants of a building or to other persons, the
Zoning Enforcement Officer, or authorized deputy, may direct that
such a violation immediately be remedied or may take such action on
her or his own initiative to abate the hazard. Any costs incurred
by such action shall be paid by the owner, occupant or person responsible
for the violation. The Zoning Enforcement Officer, or authorized deputy,
shall keep on file an affidavit stating with fairness and accuracy
the items of expense, including actual time expended by Town personnel
on such enforcement, and date of execution of action taken.
(5)
Each and every day that a violation continues shall constitute a
separate offense.
(6)
Each of the provisions of this chapter is hereby readopted without
substantive change by local law, pursuant to the Municipal Home Rule
Law of the State of New York. The provisions of this chapter, and
the provisions establishing penalties for violating this chapter,
shall supersede the provisions of the Town Law to the extent that
they are inconsistent therewith.
D.
Additional remedies.
(1)
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 Board, in addition to other remedies, may institute an appropriate
action or proceeding to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use, to restrain,
correct or abate such a violation, to prevent the occupancy of such
building, structure or land, or to prevent any illegal act, conduct,
business or use in or about the premises. The Zoning Enforcement Officer
shall serve notice by posting in a conspicuous location on the property
that is the subject of the violation and either personally on the
owner or by mail, at the address listed on the most recent assessment
roll for the Town of Esopus, on the person or corporation committing
or permitting the same, and if such violation does not cease within
such time as the Zoning Enforcement Officer may specify and a new
certificate of occupancy is not obtained, he shall, with the authorization
of the Town Board, institute such of the foregoing actions as may
be necessary to terminate the violation.
(2)
In addition to any other remedies set forth herein authorizing the
Town to enforce the provisions of this chapter, establishing penalties,
and setting forth additional remedies, the Town may seek a civil penalty
not to exceed $1,000 per day for each day of the violation.
No building in any district shall be erected, reconstructed, restored, or structurally altered, nor shall there be any physical disturbance and alterations of the site, including, but not limited to filling, cutting and excavations, and clearing of vegetation, without a building permit duly issued upon application to the Zoning Enforcement Officer/Building Inspector, in accord with Chapter 56 of the Town Code.
A.
Every application for a building permit shall be submitted on forms
issued by the Zoning Enforcement Officer/Building Inspector and shall
contain the data and plans required and be accompanied by the fee
established therefor by the Town Board.
B.
No building permit shall be issued for any building where the site
development plan of such building is subject to approval by the Planning
Board, except in conformity with the plans approved by said Board.
C.
No building permit shall be issued for a building to be used for
any conditional use in any district where such use is allowed only
by approval of the Planning Board unless and until such approval has
been duly granted by the Planning Board.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Zoning Enforcement Officer/Building Inspector in accord with Chapter 56 of the Town Code:
B.
No certificate of occupancy shall be issued for any conditional use
of a building or of land requiring conditional use approval by the
Planning Board or for any land or use requiring site development plan
approval by the Planning Board unless and until such conditional use
or site development plan approval has been duly granted by the Planning
Board. Every certificate of occupancy for which conditional use or
site development plan approval has been granted or in connection with
which a variance has been granted by the Zoning Board of Appeals shall
contain a detailed statement of any condition to which the same is
subject.
C.
On a form furnished by the Zoning Enforcement Officer/Building Inspector,
application for a certificate of occupancy for a new building or for
an existing building which has been altered shall be made after the
erection of such building or part thereof has been completed in conformity
with the provisions of this chapter and, in the case of a new building,
shall be accompanied by an accurate plot plan or, if not available,
by a survey proposed by a licensed land surveyor or engineer showing
the location of all buildings as built. Such certificate shall be
issued within 10 days after receipt of the properly completed application,
but only provided that the application states that all requirements
of all other applicable codes or ordinances in effect are complied
with.
D.
If the proposed use is in conformity with the provisions of this
chapter and of all other applicable codes and ordinances, a certificate
of occupancy for the use of vacant land shall be issued by the Zoning
Enforcement Officer/Building Inspector within 10 days after receipt
of a properly completed application. If a certificate of occupancy
is denied, the Zoning Enforcement Officer/Building Inspector shall
state the reasons, in writing, to the applicant.
E.
In regard to those uses which are subject to the performance standards
procedure, the following requirements shall also apply:
(1)
Any normal replacement or addition of equipment and machinery not
affecting the operations or the degree or nature of dangerous and
objectionable elements emitted shall not be considered a change of
use.
(2)
After occupancy, if there occur continuous or frequent, even though
intermittent, violations of the performance standards and other provisions
for a period of five days, without bona fide and immediate corrective
work, the Zoning Enforcement Officer/Building Inspector shall suspend
or revoke the occupancy permit of the use, and the operation shall
immediately cease until it is able to operate in accordance with these
regulations, at which time the occupancy permit shall be reinstated.
(3)
The Zoning Enforcement Officer/Building Inspector shall investigate
an alleged violation of the performance standards, and, if there are
reasonable grounds to believe that a violation exists, he shall investigate
the alleged violation and for such investigation may, with the approval
of the Town Board, employ qualified experts. A copy of said findings
shall be forwarded to the Town Board. The services of any qualified
experts employed by the Town to advise in establishing a violation
shall be paid by the violator if it shall be determined that a violation
is proved and otherwise by the Town. No new certificate of occupancy
shall be issued unless such charges have been paid to the Town.
A.
Statement of intent.
(1)
The Town of Esopus can incur significant expenses in the operation
of the Town Board, Planning Board, the Zoning Board of Appeals and
the office of the Zoning Enforcement Officer/Building Inspector.
(2)
These expenses include, but are not limited to, administrative, legal
and technical review costs, as follows:
(a)
Administrative costs include, but are not limited to, processing
applications, consultations among municipal officers and officials
regarding the facts and circumstances of the application, the preparation
of hearing notices, the publication of hearing notices, providing
notice to other governmental agencies, the preparation of affidavits
of posting and publication, the preparation and maintenance of official
records regarding the application and municipal officials at public
hearings, the processing of resolutions and determinations, filing
fees and miscellaneous services and disbursements.
(b)
Legal costs include, but are not limited to, application review,
the review and analysis of applicable zoning law provisions, the review
and analysis of applicable subdivision regulations, the preparation
of hearing notices, attendance at meetings and public hearings, the
preparation of resolutions and determinations, the preparations of
SEQR determinations, the review of bonds for public improvements,
the review of offers of dedication, the review of deeds and miscellaneous
services disbursements.
(c)
Technical review costs include the review of plans at various
stages, the analysis of layout and public improvements, the preparation
of reports, design analysis, the review of environmental assessments,
inspection fees, the preparation of improvement costs estimates, the
examination of property descriptions and miscellaneous services and
disbursements.
(3)
When these expenses are occasioned in connection with an appeal,
application or petition made by an applicant to the Town or an instrumentality
of the Town, then it is proper and in the public interest for the
applicant to bear the cost of these expenses.
B.
Types of fees.
(1)
Applications and petitions. A fee shall accompany any application
or petition to the following Town agencies and officials listed below.
Such application fee shall be in accord with a fee schedule adopted,
and as may be subsequently amended, by resolution of the Town Board.
Said schedule shall be maintained by the Town Clerk.
(2)
Additional fees for certain planning and zoning reviews. For certain applications the Planning Board, Town Board and Zoning Board of Appeals will require professional expert resources in order to make final determinations on said applications. The costs of these professional resources shall be borne by the applicant. The standards and criteria for imposition of such additional fees, and the manner in which such fees are to be paid, shall be in accord with Chapter 71 of the Town of Esopus Code (L.L. No. 3-1991), A Local Law to Compensate the Town of Esopus for the Cost of Certain Planning and Zoning Reviews, and any amendments thereto.
(3)
Environmental impact statement review. In the event that the proposed
action has been determined by a Town agency acting as lead agency
to have a potential significant effect upon the environment, as provided
for in § 617 of the New York Code of Rules and Regulations
(SEQR), and an environmental impact statement must then be prepared
and submitted, the applicant shall pay the reasonable fees, disbursements
and/or cost incurred by professional experts in the course of review
of said environmental impact statement.
C.
Reacquaintance fees. Whenever an extension is necessary to prevent
an approval from lapsing, as specified in this law, or becoming otherwise
void, the first such request for an extension shall be processed at
no charge, and the second and each subsequent request for an extension
shall be processed only upon prior payment of the fees established
by resolution by the Town Board.
D.
Abatement not to be granted. No abatement of fees shall be granted
as a result of an applicant's seeking more than one approval
or submitting more than one application in connection with a particular
project.
E.
Amendments to approved plans to be deemed new applications. Whenever
an application is submitted to amend an approved plan or permit, it
shall be deemed a new application, and the fees specified pursuant
to this section shall apply.
