The enforcing officer is hereby authorized and empowered to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this chapter, provided that such rules and regulations do not conflict with this chapter and conform to the general standards prescribed by this chapter. The enforcing officer shall file copies of such rules and regulations with the Village Clerk, Village Engineer and Fire Commission and shall make available in the Village Clerk's office a copy for inspection by members of the public during regular business hours. Such rules and regulations shall have the approval of the Board of Trustees. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the violations thereof shall be enforced as violations of the express provisions of this chapter as herein provided.
A. 
The Board of Trustees shall have the power to withhold strict enforcement of the requirements of this chapter upon written application therefor by an owner, operator or occupant, after making determination that:
(1) 
Any variation or modification of structure or use will not in any material way alter the standards of this chapter and cannot affect detrimentally the health or safety of occupants or owners of adjacent premises or of the neighborhood.
(2) 
Strict enforcement would constitute an undue and unnecessary hardship on the owner, operator or occupant because it would compel expenditures on the premises which would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom.
(3) 
The owner, operator or occupant is without any practical or feasible means to comply with the strict provisions of this chapter.
(4) 
Premises subject to this chapter which are contemplated for acquisition or are within an area where acquisition is contemplated by a public agency having the power of eminent domain and that there is a reasonable likelihood that said premises will be acquired within a period of two years and that the strict enforcement of the provisions of this chapter would require the installation of repairs and improvements estimated to exceed $300 in cost and there is an alternative means satisfactory to the enforcing officer to be used which will eliminate violation of this chapter constituting hazards to the health, safety and welfare of the occupants of the premises and persons in the immediate vicinity thereof; provided, however, that any waiver of the provisions of this chapter permitted under this subsection shall be canceled and the enforcing officer shall strictly enforce this chapter if it shall be ascertained subsequent to the granting of the waiver that the premises are in fact not to be acquired for any public use or purpose.
B. 
Upon denial of any such application, the owner, operator or occupant may request a hearing which shall be held in accordance with the provisions of § 154-43K.
C. 
Such application shall not constitute a defense of any violation of this chapter concerning which any proceedings are pending in the Justice Court when the application is filed, nor shall any variance or modification allowed hereunder constitute a vested right against any local law enacted hereinafter by the Board of Trustees compelling strict enforcement of any provisions of this chapter.
D. 
Where variations or modifications of any section of this chapter are approved by the Board of Trustees or by action of any court, a written record thereof, stating the name of the applicant, the address of the premises, the variation or modification approved, date of approval and the reasons therefor and satisfying the provisions contained herein, shall be prepared by the enforcing officer and filed both under the section or sections of this chapter to which the variation or modification applies and under the address of the premises, and such files shall be available for public inspection in the office of the Village Clerk during regular business hours.