[Amended 4-17-2007 by L.L. No. 2-2007]
A.
The Town Zoning Enforcement Officer shall administer
and strictly enforce all provisions of this chapter except where otherwise
specifically provided herein.
B.
Whenever any permit or other approval by the Town of Red Hook is required hereunder, processing of the application shall be coordinated by the Zoning Enforcement Officer with the Town Building Inspector, the Planning Board, the Zoning Board of Appeals or other responsible persons and agencies in accordance with the requirements of this chapter, Chapter 74[1] of the Town of Red Hook Town Code and other applicable
Town, county and state regulations governing building construction
and the use of land and buildings.
D.
One or more deputies may be appointed by the Town Supervisor, with the approval of the Town Board to act under the supervision and direction of the Zoning Enforcement Officer and to assist the Zoning Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Zoning Enforcement Officer by this chapter and by Chapters 68 entitled "Environmental Quality Review," Chapter 77 entitled "Flood Damage Prevention," Chapter 79 entitled "Food Trucks," Chapter 92 entitled "Noise," Chapter 117 entitled "Streets and Sidewalks," Chapter 120 entitled "Subdivision of Land," and Chapter 128 entitled "Trees" of the Code of the Town of Red Hook, and related regulations pertaining to the use and development of land and to the use of structures within the Town of Red Hook, including without limitation the conduct of inspections and the issuance of permits, appearance tickets, stop-work orders, and notices of violation, provided that any interpretation of the Zoning Law shall be issued or approved by the Zoning Enforcement Officer. The Building Inspector/Code Enforcement Officer and any Inspectors may be appointed as deputies pursuant to this provision.
[Added 11-10-2020 by L.L. No. 2-2020]
A.
Except as otherwise provided, it shall be the duty
of the Zoning Enforcement Officer to enforce the provisions of this
chapter and of all rules, conditions and requirements specified hereunder
by the Zoning Board of Appeals and the Planning Board.
B.
The Zoning Enforcement Officer shall review all applications
submitted to the Town of Red Hook pursuant to this chapter and shall
either act directly on the application or refer the application to
the appropriate agency or person.
C.
It shall be the duty of the Zoning Enforcement Officer
to issue zoning permits. It shall be the duty of the Zoning Enforcement
Officer to review building and demolition permits as to the conformance
of the intended construction or demolition with the requirements of
this chapter and notify the Building Inspector of his approval or
disapproval of such permits.
D.
The Zoning Enforcement Officer or a duly authorized
assistant shall have the right to enter upon, examine and inspect
or cause to be entered, examined and inspected any building or property
at any reasonable time for the purpose of carrying out his duties
and to determine compliance with the provisions of this chapter. A
written report of each such examination and inspection shall be prepared
on an appropriate form and kept on file by the Zoning Enforcement
Officer.
E.
The Zoning Enforcement Officer shall keep a record
of all applications for zoning permits and plans submitted therewith
and records of all related inspections and certificates of completion.
The Zoning Enforcement Officer shall also keep records of every identifiable
complaint of a violation of any of the provisions of this chapter
and of the action taken on each such complaint. These files and records
shall be public records.
F.
The Zoning Enforcement Officer shall report to the
Town Board at monthly intervals, summarizing for the period since
the previous report all significant actions taken in the administration
and enforcement of this chapter, including but not limited to zoning
permits issued, site plans and special use permits required, certificates
of occupancy issued and enforcement actions taken.
See Chapter 74 of the Red Hook Town Code.
A.
Issuance of zoning permits. Except as provided in § 143-18B of this chapter and § 74-5 of Chapter 74 as pertains to portable and other minor accessory structures, no property owner shall cause or otherwise permit a building or structure to be erected, altered, reconstructed or enlarged or excavation for any building begun or substantial alteration of or additions to facilities such as sewage disposal systems, electrical systems, water supply systems, including plumbing or drainage facilities, undertaken until the Zoning Enforcement Officer has issued a certificate stating that the proposed use complies with all applicable provisions of this chapter and the Building Inspector has issued a building permit stating that the proposed structure or modification of an existing structure complies with all applicable provisions of the New York State Uniform Fire Prevention and Building Code.[1] The property owner shall be responsible for all persons
undertaking such activity on his lands.
(1)
The application for a zoning permit shall be made
to the Zoning Enforcement Officer on forms provided by him and shall
be accompanied by the following information:
(a)
Three copies of a plot plan or the Planning Board approved site plan, if applicable, with the plot plan drawn to scale and accurately dimensioned and showing the location and size of all existing structures on the site, the nature of work to be performed and the materials to be incorporated, distance from lot lines and such other information as may be required by the Zoning Enforcement Officer to determine compliance with this chapter, including conformance with all required building setbacks set forth in Article IV or the District Schedule of Area and Bulk Regulations[2] and other applicable regulations, including the requirements
of the New York State Uniform Fire Prevention and Building Code.
[2]
Editor's Note: Said schedule is included at the end of this chapter.
(b)
To the extent such are not provided by the submitted
plot or site plan, the following data:
[1]
A statement of the use or occupancy of all parts
of the land and the building or structure.
[2]
The full name and address of the owner and the
applicant, and the names and addresses of their responsible officers
if any of them are corporations.
[3]
Such other information as may reasonably be
required by the Zoning Enforcement Officer to establish compliance
with the requirements of the applicable laws, ordinances, rules and
regulations.
(2)
The application shall be made by the owner, lessee
or agent of either the owner or lessee. Where such application is
made by a person other than the owner, it shall be accompanied by
an affidavit of the owner or applicant that the proposed use is authorized
by the owner and that the applicant is authorized to make such application.
(3)
Plans and specifications submitted shall bear the
signature of the person responsible for the design and drawings.
(4)
Upon issuance by the Zoning Enforcement Officer, the
zoning permit shall terminate and become void if there is no commencement
of the new use within six months of the date of approval.
C.
Issuance of certificates of occupancy.
(1)
Except as provided in § 143-18B of this chapter, no use shall be established or land or structure occupied or otherwise used until the Zoning Enforcement Officer has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter.
(2)
In particular, the following requirements shall be
strictly met:
(a)
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector stating that the building and its intended occupancy comply with the requirements of Chapter 74 of the Town of Red Hook Code and the New York Uniform Fire Prevention and Building Code and the intended use of the building and related lands has been reviewed by the Zoning Enforcement Officer and determined to be in conformance with all other applicable requirements of this chapter.
(b)
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied or used or, in the case of an established occupancy, shall continue to be occupied or used for more than 30 calendar days after the completion of the alteration or other work unless a certificate of occupancy shall have been issued by the Building Inspector stating that the building and its intended occupancy comply with the requirements of Chapter 74 of the Town of Red Hook Code and the New York State Uniform Fire Prevention and Building Code and the intended use of the building and related lands has been reviewed by the Zoning Enforcement Officer and determined to be in conformance with all other applicable requirements of this chapter.
(c)
No change shall be made in the specific use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector stating that the building and its intended occupancy comply with the requirements of Chapter 74 of the Town of Red Hook Code and the New York State Uniform Fire Prevention and Building Code and the intended use of the building and related lands has been reviewed by the Zoning Enforcement Officer and determined to be in conformance with all other applicable requirements of this chapter.
(d)
No use of land permitted as a principal or accessory
use under the District Schedule of Use Regulations[3] shall be established in any zoning district nor a change
in a specific existing use of land made prior to the issuance of a
certificate of occupancy by the Zoning Enforcement Officer stating
that the intended use has been determined to be in conformance with
all applicable requirements of this chapter. The above notwithstanding,
such certificate of occupancy shall not be required for those agriculture,
conservation or farm uses that are permitted in all zoning districts
under this chapter nor for the establishment of accessory uses customarily
incidental to principal residential uses.
[3]
Editor's Note: Said Schedule is included at the end of this chapter.
(e)
No home occupation or farm industry permitted
as an accessory use under the District Schedule of Use Regulations[4] and §§ 143-31 and 143-41D, respectively, of this chapter, shall be established prior to the issuance of a certificate of occupancy by the Zoning Enforcement Officer, which certificate shall be separate from the certificate of occupancy governing the principal residential or farm use of the premises. Prior to issuing a certificate of occupancy for any such use involving occupancy of a structure, the Zoning Enforcement Officer shall require that the applicant provide certification from the Building Inspector stating that the structure has been constructed and/or may be occupied for the intended purpose in accordance with applicable provisions of the New York State Uniform Fire Prevention and Building Code.
[4]
Editor's Note: Said schedule is included at the end of this chapter.
(f)
Every certificate of occupancy for which a special use permit or site plan approval has been granted by the Planning Board or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of any conditions to which the same is subject and include, by attachment, a copy of the applicable Board of Appeals and/or Planning Board decision. No such certificate of occupancy shall be issued prior to the applicant's compliance with related requirements set forth in §§ 143-112C, 143-120 and 143-121, respectively, of this chapter.
D.
Issuance of notices of violation. Whenever in the
opinion of the Zoning Enforcement Officer there appears, after proper
examination and inspection, to exist a violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto,
he shall on his own initiative serve or cause to be served a written
notice upon the appropriate person or persons responsible for such
alleged violation. Such notice shall inform the recipient of the nature
and specific details of such alleged violation and the date of compliance
by which the alleged violation must be remedied or removed, which
date shall be not more than 20 calendar days from the date of service
or such additional time as determined necessary by the Zoning Enforcement
Officer. Service shall be by registered mail addressed to the owner
as set forth on the latest assessment roll or the address on the application
for building permit or other Town approval. Service shall be completed
upon depositing said notice in a stamped envelope in a mail box maintained
by the United States Postal Service or upon personal service.
E.
Issuance of stop orders. Whenever the Zoning Enforcement
Officer, in the case of the use of any building or land, has reasonable
grounds to believe that such activity is occurring either in violation
of the provisions of this chapter, not in conformity with any application
made, permit granted or other approval issued hereunder or in an unsafe
or dangerous manner, the Zoning Enforcement Officer shall promptly
notify the appropriate person or persons responsible to suspend the
use of any such building, structure or land. Such persons shall forthwith
suspend such activity until such time that the stop order has been
rescinded, in writing, by the issuing party. Such order and notice
shall be in writing, shall state the conditions under which the use
may be resumed and shall be served by delivering it personally to
the person or persons responsible for the premises on which the violation
is occurring or by posting the same upon a conspicuous portion of
the building or the premises in use. In addition, a copy of the stop
order shall be sent to the owner by certified mail.
F.
Taking of emergency action.
(1)
If in the opinion of the Zoning Enforcement Officer
a violation exists which requires immediate action to avoid a direct
hazard or imminent danger to the health, safety or welfare of occupants
of a building or to other persons, the Zoning Enforcement Officer
may direct that such violation be immediately remedied or may take
direct action on his own initiative to abate the hazard.
(2)
Any costs incurred by such action shall be paid for
by the owner, occupant or person responsible for the violation. The
Zoning Enforcement Officer shall keep on file an affidavit stating
with fairness and accuracy the items of expense and date of execution
of action taken and is furthermore authorized to institute a suit,
if necessary, against the person liable for such expenses in order
to recover said costs.
A.
As provided by § 268 of the Town Law, violation
of any provision or requirement of this chapter or violation of any
statement, plan application, permit or certificate approved under
the provisions of this chapter shall be considered an offense punishable
by a fine of not more than $350 and/or imprisonment for not more than
six months for a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine of not less than $350 nor more than $700 and/or imprisonment
for not more than six months; and upon conviction for a third or subsequent
time within a period of five years, punishable by a fine of not less
than $700 nor more than $1,000 and/or imprisonment for a period of
not more than six months.
B.
The owner, general agent, contractor or lessee of a building, premises or part thereof where such violation has been committed or does exist and any agent, contractor, builder, architect, corporation or other person who commits, takes part or assists in such violation shall be individually liable for such an offense. All such penalties shall be collectible by and in the name of the Town. Each and every week that any such violation continues after notification that such violation exists shall constitute a separate chargeable offense. Such initial notice and subsequent weekly notice shall be given in accordance with § 143-132D herein.
(1)
Court action. The imposition of penalties herein prescribed
shall not preclude the Town from instituting an appropriate legal
action or proceeding in a court of competent jurisdiction to prevent
an unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use or to restrain by injunction, correct
or abate a violation or to prevent the illegal occupancy of a building,
land or premises.
(2)
Judgment for costs. The Town may request in any enforcement
proceeding commenced by it, in addition to the penalties, fines or
injunctive relief provided herein, a judgment for the costs of prosecuting
such action, including attorney fees, expert testimony and other reasonable
costs associated with the prosecution of such action.
C.
The Town Zoning Enforcement Officer shall administer
and strictly enforce all provisions of this chapter except where otherwise
specifically provided herein.
D.
The Town Zoning Enforcement Officer shall administer and enforce all provisions of this chapter except where otherwise specifically provided herein. Pursuant to the provisions of this article, adopted pursuant to Municipal Home Rule Law § 10(4)(a) and Criminal Procedure Law § 150.20, Police Officers, the Zoning Enforcement Officer and any deputies, are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Red Hook, when such officer has reasonable cause to believe a person has violated this chapter or any of the following chapters of the Town Code: Chapter 68 entitled "Environmental Quality Review," Chapter 77 entitled "Flood Damage Prevention," Chapter 79 entitled "Food Trucks," Chapter 92 entitled "Noise," Chapter 117 entitled "Streets and Sidewalks," Chapter 120 entitled "Subdivision of Land," and Chapter 128 entitled "Trees" and related regulations pertaining to the use and development of land and to the use of structures within the Town of Red Hook, and to prosecute the violation in Town Court. The content of such 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 11-10-2020 by L.L. No. 2-2020]
E.
All applications submitted pursuant to this chapter
shall be accompanied by the applicable fee in accordance with the
fee schedule established and annually reviewed by the Town Board.
