A.
The Zoning Enforcement Officer shall administer and
enforce all provisions of this chapter, except where otherwise specifically
provided herein. Whenever any permit is required, the same shall be
applied for and shall be issued in the first instance from the Office
of the Zoning Enforcement Officer in accordance with the requirements
of this chapter and other applicable Town, county and state regulations
governing building construction and the issuance of building permits.
B.
Except for residential uses, the Zoning Enforcement
Officer 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.
In addition to all other authority conferred
by law, the Zoning Enforcement Officer shall have the following powers
and duties with respect to this chapter:
A.
Issuance of building permits.
(1)
Except as provided in § 180-17C of this chapter as pertains to portable and other minor accessory structures, no development shall be commenced and no building or structure shall be erected, altered, reconstructed or enlarged and no excavation for any building begun nor shall substantial alteration of or additions to facilities such as sewage disposal systems, electrical systems, water supply systems, including plumbing or drainage facilities and drinking water well creation be undertaken until the Zoning Enforcement Officer or Code Enforcement Official has issued a building permit stating that the proposed use and structure comply with all applicable provisions of this chapter.
(2)
All building permit applications shall be accompanied
by three copies of a plot plan or an approved site plan, if applicable,
drawn to scale and accurately dimensioned, showing the location of
all existing and proposed structures on the lot and such other information
as may be required by the Zoning Enforcement Officer to determine
compliance with this chapter and other applicable regulations. One
copy of such plan, when approved by the Zoning Enforcement Officer,
shall be returned to the applicant upon payment of the required building
permit fee. Said fee shall be in accordance with the fee schedule
reviewed and established annually by the Town Board.
B.
Issuance of certificates of occupancy.
(1)
Except as provided in § 180-17C of this chapter, no use shall be established or land, use and structure occupied or otherwise used until the Zoning Enforcement Officer or Code Enforcement Official has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter.
(2)
More particularly, no building permit or certificate
of occupancy shall be issued for any special use of a building or
land requiring special permit or site plan approval by the Town Planning
Board unless and until such special use permit or site plan approval
has been granted by the Town Planning Board. Every certificate of
occupancy for which special permit or site plan approval has been
granted or in connection with which a variance has been granted by
the Board of Appeals shall contain a detailed statement of any condition
to which the same is subject and include, by attachment, a copy of
such Board of Appeals or Town Planning Board decision.
C.
Issuance of notices of violation. Whenever, in the
opinion of the Zoning Enforcement Officer, after proper examination
and inspection, there appears to exist a violation of any provisions
of this chapter or of any rule or regulation adopted pursuant thereto,
he shall, on his own initiative, serve 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 days from the date of notice.
D.
Issuance of stop orders. Whenever the Zoning Enforcement
Officer has reasonable grounds to believe that work on any building
or structure or any use of land is occurring either in violation of
the provisions of this chapter, not in conformity with any applications
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 work
on any such building or structure or the use of any such land. Such
persons shall forthwith suspend such activity until such time that
the stop order has been rescinded by the Zoning Enforcement Officer
or Code Enforcement Official. Such order and notice shall be in writing
and shall state the conditions under which the work or use may be
resumed by delivering it personally to him or by posting the same
upon a conspicuous portion of the building under construction or premises
in use. In addition, a copy of the same shall be sent to the person
or persons responsible by certified mail.
E.
Taking of emergency action. 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 such violation be immediately
remedied or may take direct action on his own initiative to abate
the hazard. 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,
after Town Board approval, against the person liable for such expenses,
in order to recover said costs.
A.
Civil penalty.
(1)
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 as follows:
(a)
For a first offense, by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both.
(b)
For a second offense, both of which were committed
within a period of five years, by a fine not less than $350 nor more
than $700 or imprisonment for a period not to exceed six months, or
both.
(c)
For a third or subsequent offense, all of which
occurred within a period of five years, by a fine not less than $700
nor more than $1,000 or imprisonment for a period not to exceed six
months, or both.
(2)
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.
(3)
The owner, general agent or contractor 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 or takes part or assists in such violation
shall be 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 offense. Such notice shall be given, in
writing, by the Zoning Enforcement Officer or Code Enforcement Official
and shall be served by either certified mail or personal service.
B.
Court action. The imposition of penalties herein prescribed
shall not preclude the Town or any person from instituting an appropriate
legal action or proceedings in a court of competent jurisdiction to
prevent an unlawful erection, construction, reconstruction, alteration,
repair, conversion or maintenance of use or to restrain by injunction,
correct or abate a violation or prevent the illegal occupancy of a
building, land or premises.
C.
Citizen action. If the Zoning Enforcement Officer
or Code Enforcement Official fails or refuses to act upon or refer
a violation of this chapter to the Town Attorney for legal action
in accordance with the provisions stated herein within a ten-day calendar
period following written request by any taxpayer to so proceed or
if the Town Attorney fails to promptly initiate a legal action or
proceedings, then any three or more residents and/or property owners
within the Town of Milton may institute appropriate legal action in
a court of competent jurisdiction to compel compliance with or to
restrain, by injunction, the violation of this chapter.
D.
Individual action. Nothing contained herein shall
in any way restrict the right of an aggrieved individual to institute
an appropriate legal action or proceedings on his/her own behalf for
equitable relief or for damages alleged to have been suffered as a
result of the violation of this chapter.
No building permit or certificate of occupancy
required by this chapter shall be issued by the Zoning Enforcement
Officer or Code Enforcement Official pertaining to any premises on
which there exists a violation of this chapter or any related Town
regulation which governs either building construction or the use of
land and structures within the Town of Milton.
