CHAPTER 21
ZONING
ARTICLE XI. ADMINISTRATIVE
Sec. 21-61. ENFORCEMENT.
(1) Zoning Officer’s responsibilities. The zoning officer shall be the official responsible for the enforcement of this chapter. The zoning officer may serve a notice requiring the removal of any structure or use in violation of this chapter on the owner or his use in violation of this chapter on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or another person who commits or participates in any violation. The zoning officer may call upon the village attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the Village Attorney is hereby authorized to institute appropriate actions to that end.
(2) Enforcement Procedure.
(a) The zoning officer is authorized to enforce the zoning ordinance on a complaint basis or whenever any violation is brought to his or her attention. Upon becoming aware of an alleged violation, an inspection of the property involved shall be made by the zoning officer or designated representative.
If, in the opinion of the zoning officer, such violation does exist, they shall cause to notify the alleged violator of the violation by certified mail, which notices shall request a response within fourteen (14) calendar days from the date of notification.
Within said fourteen (14) days, the alleged violator shall be required to contact the zoning officer to either demonstrate compliance with the zoning ordinance or show cause why he/she should be exempt.
(b) Zoning violations may be brought into compliance with the zoning ordinance by approval of the Board of Trustees of a map amendment, special use permit, or variance. The zoning officer is authorized in cases of denial of a map amendment, special use permit, or a variance to notify a said violator in person or certified mail that he/she must comply with existing zoning regulations within thirty (30) days of board action or be subject to prosecution.
(c) Map amendment initiated by a petitioner other than the village board may invalidate a pre-existing use(s) of the petitioner’s property.
Map amendments initiated by a petitioner other than the Village Board that invalidate a pre-existing use(s) of a petitioner’s property shall cause the pre-existing use to be in violation of this chapter.
The zoning officer is authorized to notify the petitioner in person or by certified mail that he/she must comply with the new zone district regulations within thirty (30) days of board approval of such map amendment or be subject to prosecution.
(3) Penalties. Failure to comply with any of the requirements of this chapter shall constitute a violation, and any person upon conviction thereof shall be fined not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars for each offense. Each day the violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof and any architect, builder, contractor, agent, or another person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and subject to the above penalties.
The Village may also take other lawful action as is necessary to prevent or remedy any violation.
Sec. 21-62. through Sec. 21-76. RESERVED
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.
