Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
[Amended 8-24-1994]
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate.
Any violation of this chapter or of any regulation or provision thereof shall be an offense punishable by a fine of not exceeding $250 or imprisonment for not more than 15 days, or both. Each and every week that a violation of this chapter is permitted to exist shall constitute a separate offense. This penalty shall be in addition to any other penalties or other remedies as may be provided by law.
The regulations, restrictions and boundaries established by this chapter may (from time to time) be amended, supplemented, changed, modified or repealed by ordinance in accordance with procedures provided in the Town Law. Such amendment, supplement, change, modification or repeal can be made on a motion by the Town Board or on the recommendation of the Planning Board or the Board of Appeals after a public hearing and due notice thereof. Every such proposed amendment shall be submitted to the Planning Board for a report and recommendation prior to the public hearing on the amendment(s).
Amendments shall be referred to the Niagara County Planning Board for recommendation if the amendment to this chapter would change the district classification or the regulations applying to real property lying within a distance of 500 feet from any boundary of the Town of Pendleton; or from the boundary of any existing or proposed county or state park or other recreation area; or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or from the existing or proposed right-of-way of any stream or drainage channel owned by the county (or for which the county has established channel lines); or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
Within 30 days after receipt of a full statement of such referred matter, the Niagara County Planning Board to which referral is made, or an authorized agent of said agency, shall report its recommendations to the referring municipal agency, accompanied by a full statement of the reasons for such recommendations. If the Niagara County Planning Board fails to report within such period of 30 days or such longer period as may have been agreed upon by it and the referring agency, the municipal body having jurisdiction to act may do so without such report. If the Niagara County Planning Board disapproves the proposal or recommends modification thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation, except by vote of a majority plus one of all the members of the municipal agency and after the adoption of a resolution fully setting the reasons for such contrary action.
Within seven days after final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipal agency shall file a report of the final action it has taken with the Niagara County Planning Board.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the highest standards, shall govern.