A.
This chapter shall be enforced by a Zoning Inspector,
who is appointed by the Town Board and may be removed at the pleasure
of the Town Board.
B.
The Zoning Inspector shall have the power and duty
to administer and enforce the provisions of this chapter.
C.
An appeal from an action, omission, decision or ruling
by him regarding a requirement of this chapter may be made only to
the Zoning Board of Appeals.
D.
The Zoning Inspector shall have the power to:
(1)
Issue building permits and certificates of occupancy
where compliance is made with the provisions of this chapter and,
except on written order of the Board of Appeals, refuse to issue the
same in the event of noncompliance, giving prompt written notice of
such refusal and the reason therefor to the applicant.
(2)
Keep the Board of Appeals advised of all matters,
other than routine duties pertaining to the enforcement of this chapter,
and keep all records necessary and appropriate to this office and
file them in the office of the Town Clerk, including records of all
permits and certificates of occupancy issued or withheld.
(3)
Submit a report each month to the Town Board enumerating
the applications received and stating the action taken.
In case of any violation or threatened violation
of any of the provisions of this chapter or conditions imposed by
a building permit, in addition to other remedies herein provided,
the town may institute any appropriate action or proceedings to prevent
such unlawful erection, structural alteration, reconstruction, occupancy,
moving and/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.
A.
The Town Board for the Town of Moreau hereby grants the Zoning Inspector the administative responsibility of immediately terminating any actions according to § 149-62 of this Article by posting a stop-work order on the premises wherein the violation has occurred.
B.
The stop-work order shall serve notice to the owner,
builder, developer, agent and/or any other individual or business
on the premises that all such actions specified on the stop-work order
must be terminated immediately.
C.
Relief from the stop-work order can be realized as
follows:
(1)
If all provisions of this chapter, together with other
conditions specified by the Zoning Inspector, are met, then the Town
Board or Zoning Inspector may authorize the termination of the stop-work
order.
(2)
Except for cases involving site plan review, if a
variance is granted by the Zoning Board of Appeals permitting the
violations specified on the stop-work order to continue henceforth
as allowable, said administrative decision shall also specify the
conditions, if any, for the termination of the stop-work order.
Any permit or approval granted under this chapter which is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to affect the remedies available to the town under § 149-63 of this Article.
Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
shall be filed with the Zoning Inspector, who may require such complaint
to be in writing. The Zoning Inspector shall have the complaint properly
investigated and report thereon to the governing body.
[Amended 3-22-2011 by L.L. No. 2-2011]
A violation of this chapter is hereby declared
to be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
There shall be submitted with the application
for a building permit duplicate written copies of all the information,
building plans and plot plans necessary to enable the Zoning Inspector
to determine whether the proposed building and use of the premises
comply with the provisions of this chapter. One copy of such submitted
information or plans shall be returned to the applicant when approved
by the Zoning Inspector, or by the Board of Appeals or Planning Board
when their approval is necessary, together with such permit, upon
payment of a fee as set forth in the Building Code.[1]
A certificate of occupancy shall be issued within
10 days after any building erected, added to, altered or relocated,
or proposed change in use of any building or land, shall have been
approved as complying with the provisions of this chapter. Any new
certificate of occupancy voids any certificate of a prior date for
the same premises.
A.
After review and under such rules and regulations
as may be established by the Board of Appeals and filed with the Town
Clerk, a temporary certificate of occupancy for not more than one
year may be issued by the Zoning Inspector. The Board of Appeals shall
have the right to revoke any temporary certificate at its own discretion.
Such a certificate shall be required for:
B.
The Board of Appeals may, after public notice and
hearing, authorize the Zoning Inspector to issue a single renewal
of said temporary certificate of occupancy for a period of not more
than one additional year.
Unless otherwise stated, all petitions, applications
and appeals provided for in this chapter shall be made on forms prescribed
by the Planning Board and Zoning Board. Completed forms shall be accompanied
by whatever further information, plans or specifications as may be
required by such forms.
A.
Fees provided for by this chapter shall be paid upon
the submission of petitions, applications and appeals in such amount
or amounts as shall be established by the Town Board from time to
time. Said fees will be posted in the Building Department on the official
Schedule of Fees for the Town of Moreau. The following actions will
require fees:
B.
This list is not necessarily all inclusive.
Each notice of hearing upon an application for
site plan review, an application for PUD districting, the review of
a variance application or upon an appeal to the Zoning Board of Appeals
from an action of the Zoning Inspector shall be published once in
the official newspaper of the Town at least five days prior to the
date of the hearing. In addition, at least five days prior to the
date of the hearing, notices shall be mailed to all owners of the
property within 500 feet of the exterior boundary of the property
for which the application is made, as may be determined by the latest
assessment records of the Town.
The filing of an application for a variance under Article X hereof an application for site plan approval under Article VI hereof and an application for a special permit under Article V hereof or an application for a building permit under this article by a person shall be deemed a granting of approval by such person to the Planning Board, the Zoning Board of Appeals and the Zoning Inspector and to such persons as they may designate to conduct such examinations, test and other inspections of the sites which are the subjects of such applications as they deem necessary and appropriate for the purposes of this chapter.
