A. No building or structure shall be erected, constructed, altered, moved, converted, extended or demolished until the owner has first obtained a building permit therefor, and no building permit shall be issued until the Building Inspector has determined that the proposed building or structure complies with the provisions of this chapter. [Amended 1-26-1999 by L.L. No. 2-1999]

B. A duly issued building permit shall remain in force and effect under the conditions applicable at the date of issuance, but shall become null and void under the conditions specified in the Building Code unless the foundation has been completed and construction has been commenced within the time specified in the Building Code.

C. All applications for building permits shall be made in a manner specified by the Building Inspector and shall be accompanied by all information necessary to a proper finding of compliance with the provisions of this chapter, as determined by him. No permit shall be issued until all required information has been submitted and the Building Inspector has determined that the proposed construction complies with all applicable codes, regulations and ordinances.

A. No land shall be occupied or used and no building hereafter erected shall be used wholly or partially for any purpose until a certificate of occupancy has been issued by the Building Inspector. Such certificate of occupancy shall be required for all uses and structures.

B. No change of a nonconforming use and no alteration to nonconforming premises shall be made until the Building Inspector has confirmed that the change, extension or alteration conforms to applicable provisions of this chapter. [Amended 1-26-1999 by L.L. No. 2-1999]

C. Application for a certificate of occupancy shall be made at the time of application for a building permit, and the certificate shall be issued within ten (10) days of the date that the Building Inspector determines that the completed building or structure complies with the provisions of chapter and on-site improvements have been completed. An application for a certificate of occupancy shall expire at the end of three (3) years from the date of issuance of a building permit, and no certificate shall thereafter be issued unless the building conforms to applicable regulations at the time of reapplication.

The Building Inspector may revoke any building permit or certificate of occupancy upon finding as follows:

A. A false statement or misrepresentation of fact has been made in any application for a certificate of occupancy or building permit.

B. Work performed under a building permit has not been prosecuted in accordance with the provisions of this chapter or special determination by the Town Board, Board of Appeals, Planning Board or Director of Planning.

C. Any person to whom a permit or certificate has been issued refuses to comply with a stop order issued by the Building Inspector.

D. Substantial violation of any provision of a grant by the Town Board, Board of Appeals or Planning Board exists.

E. The owner or other person against whom a notice of violation has been issued has been given reasonable opportunity to comply with any terms or provisions of this chapter or a special grant and has failed to comply therewith.

[Added 4-4-2000 by L.L. No. 5-2000; amended 8-5-2003 by L.L. No. 31-2003 ]

A. It shall be unlawful for any person or business entity to fail, neglect or refuse to fully comply with any condition or requirement imposed by the Huntington Town Board, Planning Board or Zoning Board of Appeals as a result of any land use or zoning action, decision or approval.

B. It shall be unlawful for any person or business entity to deviate in any manner from a site plan filed with and/or approved by the Department of Engineering Services, Department of Planning and Environment, Town Board, Planning Board or Zoning Board of Appeals.

**Webmasters Note: The previous section has been amended as per Local Law No. 31-2003.

A. It shall be the duty of the Building Inspector to enforce the provisions of this chapter, and said Building Inspector and any other official designated by the Town Board are hereby empowered to enforce any such provisions.

B. The Building Inspector, and any other official designated by the Town Board, including the Director of Public Safety, is authorized to inspect any building or premises to determine whether any violations of this chapter have been committed or exist and to take any appropriate action to put an end thereto. The Building Inspector, in appropriate cases, shall inform the Town Attorney of violations of this chapter and, with the issuance of an order in writing, he shall take all necessary steps to enforce the provisions of this chapter. [Amended 2-27-1996 by L.L. No. 5-1996]

C. The Building Inspector shall remove any sign or advertising device erected or altered in violation of this chapter. Before taking such action, he shall notify the owner, tenant or lessee of the premises on which such sign or device is located and, upon request of such owner, tenant or lessee, he shall not remove such sign or device for a period of thirty (30) days from the date of notification.

In case any building or structure is erected, constructed, reconstructed, altered, repaired or converted or any building, structure or premises is used in violation of this chapter or amendment thereof or regulation made pursuant thereto, any appropriate action or proceeding may be instituted to prevent or abate such violation.

[Amended 2-15-1972 by Ord. No. 72-ZC-26; 1-22-1991 by L.L. No. 1-1991; 8-30-1994 by L.L. No. 6-1994; 4-1-1997 by L.L. No. 8-1997; 4-7-1998 by L.L. No. 18-1998; 4-4-2000 by L.L. No. 5-2000; 7-2-2002 by L.L. No. 25-2002; 4-19-2005 by L.L. No. 11-2005]

A. The Town Board intends to exercise its authority under § 10(1)(ii)(a)(6) and (11) and (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, § 268(1) of the Town Law and any other applicable provision of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of § 268(1) of the Town Law, and any other applicable or successor law, in order to impose a penalty and fine structure that best reflects the needs of the community. Except as set forth in Article XX (Accessory Apartments), for each violation of the provisions of this chapter, including but not limited to violations of conditions imposed by the Town Board, Planning Board and/or Zoning Board of Appeals, the owner, general agent, person in charge of the premises, architect, engineer and/or contractor of the building, structure or premises where such violation has been committed or exists shall be held liable, on conviction thereof, to a fine or penalty of not less than five hundred ($500.) dollars nor more than five thousand ($5,000.) dollars for a conviction of a first offense; upon conviction of a second violation where the offense is committed within a period of five (5) years of the first offense, a fine of not less than one thousand ($1,000.) dollars nor more than ten thousand ($10,000.) dollars; and upon conviction of a third or subsequent violation where the offense is committed within a period of five (5) years of the first and second offense shall constitute a misdemeanor punishable by a fine of not less than one thousand five hundred ($1,500.) dollars nor more than fifteen thousand ($15,000.) dollars or imprisonment not to exceed six (6) months, or both. Each day such violation continues following notification by the Town or service of a summons shall constitute a separate offense punishable in like manner. [Amended 3-4-2003 by L.L. No. 11-2003]

B. Zoning Violations Bureau. [Added 7-2-2002 by L.L. No. 26-2002; amended 11-16-2004 by L.L. No. 36-2004; 4-19-2005 by L.L. No. 11-2005]

(1) Legislative intent.

(a) The Town Board finds that the proliferation of violations of the Zoning Code of the Town of Huntington and of conditions, restrictions, grants and approvals of the Town Board, Planning Board and Zoning Board of Appeals in zoning related matters have caused serious threats to the safety and welfare of the residents of the Town and have eroded the quality of life to all who live and work in the Town. The Town Board therefore finds it necessary and proper to create a Zoning Violations Bureau in order to create an additional mechanism by which the Town may prosecute these types of violations. The authority of the Hearing Officer shall be limited to the imposition of civil penalties and conditions only and it is not the intention of the Town Board to affect or disturb the jurisdiction of the courts, which shall continue as a separate and independent means by which the Town may seek to enforce the provisions of its zoning code, and the conditions, restrictions and determinations of its Boards.

(b) The Town Board also wishes to dispose of appeals from the suspension of Certificates of Occupancy or Certificates of Permitted Use and any citations which may have been issued in connection with such suspension in a timely and efficient manner, and provide the property owner with a full opportunity to be heard at an evidentiary hearing before a Hearing Officer in the Zoning Violations Bureau.

(c) In order to accomplish these goals, the Town Board is exercising its authority pursuant to §§ 10(1)(ii)(a)(5), (6) & (12) and § 10(1)(iii)(d)(3) of the Municipal Home Rule Law, §§ 64(23), and §§ 130(15) of the Town Law and any other applicable provision of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of §§ 135, §§ 267-a(4) and §§ 268 of the Town Law and any other applicable provision of law now or hereinafter enacted so as to create a Zoning Violations Bureau and to authorize a Hearing Officer in the Zoning Violations Bureau to hear and dispose of matters referred to in §§ 198-125(B)(1)(a) and (b).

(2) Citations. The Director of Public Safety, the Director of Engineering Services, and any enforcement officer or inspector within their Departments are authorized to issue citations for violations of the Zoning Code, and of conditions, restrictions, grants and approvals of the Town Board, Planning Board and Zoning Board of Appeals in zoning-related matters. Said citations shall be returnable before a hearing officer of the Zoning Violations Bureau and shall include the date, place and nature of the violation and the factual basis on which the violation is alleged to have occurred. The hearing officer shall hear and determine requests for further amplification of the allegations, and all procedural and substantive questions relating to the citations and the imposition of civil penalties. Service of a copy of the citation shall be made upon the property owner by personal delivery to the premises which is the subject of the violation and by leaving same with a person of suitable age or, if no such person is present, at a location reasonably calculated to be found thereat, and by mailing a copy of the citation, by regular and certified mail, return receipt requested, addressed to the property owner at the subject property and to the address of the owner as shown on the latest assessments rolls maintained by the Town Assessor.

(3) Hearing Officer. The Hearing Officer(s) shall be appointed by the Town Attorney and shall be compensated at the salary provided by the Town Board. Subject to review and approval by the Town Attorney, the Hearing Officer shall adopt such rules as he or she deems necessary for the conduct of affairs. The Town Board may establish more than one (1) Hearing Officer based upon its determination of the need.

(4) Authority of the Hearing Officer. The Hearing Officer shall be authorized to hear and determine the following matters:

(a) Violations of the Zoning Code, and violations of conditions, restrictions, grants and approvals of the Town Board, Planning Board and Zoning Board of Appeals in zoning-related matters.

(b) Appeals from the determination of the Director of Engineering Services if a Certificate of Occupancy or Certificate of Permitted Use has been suspended as provided in Chapter 87 of the Huntington Town Code. The Hearing Officer is authorized to hear and determine any violations for which citations have been issued in connection with such suspension.

(5) Hearings; procedure. The Hearing Officer shall schedule regular hearing dates not less than twice per month where minutes of the evidentiary hearing shall be taken and maintained as official records with such exhibits as are submitted to and accepted by the Hearing Officer. The Hearing Officer shall issue a written decision within thirty (30) days of the close of the hearing. The decision of the Hearing Officer shall be filed in the Office of the Huntington Town Clerk.

(6) Standard of Proof and presumptions. In the case of illegal apartments, the presumptions set forth in §§ 198-13(B) and (C) shall apply. In any such hearing, it is an affirmative defense that the building, structure or use is nonconforming as defined in §§ 198-2 of the Huntington Town Code. An owner raising this affirmative defense must prove it by a preponderance of the evidence at the hearing. The Hearing Officer's determination shall be based upon a preponderance of the evidence presented.

(7) Civil Penalty.

(a) Upon a finding of a violation, except as provided for in §§ 198-125(B)(6)(b), the Hearing Officer shall impose a civil penalty against the owner of the real property that is the subject of the violation not less than five hundred dollars ($500.) nor more than five thousand dollars ($5,000.) for each violation.

(b) The civil penalty may be imposed below five hundred dollars ($500.) only in the event the Town Attorney recommends such disposition and the Hearing Officer, based on the facts of underlying charge, finds that such penalty should be reduced in the interests of justice.

(c) In addition to any civil penalty which may be imposed for a violation of §§ 187-25(C), the Hearing Officer may impose a penalty in an amount not to exceed the value of the rents collected or consideration received. Such monies shall be deposited into the Affordable Housing Trust Fund.

(d) One (1) violation per each seven-day period shall constitute a separate violation subject to a separate civil penalty.

(e) If a civil penalty hereunder, or any portion thereof, remains unpaid for a period of thirty (30) days after mailing of the decision to the owner of the real property at the subject property and at their last known address or to their attorney, if one has appeared on their behalf, then in that event, upon an affidavit by the Town Attorney or Town Comptroller that the civil penalties or any portion thereof remain unpaid, said amounts shall be added to the real property tax bill of the subject property where the violation occurred and shall accrue interest at the rate of seven percent (7%) per annum. Notice of the foregoing shall be included in the decision assessing the civil penalty.

(f) Written conditions for compliance. The Hearing Officer may impose binding written conditions when appropriate to insure compliance with the Town of Huntington Zoning Law. Any written conditions shall be signed by the owner and the Hearing Officer and shall constitute a binding agreement. The conditions shall set forth all duties, responsibilities and obligations of the owners of the real property in violation in order to come into full compliance with the Code of the Town of Huntington. Any written conditions for compliance may be imposed by the Hearing Officer in conjunction with any civil monetary penalties. If an owner violates any terms of the written conditions, the Hearing Officer shall, upon reasonable cause that a violation exists, schedule a hearing to render a determination whether or not the owner has violated said conditions. If the Hearing Officer finds that the owner has violated any written conditions, the Hearing Officer shall impose a civil monetary penalty as set forth in §§ 198-125(B)(6)(a). This provision shall in no way affect the validity of any written condition imposed prior to this enactment.

(8) Appeals determined by the Hearing Officer. In the case of an appeal from the suspension of a Certificate as provided in Chapter 87, the Hearing Officer may make such determination as he or she deems necessary or proper, with or without conditions, and may reverse the decision of the Director and reinstate the certificate or revoke the certificate. In disposing of citations issued in connection with such suspension, the Hearing Officer may impose such conditions and civil penalties as provided in this article.

(9) Appeals. Any person or business entity who is aggrieved by the determination of the Hearing Officer may appeal to a court pursuant to Article 78 of the New York Civil Practice Law and Rules.

**Webmasters Note: The previous section has been amended as per Local Law No. 11-2005.