Burlington Zoning Ordinance

Article 19: Enforcement

Sec. 19.1.1 Intent. The intent of this article is to set forth efficient and effective procedures for the enforcement of the provisions of this ordinance.

Sec. 19.1.2 Authority. These regulations are enacted under the provisions of 24 V.S.A. Sections 1974a, 1977, 4444 and 4445. (See Amendments Index A-1; Zoning Amendment 02-04, Effective 11/6/02).

Sec. 19.1.3 Enforcement Officer. The administrative officer or his or her designee shall enforce this ordinance. The administrative officer shall not issue a permit for the erection or alteration of any structure or part thereof unless the plans, specifications and intended use of such structure or structures are in all respects in conformity with the provisions of this ordinance. The administrative officer may request other city officials to assist with the enforcement of this ordinance, including planning and zoning staff, housing and building inspectors, police officers, city attorney, and/or city constable.

Sec. 19.1.4 Entrance Upon Premises. The administrative officer, or his or her designee, as a representative of the development review board, may enter upon any land in the city to make examinations and surveys pursuant to 24 V.S.A. Section 4325(9). When entrance upon property is refused or denied, the administrative officer may seek a warrant for the purposes of conducting an examination of the premises. A warrant shall only be requested when another city official that a zoning violation allegedly exists has filed with the administrative officer or upon notification a written complaint.

Sec. 19.1.5 Complaints Regarding Violations. Whenever the administrative officer receives a written, signed complaint alleging a violation of this ordinance, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing, if so requested, what actions have been or will be taken. A written complaint shall not be considered a public record unless and until such complaint is entered into evidence as part of a court hearing on an alleged violation.

Sec. 19.1.6 Persons Liable. The owner, tenant, or occupant of any structure or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

Sec. 19.1.7 Offenses, Penalties. A violation of this ordinance shall constitute a civil offense. Each day that a violation is continued shall constitute a separate offense. Offenses may be pursued through a municipal civil complaint ticket or an enforcement action as described below.

1. Municipal Civil Complaint Ticket: Any designated code enforcement officer may issue a municipal complaint ticket for zoning violations with two copies of said ticket to be served either in person or by first class mail to the defendant (one copy shall be retained by the issuing officer and the original shall be filed with the Judicial Bureau). The issuing officer shall follow the procedure set forth by the Judicial Bureau for municipal complaint tickets.
   
   The first offense ticketed for a violation shall be punishable by a fine of one hundred dollars ($100.00), the waiver fee shall be one hundred dollars ($100.00); a second offense ticketed for the same violation shall be punishable by a fine of one hundred and fifty dollars ($150.00), the waiver fee shall be one hundred and fifty dollars ($150.00); a third offense ticketed for the same violation shall be punishable by a fine of two hundred and fifty dollars ($250.00), the waiver fee shall be two hundred and fifty dollars ($250.00). Upon the fourth offense, the City may request that the case be transferred from the Judicial Bureau to the Environmental Court, or any other court of competent jurisdiction.
   
   
2. Enforcement Action: An enforcement action may be brought for any violation of this ordinance. Pursuant to an enforcement action, any person who violates this ordinance shall be fined not more than one hundred dollars ($100) for each offense. No action may be brought under this subsection unless the alleged offender has had at least seven (7) days' warning notice by certified mail. An action may be brought without the seven (7) day notice and opportunity to cure if the alleged offender repeats the violation of the by-law or ordinance after the seven (7) day notice period and within the next succeeding twelve (12) months. The seven (7) day warning notice shall state that a violation exists, that the alleged offender has an opportunity to cure the violation within the seven (7) days and that the alleged offender will not be entitled to an additional warning notice for a violation occurring after the seven (7) days. In default of payment of the fine, such person, the members of any partnership, or the principal officers of such corporation, shall each pay double the amount of such fine. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violation of by-laws shall be paid over to the City.
   
   

(See Amendments Index A-1; Zoning Amendment 02-04, Effective 11/6/02).

Sec. 19.1.8 Processing Fee. If any enforcement action results in the need for a zoning permit for the subject property, the application fee(s) for processing such permit shall be twice the regular application fee charged if the application is made within 7 days of receipt of the violation notice, or triple the regular application fee if the application is made between 7 to 15 days of receipt of the violation notice, or triple the regular application fee plus $75/hour staff time up to $500 worth of staff time if the application is made after 15 days of receipt of the violation notice in order to recoup the administrative costs associated with the enforcement action. These fees shall be separate from any penalties that may be assessed under Sec. 19.1.7. (Zoning Amendment 03-03, Effective 4/7/04)

Sec. 19.1.9 Remedies. If any street, building, structure, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this ordinance, or in violation of one or more conditions of a permit issued under this ordinance, the administrative officer shall institute in the name of the city any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate such construction or use, to prevent, in or about such premises, any act, conduct, business or use constituting a violation. (Zoning Amendment 95-06, Effective 2/7/96)

Sec. 19.1.10 Administrative Appeal. A decision by the administrative officer pertaining to an alleged zoning violation may be appealed to the development review board in accordance with the provisions of Article 17 provided that such appeal is filed within fifteen (15) days of the administrative officer's decision.

End of Article 19: Enforcement