HomeMy WebLinkAboutZoning Enforcement- James A. Coon Local Government Technical Series
Zoning Enforcement
JAMES A. COON LOCAL GOVERNMENT TECHNICAL SERIES
NEW YORK STATE
Andrew M. Cuomo
Governor
DEPARTMENT OF STATE
Cesar A. Perales
Secretary of State
This publication is a result of a
cooperative effort by the following:
JEFFERSON COUNTY
PLANNING DEPARTMENT
175 ARSENAL STREET
WATERTOWN, NY 13601
MARK GEBO, ESQ.
HRABCHAK AND GEBO, P.C.
ATTORNEYS AND COUNSELORS AT LAW
WATERTOWN, NEW YORK
TUG HILL COMMISSION
DULLES STATE OFFICE BUILDING
317 WASHINGTON STREET
WATERTOWN, NY 13601-3782
www.tughill.org
NEW YORK STATE DEPARTMENT OF STATE
99 WASHINGTON AVENUE
ALBANY, NEW YORK 12231-0001
http://www.dos.ny.gov
Revised 2008
Reprint Date: 2011
Table of Contents
Preface..............................................................................................................................................1
Introduction ......................................................................................................................................1
I. Local Boards and Officers
The Legislative Body .....................................................................................................................1
The Zoning Enforcement Officer ...................................................................................................2
The Zoning Board of Appeals ........................................................................................................2
The Planning Board .......................................................................................................................3
The Zoning Commission................................................................................................................3
II. Zoning Enforcement Process
Step 1: Report of Violation ...........................................................................................................3
Step 2: Investigation .....................................................................................................................4
Step 3: Notification to Remedy Violations and Administrative Actions ......................................4
Step 4: The Respondent‟s Alternatives .........................................................................................5
Step 5: Judicial Enforcement ........................................................................................................6
Criminal Proceedings .....................................................................................................................6
Civil Proceedings ...........................................................................................................................8
Conclusion .......................................................................................................................................9
Appendix 1: Complaint Form .....................................................................................................10
Appendix 2: Inspection Report Form .........................................................................................11
Appendix 3: Enforcement Checklist ...........................................................................................13
Appendix 4: Proof Chart Form ...................................................................................................15
Appendix 5: Initial Follow-up Letter of Citizen Complaint .......................................................16
Appendix 6: Final Follow-up Letter of Citizen Complaint ........................................................17
Appendix 7A: Administrative Search Warrant Application .........................................................18
Appendix 7B: Administrative Search Warrant Affidavit .............................................................21
Appendix 7C: Administrative Search Warrant .............................................................................23
Appendix 7D: Administrative Search Warrant Return .................................................................25
Appendix 7E: Administrative Search Warrant – Directions for Filing .......................................26
Appendix 8: Letter of Violation ..................................................................................................27
Appendix 9: Notice of Violation Form .......................................................................................28
Appendix 10: Stop Work Form...................................................................................................29
Appendix 11: Appearance Ticket Form ......................................................................................30
Appendix 12: Criminal Summons ..............................................................................................31
Appendix 13: Information and Complaint Form ........................................................................32
Endnotes .........................................................................................................................................33
.
1
PREFACE
This publication was originally produced in 1991. It was updated in 1994 by the Jefferson
County Planning Department in cooperation with the New York State Tug Hill Commission and
the former St. Lawrence-Eastern Ontario Commission. It was updated in 1996 by Mark Gebo,
Esq., partner in Hrabchak & Gebo, P.C., Attorneys and Counselors at Law in Watertown, New
York, and in 1998 by the New York State Department of State.
INTRODUCTION
This publication discusses the zoning enforcement process, including options for enforcement,
along with the laws that authorize enforcement in the towns and villages of New York State. It
does not contain specific information regarding zoning enforcement in cities, as those procedures
are more appropriately referenced within individual city charters.
Section I describes the roles of various key entities including the zoning enforcement officer. It
is critically important that the enforcement official understand the responsibilities of these
boards. This is only a summary; for more extensive treatment of the responsibilities of these
entities, the reader should consult other publications in this Technical Series. Section II outlines
the steps involved in the zoning enforcement process, referencing state enabling statutes. The
actual process varies among municipalities; one should always, therefore, consult local laws and
officials for more specific local procedural guidance. The Appendix provides useful sample
forms for local adoption.
Land use legislation may be enacted by ordinance in towns, as well as by local law in both towns
and villages. For simplicity, we will refer to all such legislation as the local “zoning law”.
LOCAL BOARDS AND OFFICERS
The Legislative Body – The legislative body (town board or village board of trustees) plays a
major role in zoning administration and enforcement. It appoints members of the planning
board,1 the zoning commission (applicable in towns and villages),2 the zoning board of appeals
(ZBA),3 and the zoning enforcement officer (ZEO).4 The legislative body must approve any by-
laws, rules and regulations that govern these boards and officials, as well as any procedures to be
used in administering the law. Though other boards may write initial drafts of, or advise on,
various land use laws and procedures, only the legislative body may enact them into law.
The legislative body has the option to enact site plan review and special permit approval.5 It may
choose either to perform site plan review and/or special use permit approval directly, or instead
delegate one or both of these procedures to an appointed board such as the planning board or
zoning board of appeals. The power to approve subdivisions can, however, only be delegated to
the planning board.6 The legislative body typically delegates zoning enforcement authority to its
ZEO.
2
By delegating some of the above mentioned powers to other boards and officials, the legislative
body frees up time for its other numerous responsibilities. This is a good idea, but it is important
to remember that once these powers have been delegated, the legislative body cannot overrule a
decision made by the ZBA, ZEO, or planning board. It may appeal such a decision, as may any
other concerned citizen, but it cannot simply overrule it.
The Zoning Enforcement Officer (ZEO) – The ZEO is the municipality's representative in land
use regulation and enforcement, and should be the primary contact for all applicants. His/her
major duties usually are: to prepare or acquire forms necessary to properly administer the zoning
law; issue zoning permits; conduct inspections and investigations; issue a zoning certificate of
compliance or occupancy; maintain records of all administrative actions and papers; and enforce
the zoning law through the various methods discussed in this document.
The actual powers and duties of the position will vary among municipalities. They must be
clearly spelled out in either the local zoning law or a separate ordinance or law providing for the
enforcement of all zoning and land use laws.
The ZEO's power is limited to enforcement of the law as it is written. The ZEO has no power to
modify or waive the zoning regulations even if s/he disagrees with a requirement of the
regulation. When the ZEO finds that certain requirements of the zoning are inappropriate and
consistently create problems for applicants, then s/he can and should propose an amendment to
the legislative body. The legislative body is the only board that has the authority to make a
zoning amendment, and this power cannot be delegated. The ZEO must deny a permit whenever
s/he is in doubt about a project's legality, or about how the zoning law applies to the particular
case. An applicant who is denied a permit can appeal to the ZBA for an in terpretation of the
zoning regulation, or for a variance.7
The ZEO must pursue all violations of the law without undue bias for or against a particular
person, otherwise s/he will open himself or herself to lawsuits for discriminatory enforcement.8
Enforcement action can be taken whenever a zoning law or ordinance is violated, or a condition
attached to an approval granted by a municipal board is not met. While the landowner can
always be held responsible for a violation on his/her property, enforcement action may also be
taken against other responsible parties, such as tenants and building contractors.
The Zoning Board of Appeals (ZBA) – The enabling statutes provide that the legislative body
must appoint a ZBA whenever it initially adopts a zoning law.9 The basic powers of the ZBA
fall into two areas: original jurisdiction and appellate jurisdiction.10
Appellate (or appeals) jurisdiction allows an “aggrieved party” to bring an appeal of a decision
of the ZEO to the ZBA for review. “Aggrieved parties” may include: the recipient of an
enforcement action; an unsuccessful permit applicant; or a third party.
There are two types of appeals: an appeal seeking an interpretation of the zoning law; and an
appeal seeking a zoning variance. An appeal for an interpretation simply claims that the ZEO‟s
decision was incorrect under the zoning law, and requests the ZBA to overturn the decision. An
3
appeal for a variance, which can only be made by an owner following a ZEO‟s enforcement
action or permit denial, claims that special circumstances warrant the ZBA to vary the strict
terms of the zoning law.
The Planning Board – The planning board has an advisory role and must be aware of com -
munity needs and goals. It is concerned both with development and with the formulation of
growth policies. The planning board usually advises other local boards on matters that affect the
community‟s development.11
A planning board‟s powers exist solely at the legislative body‟s discretion. It can be given
review and approval authority for special permits, subdivisions, site plans, and other land use-
related laws, such as a historic district law. When given such jurisdiction, the legislative body
should adopt appropriate regulations to govern the planning board‟s procedures. To carry out its
duties, the planning board, on referral, may assist in the preparation of a com prehensive plan for
development,12 and make investigations, maps, reports, and recommendations dealing with local
planning and development.
The Zoning Commission – State law provides that the legislative body must appoint a zoning
commission to draft the community‟s initial zoning law.13 If it so desires, the legislative body
may appoint the existing planning board as its zoning commission. If, however, a separate
zoning commission is created, it will cease to exist after the legislative body, by resolution,
accepts the commission‟s final report and draft zoning law.
ZONING ENFORCEMENT PROCESS
Step 1: Report of Violation – The zoning enforcement process begins when the ZEO becomes
aware of a violation. The ZEO may discover the violation himself or herself, or it may be
reported to the ZEO by a municipal official or local resident. To improve the effectiveness of
citizen involvement, every local government should have an established system for taking citizen
complaints. Ideally, such a system should provide that anyone may file a citizen complaint form
(see Appendix 1) setting forth information about the supposed violation. If possible, the
municipality should allow the citizen to file this form electronically, and to receive a response in
the same manner. The form should be filed at a central location (probably the town or village
clerk's office) that is well publicized.
Should an oral, perhaps anonymous, complaint, trigger an enforcement investigation?
Ordinarily, such complaints should be taken seriously and investigated, whether or not the com-
plainant has identified him/herself.
Every system of receiving citizen complaints should include follow-up. The best approach is an
immediate follow-up letter (or electronic response) (see Appendix 5) that tells the citizen the
complaint has been received and will be investigated as soon as possible. Barring other
priorities, a good rule of thumb is that the ZEO should proceed to investigate every citizen
complaint within 24 to 48 hours.
4
In addition to the immediate follow-up letter, the ZEO should forward a subsequent letter to the
complainant (see Appendix 6) explaining the final results of the enforcement action. If no action
was taken, the ZEO should explain why.
Step 2: Investigation – Once a possible violation has been observed or reported, the ZEO is
empowered to investigate the matter, make a preliminary determination of whether or not it
constitutes a violation, and take the appropriate action in the enforcement process. While some
older state statutes directly grant officials the power to enter into buildings to make inspe ctions,
those statutes do not supersede constitutional protections against unreasonable search. Without
the owner‟s consent in a non-emergency situation, a search warrant (see Appendix 7A) is
required before the ZEO may lawfully enter onto any premises th at the general public is not
already invited to enter.14 All municipalities should, therefore, adopt provisions generally
authorizing their ZEO to enter onto all premises, public or private, “consistent with constitutional
safeguards and any requisite warrant”, in order to effectuate enforcement. When the ZEO is in
doubt about the legality of entering private property against an owner's will, the best advice is
that s/he consult with the municipal attorney before entering the property.
Any investigation should be logged by the ZEO using an Enforcement Inspection Report (see
Appendix 2) regardless of the results. This creates a record of initial inspection, and the report
can be referred to for further questions or issues involving the project or matter.
Step 3: Notification To Remedy Violations; Administrative Actions – If a zoning violation
does exist, then enforcement steps must be taken. The first step is to inform the property owner
of the violation so that it can be corrected. O ften, zoning violations are an oversight on the
owner‟s part, and simply advising him/her of the violation will resolve the matter. There are a
variety of ways that a violator can be notified, and generally the situation will dictate the most
appropriate method.
Usually the first attempt at notification is informal contact with the property owner to explain the
violation and the potential of enforcement. The ZEO should keep a record of the contact and the
results. If the owner is hard to contact, then it is advisable that a letter requesting voluntary
compliance be forwarded to the property owner (see Appendix 8). The letter should clearly
identify the violation and state that “...This is the only letter you will receive. If you do not
correct the violation by [DATE] or contact this office and make arrangements for an extension of
time, we will begin enforcement action....” It is very important that this letter be sent by certified
or registered mail with a return receipt requested. This will insure that the owner receives it and
will provide proof that it was received.
Many local governments require that even informal contact with landowners be documented.
While a “Notice of Apparent Violation” looks formal, it does not have any great legal
significance. It is simply a way to inform the landowner that s/he may be in violation of the
zoning law and that s/he needs to abate or correct the violation. The landowner can be given the
opportunity to discuss the case with the enforcement officer. A second, more formal letter, a
“Notice of Violation - Order to Remedy” (see Appendix 9) amounts to a determination by the
ZEO that a violation exists, and directs the landowner to take specific corrective action.
5
There are four possible administrative actions that can and should be used in conjunction with
notification to prevent the landowner from continuing the violation. The first is revocation or
suspension of permits directly related to the questionable activity. Second, any new permits or
certificates related to the same work should be denied from the date on which the violation is
first determined to exist until the matter resolved. Third, a Stop Work Order (see Appendix 10)
should be issued in conjunction with such revocations/suspensions, to prevent any expansion of
possibly illegal construction activities (as well as to prevent possibly fruitless additional
investment by the owner) until the matter is resolved. A Stop Work Order on construction pro-
jects must be authorized in the zoning law itself. Finally, a Cease and Desist Order may be
issued to halt a continuing violation other than that related to construction.
It is extremely important that the ZEO keep a record of any written administrative actions, as
well as other enforcement actions that go beyond informal contact. Please consult Appendix 3
for a suggested Enforcement Action Checklist that can be used to keep track of such record-
keeping. The legislative body may also want to develop a system of regular communication,
whereby it is kept informed by the ZEO of all zoning violations and the administrative steps
taken to remedy them.
Step 4: The Respondent’s Alternatives – Ideally, upon being notified of the violation the
respondent will revise her/his plans and actions to conform with the zoning law. But, if s/he is
dissatisfied with that approach, s/he has alternatives for seeking relief: s/he can appeal the ZEO's
decision and apply to the ZBA for a zoning interpretation or variance; or s/he could ask the legis-
lative body for a zoning amendment. These alternatives provide a method for respondents to
obtain relief from unreasonable restrictions of the zoning law.
The ZBA‟s primary function under law is to hear appeals and grant relief (if appropriate) from
the strict application of the zoning law. The respondent initiates an appeal by filing a Notice of
Appeal to the ZBA.15 Any appeal asks the ZBA to overturn the ZEO‟s action, but, depending on
the stance the respondent takes, the ZBA will have either of two tasks: interpretation or
variance. First, the respondent may believe the ZEO‟s action incorrectly applies the zoning law.
Even a well written zoning law has provisions that are open to interpretation. In that instance,
the respondent appeals presenting a case for an interpretation in his/her favor. If the ZBA agrees
with the respondent, it overturns the ZEO‟s decision, finds in favor of the respondent, and issues
an appropriate order. It should be noted that only the ZBA can definitively interpret the zoning
law. Neither the legislative body nor any other officer or body has that jurisdiction.
Whenever the ZBA makes a determination that interprets a provision of the zoning law, the
determination should serve as precedent for any future actions involving that particular
provision, until and unless the legislative body amends the provision.16 Importantly, the ZEO
should consider him/herself to be governed by the determination in any future enforcement
actions that involve that same provision.
The second broad area of appeal involves the appeal for a variance. Here, the respondent--
almost always, in this case, the owner--may agree that the law was correctly applied, but believes
that the property is beset by special circumstances that warrant the grant of a variance to the
strict application of the law. There are two types of variance, use and area.17 A use variance
6
involves a request for a use of land that is prohibited by the zoning law and requires proof of
“unnecessary hardship.” An area variance is a request to vary the dimen sional standards, such as
lot size, setbacks, sign area, or number of parking spaces. The test for an area variance does not
require the owner to show hardship. Instead, the ZBA is required to engage in a “balancing of
interests.”
Whenever any appeal is taken of the ZEO‟s enforcement action, the appeal places into effect a
stay against further enforcement.18 This means that, from the date the Notice of Appeal is filed
until the date the ZBA renders its determination, the municipality is prohibited from taking any
further enforcement action. During such time the local justice court cannot hear or adjudicate the
alleged violation, and the ZEO may not issue any further orders or appearance tickets. The stay
may, however, be lifted in cases of imminent peril to life or property. To lift the stay, the ZEO
must file a certificate of imminent peril with the ZBA.
Finally, the landowner may wish to apply for a zoning amendment. An amendment constitutes
legislative relief, and can therefore only be approved by the legislative body (town or village
board). Although the legislative body is not required to apply the tests that the ZBA must apply
for a variance, any amendment that it adopts must be consistent with the comprehensive plan. A
public hearing must be held before formal adoption of a zoning amendment.19
These alternatives are available to provide local relief from zoning restrictions as they may be
applied by the enforcement officer. If the requested relief is denied, then the landowner must
abide by the determination (which may include abating the violation) or appeal to the Supreme
Court for judicial relief. If the owner instead continues to engage in an activity determined to be
a violation, then the ZEO is free to take further enforcement action.
Step 5: Judicial Enforcement – While the ZEO is always empowered to seek criminal
enforcement in the first instance, it may be his/her practice to undertake either informal or formal
administrative action first. Nonetheless, where administrative action does not succeed in causing
the owner to abate a zoning violation, then stronger enforcement methods can, and should, be
used. The statutes provide for the imposition of both criminal and civil penalties, or sanctions
that require abatement or removal of the violation.
Criminal Proceedings – Enforcement actions can be taken to the local criminal court, which
can, under specific guidelines set by state law (or by a superseding local law), impose fines or
imprisonment.20 In New York State, zoning offenses are deemed misdemeanors for the purpose
of conferring jurisdiction on the courts.
Although zoning offenses are deemed misdemeanors for jurisdictional purposes, they do not
necessarily confer all the protections of misdemeanors if the imprisonment provisions are low
enough to qualify for treatment as a violation.21 The principal distinctions between treatment as
a violation as opposed to treatment as a misdemeanor, are that for a violation the accused is not
entitled to a jury trial or the appointment of an assigned attorney if unable to afford one of his/her
own. Where imprisonment could exceed more than fifteen days, then the offense is instead
considered a misdemeanor, and the aforementioned protections apply.22
7
To institute criminal proceedings against an accused, the ZEO must file an Information and
Complaint (almost always accompanied by a Supporting Deposition) with the local justice
court.23 The Information and Complaint contains several parts. The first is an accusatory part
that states the date, time, and place of the violation and the section of the zoning law that is at
issue. Another part is factual; it outlines in detail the facts the ZEO relies on for establishing the
violation. Lastly there is the attestation part, in which the ZEO affirms the information under
penalties of perjury or swears to it before a notary.
The Supporting Deposition is meant to add more detail to what is in the Information and
Complaint. Where a ZEO has not observed certain aspects of the situation, a Supporting Deposi-
tion should be taken from all persons with direct knowledge. The Supporting Deposition should
be attached to the Information. Frequently, photographs or other documentary evidence may
also be important and may be attached. The Information and Complaint must, however, on its
face, contain each and every element of what must be proven to establish the violation. To assist
the ZEO in determining what these elements are, we recommend the use of a Proof Chart (see
Appendix 4). Once the ZEO compiles the Information and Complaint and Supporting
Deposition and files them with the justice court, the local justice will then issue a Summons. A
Summons is served by a police officer and requires the defendant to appear in court on a
specified date.24
To streamline and perhaps shorten this procedure, we recommend the alternative use of the
Appearance Ticket (see Appendix 11). The Appearance Ticket must be authorized in law by the
legislative body for the ZEO to use it.25 It is similar to a traffic citation in that it is issued by the
enforcement officer directly to the defendant, without any documents having to be filed first with
the court. It informs the accused of the section of law s/he is believed to have violated, and sets
forth the court appearance date; it thereby takes the place of a Summons.26 The ZEO can issue
an Appearance Ticket to an alleged violator immediately, and then file the Information and
Complaint and Supporting Deposition with the local court. Criminal proceedings require, of
course, that the municipality prove the violation “beyond a reasonable doubt”. The ZEO and the
municipality should be prepared to provide such proof in the justice court.
The Town Law provides that each week that a violation continues constitutes a new and separate
offense.27 This raises the possibility of imposing successive (and escalating) fines imposed for
each week that a violation continues. Even so, the municipality must follow due process: it
must serve the defendant with a new Information and Supporting Deposition, and Criminal
Summons (or Appearance Ticket) for each week that it seeks a conviction. This will require
repeated inspections of the property to assure that the violation still exists. It is possible to list
more than one violation in the same Information. For example, if a ZEO has been to the property
on four or five occasions over a period of two months, trying to obtain voluntary compliance,
and is now seeking court action because such voluntary compliance was not forthcoming, then
all four incidents may be separately listed as separate counts within one Information. The ability
to get successive fines is often a valuable deterrent in obtaining voluntary com pliance after the
start of a court action. Further, because of the high cost of going to court on such violations,
local justices can help to offset some of this expense to a municipality by imposing a high fine.
8
Because zoning law violations are treated as misdemeanors for jurisdictional purposes, it is the
district attorney who has the primary responsibility for prosecution.28 But district attorneys do
not commonly become involved in local zoning code prosecutions. Accordingly, district
attorneys will delegate that responsibility to village and town attorneys. This delegation should
be confirmed in writing. Usually, the district attorney annually forwards a letter to the municipal
attorney, containing a blanket authorization to prosecute municipal code violations. Once
authorized by the district attorney to prosecute the zoning violation(s), the village or town
attorney becomes an assistant district attorney for that specific purpose, and should immediately
file an oath of office as such with the county clerk.29
Civil Proceedings – State law provides ample authority by which a local government may bring
proceedings to prevent, restrain, correct, or abate violations of zoning regulations.30 Temporary
restraining orders and injunctions are the vehicles used to accomplish this, and are often the final
enforcement step taken by a local government.
A temporary restraining order is issued by a State court justice upon a showing that there is an
activity going on, or a situation present, that may well cause imminent danger to life or property.
Examples might be: allegedly illegal contamination of a public water supply, or storage of
highly flammable material. Issuance of a restraining order requires application by the municipal
attorney directly to the court, and is issued without a hearing. It remains in effect only so long as
is necessary for the court to conduct a hearing on a preliminary injunction. At that hearing, the
alleged violator is accorded an opportunity to show why a preliminary injunction should not be
issued.
A preliminary injunction is a court order that either prevents someone from taking an action that
will violate the zoning law, or orders someone to abate or correct an ongoing violation. The
preliminary injunction provides temporary relief before a full trial can be held. No showing of
imminent danger need be made. The court must, however, find that there is a reasonable chance
that the municipality will succeed at the full trial, and that the alleged violator will not be unduly
harmed by the injunction. A preliminary injunction can be issued to restrain enforcement of the
zoning law or to suspend use or construction of a building.
Following a full trial on the merits of the case, the court may issue a permanent injunction
against the violator. Unless appealed to a higher court, a permanent injunction abates the
violation as a final matter. It either orders the violator permanently to cease the illegal activity,
or orders that certain illegal construction be removed.31
As courts can impose jail sentences and heavy fines for the violation of court orders, the
injunctive power often provides a significant weapon in cases of willful and determined
violators. The local government has no power on its own to issue injunctions - they can only be
issued by a State court. Thus the municipal attorney should always be called in to institute the
proper action.
9
CONCLUSION
Effective zoning enforcement prevents or corrects violations of the zoning law, and therefore
effectuates zoning‟s basic purposes: to protect the general health, safety and welfare of the
citizens of the municipality. The zoning law is only as good as its enforcement; without proper
enforcement, zoning consists merely of words on paper. Great care should therefore be taken
when drafting the enforcement section of the zoning law. The authority to enforce, and the
procedures for doing so, should be clearly spelled out. The ZEO should be given very specific
guidelines regarding her/his powers and duties, to avoid confusion and to promote greater
consistency in enforcement.
When a violation comes to the attention of the ZEO, it is critical that the enforcement process
begin. In many cases, the violation results from an oversight on the landowner's part, and all that
is needed is informal contact or a notice of violation. If not, the enforcement procedure provides
for other administrative and judicial remedies to enforce compliance.
Written documentation and good record-keeping are also critical elements of the enforcement
process. The ZEO best accomplishes this by using standardized forms that the legislative body
adopts. Many sample forms are included for guidance, in the Appendix of this publication.
10
Appendix 1--Complaint Form
Tax Parcel Number: Section: Block: Lot:
Log No.: ________________
COMPLAINT OF VIOLATION
Form of Complaint: □ Phone □ Letter (attach)
Complainant: ____________________________________________________________________________
Address: ______________________________________________________________________________
Phone: _________________________________________________________________________________
Site Location: ___________________________________________________________________________
Property Owner: _________________________________________________________________________
Nature of Complaint: _____________________________________________________________________
ACTION BY ENFORCEMENT OFFICER:
Possible violation of Article _____________ , Section _______________, Subsection ___________ of the
_________________________________________(name of the law)_______________________________
Site Inspection completed on _______(date)____ at _______(time)_______[AM/PM]
Report of Findings: ______________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Action taken: _______________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
__________________________________
Zoning Enforcement Officer
11
Appendix 2—Enforcement Inspection Report Form
Tax Parcel Number: Section: Block: Lot:
Log No.: ________________
ENFORCEMENT INSPECTION REPORT
Parcel
Location:_____________________________________________________________________________
Property Owner: _________________________________________________________________________
Address: _____________________________________________________________________________
Phone: _____________________________
Initiated by:
□ Referral from Official □ Unrelated Inspection □ Citizen Complaint
□ Drive-by Inspection □ Routine Enforcement Inspection
Date of Inspection: __________________________________________
Violation Type:
□ Use □ Building Condition □ Setback
□ Sign □ Junk or trash □Abandoned Auto
□ Weeds □ Housing
□ None Observed □ Other (Specify): ___________________________________________________
Describe Violation: _______________________________________________________________________
_______________________________________________________________________________________
________________________________________________________________________________
Photos Taken: ___________ Date: ____________________
Violation of Article _______ Section __________________
Informal Contact Results: _______________________________________________________________
_______________________________________________________________________________________
________________________________________________________________________________
Deadline(s) set (if applicable):
Date: _______________________________________________________________________________
12
Action to occur by deadline:____________________________________________________________
Follow-up of Informal Contact: ______________________________________________________________
□ Case closed □ Enforcement action checklist begun: ___________(date)____________________
________________________________________
Zoning Enforcement Officer
13
Appendix 3–Enforcement Checklist
Tax Parcel Number: Section: Block: Lot:
Log No.: ________________
ENFORCEMENT ACTION CHECKLIST
Owner: ________________________________________________________________________________
Address: ______________________________________________________________________________
City/State/Zip: ________________________________________________________________________
Phone: _______________________________________________________________________________
Describe Violation: ______________________________________________________________________
_______________________________________________________________________________________
________________________________________________________________________________
in Violation of Article _______, Section _______, Subsection._____________.
Action Recommended by Inspector:
□ Withhold Permits □ Stop work order/ Cease and desist order
□ Information and Complaint filed with local justice
□ Attorney contacted to file for injunction □ Appearance ticket issued
Recommended Action Approved:
_________________________________________ ________________________
Supervisor Date
Actions:
Date Action Initials
___________ No violation found/no action taken ___________
____________ Matter adjusted informally __________
____________ Notice of Apparent Violation sent __________
____________ Notice of Violation/Order to Remedy sent __________
14
____________ Building Department notified to withhold permits __________
____________ Stop Work/Cease and Desist Order issued & served __________
____________ Information and Complaint filed with Local Justice __________
____________ Appearance Ticket issued __________
____________ Referred to Town/Village Attorney for Possible Injunction __________
15
Appendix 4--Proof Chart Form
Tax Parcel Number: Section: Block: Lot:
Log No.: ________________
PROOF CHART
Town/Village of :_______________________________________________________________________
Name of Violator :_______________________________________________________________________
Address of Violator :_____________________________________________________________________
T. M. Number:__________________________________________________________________________
Violation Alleged: ______________________________________________________________________
______________________________________________________________________________________
________________________________________________________________________________
Elements to Be Proven Witnesses Evidence Problems
1)
2)
3)
4)
5)
6)
16
Appendix 5--Initial Follow-up Letter of Citizen Complaint
(date)
(name)
(address)
(city, state, zip code)
Dear ___________________________,
This letter will confirm the receipt and initial processing of your complaint about a possible zoning violation
at _______________(location)__________________. It is our understanding that the alleged violation
consists of the following: ____________________(description)__________________________________
______________________________________________________________________________________
(Select the appropriate paragraph to include in your letter.)
□ The information which you provided does not indicate a violation of the applicable zoning regulations or
other land use regulations. The activity that you described is permitted on that property. If the description
of the alleged violation contained is not accurate, please notify this office and we will reevaluate the
situation. Unless we hear further from you this file will be closed.
□ An inspector from this office has completed a preliminary investigation and cannot confirm the facts that
you reported to us. Specifically, on ( date of inspection) , our inspector found no evidence of the
activity that you described. If this situation recurs, or if you have additional information that might be
useful to us, please contact this office. Unless we hear further from you, this file will be closed.
□ The matter that you describe may be controlled by deed restrictions. Deed restrictions, or restrictive
covenants, are essentially private contractual agreements that are a part of the land title. Deed restrictions
often control land use, building type, and location, just as zoning does. In some cases, deed restrictions are
more restrictive than the zoning regulations. This municipality plays no part in the enforcement of private
deed restrictions. Your attorney can furnish you with information on your rights
□ An inspector from this office has contacted the property owner informally. At this time, it appears that the
property owner will voluntarily eliminate the violation in the near future. However, we will continue to
monitor the situation until the violation is eliminated.
□ An inspector from this office has inspected the property and has initiated normal administrative pro-
ceedings for the correction of any violation. This matter has now become a formal enforcement action,
identified as case number (case #) . If you have questions about the status of this case, you may
contact this office. We will contact you when we believe the matter has been resolved.
Thank you for contacting us.
Sincerely,
___________________________________
Zoning Enforcement Officer
17
Appendix 6--Final Follow-up Letter of Citizen Complaint
(date)
(name)
(address)
(city, state, zip code)
Dear ___________________________,
On_______________(date)_____________ you contacted this office regarding a possible violation of zoning
or land-use regulations at _____________________(violation address)_______________________. The
purpose of this letter is to inform you of the conclusion of the enforcement action begun as a result of your
complaint.
(Select the appropriate paragraph to include in your letter)
□ We are pleased to inform you that the violation has been eliminated as a result of:
□ successful administrative enforcement action.
□ the imposition of civil penalties.
□ a court order for the abatement of the violation.
□ We regret to inform you that, after further investigation, our office, in consultation with an attorney, has
determined that we do not have a case that can be successfully prosecuted in court. We understand your
frustration with this situation, but we hope that you can understand our reluctance to prosecute a case we
cannot win. We are reexamining the applicable regulations to determine whether those regulations should be
revised to facilitate future prosecutions.
□ We regret to inform you that we took this enforcement action to court and were not successful. If you
would like to see a copy of the court order in this matter, please contact this office.
Thank you for contacting us regarding this matter.
Sincerely,
________________________________________
Zoning Enforcement Officer
18
Appendix 7A--Administrative Search Warrant Application
STATE OF NEW YORK }
COURT }
COUNTY OF }
In the Matter of an Administrative Inspection
of _________________________ under the control of ___________________ presently
located at ___________________________
in the ____________________, County of
______________ by the ________________
APPLICATION FOR ADMINISTRATIVE
INSPECTION WARRANT UNDER THE
____________________________________
To: Honorable ___________________________
Justice of the _________________________
1. ________________(Name)_________, __________(Title)__________ of the
_______________________, duly authorized by the ______________________ to act herein, applies for an
Administrative Inspection Warrant, pursuant to the applicable provisions of statute, for:
□ (a) Entry upon the above captioned premises.
□ (b) Inspecting of such premises.
□ (c) Obtaining of materials described as
_______________________________________________.
□ (d) Access to and the copying of any records relating to such premises and materials.
2. Upon information and belief, said □ entry, □ access to and copying of records, □ inspection,
□ obtaining of materials: □ was last undertaken on □________________________ has never been
undertaken.
3. Pursuant to ________________________and the law therein cited and authorizing the same, the
_________________________of the _____________________ may enter and inspect any property, premise,
or place for the purpose of:
□ inspecting an actual violation of that [local law/ordinance],
□ inspecting a suspected violation of that [local law/ordinance],
□ ascertaining compliance or non-compliance with that [local law/ordinance].
Further, ___________________ provides that an authorized representative of the ____________________
shall have a right to (a) enter any premises where a violation of that [law/ordinance] may have been
committed; (b) inspect such premises; (c) obtain materials from any person which may substantiate allegation
of such violation; and (d) have access to and copy any records relating to such alleged violation. To the
19
extent required by law, any information relating to the private concerns of persons which is obtained in the
course of inspection or obtaining of materials shall be kept confidential.
4. The People of the ___________________ through the ___________________ Board have established
that the public has a valid interest in the proper management of land use and in effective enforcement of the
land use laws and regulations of the ___________________. The public interest necessarily includes, but is
not limited to:
_____________________________________________________________________________________
_______________________________________________________________________________________
________________________________________________________________________________
5. In order to safeguard the public interest as outlined in paragraph 4 above, and to ensure the effective
enforcement of the land use laws and regulations of the ________________________, the
_____________________ must:
_______________________________________________________________________________________
_______________________________________________________________________________________
6. Based on the statutory authority allowing __________________□ entry, □ to inspect, □ to obtain
materials, □ access to and the copying of required records, and the public interest and necessity for said □
entry, □ inspection, □ obtaining of materials, o access to and copying, there is sufficient justification for the
issuance of an Administrative Inspection Warrant.
7. Upon information and belief, ____________(Name)_________________, in his capacity as
____________________________ of the ________________________________, in the course of his duties
attempted to:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
the consent of ________________________. This ________________________ was controlled
by______________________, located at ________________________________, in the
__________________________, County of _________________, State of New York. Permission to make
the inspection was denied by ___________________________________________ in the following manner:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
8. Upon information and belief further attempts to_________________________________________
_______________________________________________________________________________________
at this time would be to no avail and would result in a similar refusal by ____________________________
as described in paragraph 7 above.
20
9. Upon information and belief said __________________________________ will in the future continue to
refuse the statutory right of ____________________________ to ____________________________
_______________________________________________________________________________________
________________________________________________________________________________
as set forth in paragraph 3 above, unless the court grants the Administrative Inspection Warrant requested
herein.
10. The □ entry, □ inspection, □ obtaining of materials, □ access to and copying of required records
requested herein will be undertaken during reasonable hours and the credentials of the employee or
employees of ______________________________ undertaking the same will be exhibited to persons in
control of ____________________ located at_________________________ in the State of New York. Such
□ entry, □ inspection, □ obtaining of materials, □ access to and copying of required records will be
undertaken by ___________________________ or other agent of ________________________ as soon as
practicable after the issuance of the warrant herein requested but in no event later than ten (10) days after the
issuance of the Administrative Inspection Warrant and will be completed with reasonable promptness.
11. When the □ entry, □ inspection, □ obtaining of materials, □ access to and copying of required records has
been completed, a return shall be made to this court showing that it has been completed.
12. The authority in support of this application for the issuance of the Administrative Inspection Warrant
requested herein is based on Section 2-b of the Judiciary Law, the provisions of the ___________________
set forth herein, and the decisions in the cases of Camara v. Municipal Court, 387 U.S. 523, See v. Seattle,
387 U.S. 541, and Marshall v. Barlow, 436 U.S. 307.
STATE OF NEW YORK }
} ss.:
COUNTY OF ______________________}
___________________________________being duly sworn, deposes and says: I have read the foregoing
application for an Administrative Search Warrant and know the contents thereof to be true except as to the
matters stated therein to be alleged on information and belief, and as to those matters I believe it to be true.
________________________________________________________
Sworn to before me this ______________
day of ______________________, 20___.
__________________________________
NOTARY PUBLIC
21
Appendix 7B--Administrative Search Warrant Affidavit
STATE OF NEW YORK }
___________________COURT }
COUNTY OF _______________}
In the Matter of an Administrative Inspection
of ___________________________ under the
control of _____________________ presently
located at _____________________________
in the _______________________, County of
______________ by the ________________
AFFIDAVIT
__________________________(Name)____________________, an official of the ___________________,
being duly sworn, deposes and says:
1. I am ______________________ of the _________________________________. I have been employed
by __________________ to enforce its land use regulations and my responsibilities
include:_________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
________________________________________________________________________________
2. In order to ensure credible and effective enforcement of the ___________________________________
and rules and regulations promulgated pursuant thereto, it is necessary and reasonable to conduct
unannounced periodic inspections of the ____________________________ including places and points
where violations of the _________________________________are alleged to be or have been committed.
3. Upon information and belief and based on a review of evidence before me,
______________________________ is believed to have committed a violation of Article ____, Section
_____ of the __________________________ .
4. Upon information and belief, the above cited violation of ___________________________ by
_____________________consists, in part, of _________________________________________________
_______________________________________________________________________________________
________________________________________________________________________________
5. The premises to be inspected, described in paragraph 4 above, is located at
_____________________________, in the ___________________________, County of
_______________________and State of New York, and is specifically situated and described as follows:
_______________________________________________________________________________________
_______________________________________________________________________________________
________________________________________________________________________________
22
6. Upon information and belief these premises o have never been inspected o were last inspected
on_____________________________________________________________________________________
________________________________________________________________________________
7. The ____________________ has developed a routine inspection program for the purpose of ascertaining
compliance or non-compliance with ________________________________________________________.
8. On ___________(date) _______________, I attempted to conduct an inspection of the premises as
described in paragraphs 4 and 5 above.
9. At that time, I stated the purpose of my inspection, the statutory authority under which I was conducting
the inspection, and presented my credentials, consisting of _______________________________________,
to ____________________________________________. Following this identification process, I was
denied the right to make the inspection or collect the materials. The denial consisted of
_______________________________________________________________________________________
_______________________________________________________________________________________
________________________________________________________________________________
______________________ As a result of this denial, I left without making the inspection or collecting
materials.
10. Upon information and belief, further attempts by the ______________________________________to
conduct an inspection or collect materials would be to no avail and would result in a similar refusal as set
forth in paragraph 9 above.
11. I make this Affidavit in support of an application for an Administrative Inspection Warrant in relation to
the alleged violation of _______________________ set forth in paragraphs 4 and 5 above and under the
control of ________________________________________________________________________.
__________________________________________
Sworn to before me this ______________
day of ______________________, 20___.
__________________________________
NOTARY PUBLIC
23
Appendix 7C--Administrative Search Warrant
STATE OF NEW YORK }
___________________COURT }
COUNTY OF ______________ }
In the Matter of an Administrative Inspection
of ___________________________ under the
control of _____________________ presently
located at _____________________________
in the _______________________, County of
______________ by the ________________
ADMINISTRATIVE
INSPECTION WARRANT
Index No.
To: Officers and Employees Charged with Land Use Enforcement of the ________________________
Application having made and administrative probable cause shown by______________________________,
________________________ of the_________________________________________ for:
□ (a) Entry upon the above captioned premises.
□ (b) Inspecting of such premises.
□ (c) Obtaining of materials described as .
□ (d) Access to and the copying of any records relating to such premises and materials.
NOW, THEREFORE, pursuant to the provisions of _______________________________________and
the decisions of the United States Supreme Court in Camara v. Municipal Court, 387 U.S. 523, See v. Seattle,
387 U.S. 541, and Marshall v. Barlow, 436 U.S. 307, you are hereby authorized to:
□ (a) Enter upon any premises where a violation of the land use regulations of
is alleged to have been committed.
□ (b) Inspect such premises.
□ (c) Obtain materials as described above.
□ (d) Have access to and copy any records relating to such premises and materials.
Said □ entry, □ inspection, □ obtaining of materials, □ access to and copying of records shall be undertaken
during normal business hours and as soon as practicable after the issuance of the warrant herein requested but
in no event later than ten (10) days after the issuance of the Administrative Inspection Warrant and will be
conducted with reasonable promptness.
The persons authorized to □ enter, □ inspect, □ obtain materials, □ have access to and copy records shall state
their limited purposes of __________________________________________________________________
_______________________________________________________________________________________
present to the owner, operator, or agent in control of ___________________________________________
appropriate credentials and a copy of this Administrative Inspection Warrant.
24
Any person who refuses the execution of this Administrative Inspection Warrant or impedes the inspector in
the execution of this warrant shall be advised that such refusal or action constitutes a violation of Section
195.05 of the Penal Law, and that if such person persists and the circumstances warrant, s/he shall be arrested
and the inspection shall commence or continue.
A return shall be made to this court showing that the inspection has been completed and the date thereof.
_____________________________________, Justice of
the________________________Court
Dated this ________day of_______, 20___
25
Appendix 7D--Administrative Search Warrant Return
STATE OF NEW YORK }
___________________COURT }
COUNTY OF _______________}
In the Matter of an Administrative Inspection
of ___________________________ under the
control of _____________________ presently
located at _____________________________
in the _______________________, County of
______________ by the ________________
ADMINISTRATIVE INSPECTION
WARRANT RETURN
Index No.
To: Honorable __________________________
Justice of the ________________________
Pursuant to the Administrative Inspection Warrant issued to you over date of ________________________,
inspection as authorized in said warrant was made and completed on
___________(date)_________________ by________________(name)_____________________________,
________________(title)______________ .
Attached is a copy of the Inspection Report dated _________________________________.
STATE OF NEW YORK }
___________________COURT }
COUNTY OF _______________}
__________________________________________, being duly sworn, deposes and says that s/he has read
the foregoing inspection warrant return subscribed by him/her; that s/he knows the contents thereof; and that
the same is true to his/her knowledge.
Sworn to before me this ______________
day of ______________________, 20___.
__________________________________
NOTARY PUBLIC
26
Appendix 7E - Administrative Search Warrant Return - Directions for Filing
STATE OF NEW YORK }
___________________COURT }
COUNTY OF _______________}
In the Matter of an Administrative Inspection
of ___________________________ under the
control of _____________________ presently
located at _____________________________
in the _______________________, County of
______________ by the ________________
DIRECTIONS
FOR FILING
Index No.
The annexed return of the Administrative Inspection Warrant issued by me over date
of_____________________ __________________________________has been returned to me.
I HEREBY DIRECT that the original warrant, the application for same, and the return be filed in the
_________________ (City, Town, Village) Clerk‟s office.
_________________________________________________
Justice of the _______________________Court
27
Appendix 8--Letter of Violation
NOTICE OF APPARENT VIOLATION
(date)
(name)
(address)
(city, state, zip code)
Dear ________________________,
According to records of the Town of ____________________Assessor, you are the owner of property
located at _____________(violation address)_______________. On (inspection date) , I observed
an apparent violation of the Zoning Law/Ordinance on your property, specifically: _________ (description
of violation)_______________________________________________________________________.
That activity is a violation of Article _____, Section ______ of the Zoning Law, a copy of which is attached
for your information. I hereby request that you either eliminate the violation or file plans with this office for
corrective construction by __________________(date).
If you believe that you are not in violation of the Zoning Law, please contact this office to review the
situation. If you intend to bring your property into compliance with the law, but you cannot meet the stated
deadline, please contact this office and we will attempt to work with you on a short extension.
If you do not take the requested action or make other arrangements with this office by (date) , we will
begin formal enforcement action against you. You will NOT receive an additional warning before we begin
formal enforcement action.
THIS IS THE ONLY LETTER YOU WILL RECEIVE. Your next communication from us will involve
formal enforcement action.
If you wish to discuss any aspect of your case, you can call me at (phone number) . Because I am often
in the field, the best time to reach me is between (time and days available)
.
Sincerely,
_______________________________________
Zoning Enforcement Officer
28
Appendix 9--Notice of Violation Form
Tax Parcel Number: Section: Block: Lot: Log No.: ________________
NOTICE OF VIOLATION - ORDER TO REMEDY
(date)
(name)
(address)
(city, state, zip code)
Dear ______________________________,
You are hereby notified that you have been found to be in violation of the Zoning Law Article ______,
Section ______, Subsection ______. The specific violation is:
______________________________________________________________________________________
______________________________________________________________________________________
________________________________________________________________________________
as observed by the zoning enforcement officer on ________(date)____.
The following corrective measures should be taken no later than ________(date)_____ or penalties may be
assessed:_______________________________________________________________________________
______________________________________________________________________________________
For the purposes of applying the penalties described in the Administrative Section of the Zoning Law, your
first violation shall be deemed to have occurred as of _______(date)_______.
Please Note: A violation of this code is punishable by a fine not to exceed (amount) . Each (time
period) of continued violation shall constitute an additional, separate offense, after court
determination.
If you have questions, please contact me.
Sincerely,
____________________________________
Zoning Enforcement Officer
29
Appendix 10--Stop Work Order Form
Tax Parcel Number: Section: Block: Lot:
Log No.: ________________
Town of ___________
____________ County, New York
Zoning Law
Stop Work Order
YOU WILL PLEASE TAKE NOTICE that there exists a violation of Article , Section _______,
Page
__________ of the ______________ Zoning Law (or line out “zoning law” and substitute other law or
ordinance as applicable) at the following location: _________________________________________
______________________________________________________________________________________
Tax Map Number: ___________________ in that: ________________(state character of violation)
______________________________________________________________________________________
______________________________________________________________________________________.
You are hereby
Directed and Ordered to Stop Work,
comply with the law, and to remedy the conditions above mentioned
on or before _____(date)___________.
Failure to remedy the condition aforesaid and to comply with the applicable provisions of law
may constitute an offense punishable by fine, imprisonment, or both.
________________________ __________________________________________
Date Zoning Enforcement Officer
cc: Town Clerk
30
Appendix 11--Appearance Ticket Form
VIOLATION APPEARANCE TICKET
Defendant Name ____________________________________________________________
Address ___________________________________________________________________
Telephone ___________________________________________Date __________________
You are hereby notified that you are charged with violating the Law/Ordinance of the [Town/Village] of
________________________indicated below. A conviction on this charge could result in a maximum
fine not to exceed ____________________________________.
Name of Law: _________________________________________________________
Article:___________________________Section:______________________________
Adopted ______________________________________________________________
In that on the ________ day of _____________________, 20___, at _________ o‟clock in the
[fore/after] noon, at __________________(location)____________________, defendant
did__________________________________________________________________________________
_____________________________________________________________________________________
______________________________.
I hereby affirm the above to be true to the best of my knowledge
____________________________________________________
Signature, Zoning Enforcement Officer
You are hereby directed to appear in the [Village/Town] Court on the __________ of _____________
20____, at ______ o'clock [AM/PM] at ________________________________________________
YOUR FAILURE TO APPEAR COULD RESULT IN A WARRANT BEING ISSUED FOR YOUR
ARREST.
NOTICE: YOU ARE ENTITLED TO RECEIVE A SUPPORTING DEPOSITION FURTHER
EXPLAINING THE CHARGES, PROVIDED YOU REQUEST SUCH SUPPORTING DEPOSITION
WITHIN THIRTY DAYS FROM THE DATE YOU ARE DIRECTED TO APPEAR IN COURT AS
SET FORTH ON THIS APPEARANCE TICKET. DO YOU REQUEST A SUPPORTING
DEPOSITION? □ Yes □ No
Receipt Acknowledged:__________________________________________
Defendant
31
Appendix 12—Criminal Summons
STATE OF NEW YORK }
} SS.:
COUNTY OF ______________________}
CITY/TOWN/VILLAGE OF___________COURT}
THE TOWN/VILLAGE OF_________________,
Plaintiff,
Against________________________________,
Defendant
SUMMONS
In the name of the (City/Town/Village) of_______________________:
To:_____________________________:
AN ACCUSATORY instrument, namely a Violation Code Appearance Ticket having been filed with the
above court on the ______day of____________20___, by__________________________________,
Stating that you did commit the following offense: Violation of (code section or title of local law) of the
City/Town/Village of________________________________.
YOU ARE HEREBY SUMMONED to appear before this court at (address)
On the ____day of_____________20__, at ______(A.M./P.M.) in connection with the said accusatory
instrument.
AND UPON YOUR FAILURE to appear at the time and place herein mentioned a WARRANT may be
issued for your arrest for the offense charged.
Dated: _______________20__
__________________________, New York
_______________________________________
Justice of the (City/Town/Village) Court
32
Appendix 13--Information and Complaint Form
INFORMATION AND COMPLAINT
[Village/Town] Court of the [Village/Town] of _________________________, County of ___________
The People of the State of New York
against
_______________________________
(Defendant)
STATE OF NEW YORK }
} SS.:
COUNTY OF ______________________}
FIRST COUNT
The complainant, ________________________, Zoning Enforcement Officer of the [Town/Village] of
____________________, County of __________________, being duly sworn, deposes and says:
1. I am the Zoning Enforcement Officer for the [Town/Village] of ___________________and make
this information based upon personal knowledge.
2. On _____(date)_________, at ______(time)___, defendant ____________(name)____________
did commit a violation of the [Town Village] Zoning [Law/Ordinance], Article _______, Section _______,
in that at that date and time at ___________(location)________________________________, in the
[Town/Village] of_______________________, defendant did__________________________________
______________________________________________________.
3. Upon information and belief, defendant was and is the [owner/tenant] of the property referenced
above in the [Town/Village] of __________________, and as such, was responsible for the conditions
described above.
4. The condition constituting the violation [is/is not] a continuing violation and has been observed or
reported on the following other dates and times: _______________________________________________
________________________________________________________________________________.
5. Defendant has failed to abate or remedy the alleged violation despite the following requests to do
so: __________________________________________________________________________________
__________________________________________________________ Copies of all written requests are
annexed.
WHEREFORE, your deponent requests that the court take action against defendant as allowed by law.
Sworn to before me this
_____ day of ________20___
______________________
Notary Public
33
Endnotes
1 General City Law §27; Town Law §271; Village Law §7 -718.
2 Town L. §266; Vil. L. §7-710.
3 Gen. City L. §81; Town L. §267; Vil. L. §7 -712.
4 Town L. §64; Vil. L. §4-412. For procedures in cities, the reader should consult individual city charters.
5 Gen. City L. §§27-a, 27-b; Town L. §§274-a, 274-b; Vil. L. §7-725-a, 7-725-b.
6 Gen. City L. §32; Town L. §276; Vil. L. §7 -728.
7 Gen. City L. §81-a(4); Town L. §267-a(4); Vil. L. §7-712-a(4).
8 Bower Associates v. Town of Pleasant Valley, 2 N.Y.3d 617 (2004).
9 See endnote 3.
10 See endnote 7.
11 Gen. City L. §27(14); Town L. § 271(14); Vil. L. §7-718(14).
12 Gen. City L. §28-a; Town L. §272-a; Vil. L. §7-722.
13 See endnote 2.
14 See Camara v. Municipal Court, 387 U.S. 523 (1967); See v. City of Seattle, 387 US 541 (1967).
15 Gen. City L. §81-a(5)(b); Town L. §267-a(5)(b); Vil. L. §7-712-a(5)(b).
16 See Knight v. Amelkin, 68 N.Y.2d 975 (1986).
17 Gen. City L. §81-b(1); Town L. §267(1); Vil. L. §7 -712(1).
18 Gen. City L. §81-a(6); Town L. §267-a(6); Vil. L. §7-712-a(6).
19 Town L. §264; Vil. L. §7-706. For procedures in cities, the reader should consult individual city charters.
20 Mun. Home Rule L. §10(4)(b); Town Law §268(1); Op. Atty. Gen. (Inf.) No. 2005 -18.
21 A “violation” is “an offense, other than a „traffic infraction‟, for which a sentence to a term of imprisonment in
excess of fifteen days cannot be imposed.” Penal L. §10.00(3).
22 A “misdemeanor” is “an offense, other than a „traffic infraction‟, for which a sentence to a term of imprisonment
in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year
cannot be imposed.” Penal L. §10.00(4).
23 See, generally, Crim. Proc. L., Art. 100.
24 Crim. Proc. L. §110.10 and , generally, Art. 130.
25 Mun. Home Rule L. §10(4)(b).
26 Crim. Proc. L. §110.10 and , generally, Art. 150.
27 Town L. §268.
28 County L. §700(1); Peo. v. Van Sickle, 13 N.Y.2d 61 (1963).
29 Ops. Atty. Gen. (Inf.) Nos. 90-8, 97-52.
30 Mun. Home Rule L. §10(4)(b); Town Law §268(2); Vil. L. §7 -714.
31 For information regarding the powers of courts to issue orders and injunctions, see, generally, Const., Art. 6§7;
City Court Act §1508; Youngs v. Carter, 10 Hun. 194; Matter of Schneider v. Aulisi, 307 N.Y. 376 (1954).