Village of Fayetteville, NY Enforcement

The Codes Enforcement Officer is hereby authorized to make and adopt, upon approval of the Village Board of Trustees, such rules and regulations as may be necessary for the clarification and proper enforcement of the provisions of this chapter. Such rules and regulations shall not be in conflict with the provisions of this chapter. A certified copy of such rules and regulations shall be filed with the Village Clerk and shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as for violation of the provisions of this chapter.

§ 99-9 Powers and duties of Codes Enforcement Officer.

Entry, examination, survey. The Codes Enforcement Officer or his duly authorized representative is hereby authorized, upon showing proper identification, to enter, examine and survey at any reasonable time all dwellings, dwelling units, rooming houses, rooming units and premises located within the Village.

Duty of occupant The occupant of every dwelling, dwelling unit, rooming unit or the person in charge thereof shall give the Codes Enforcement Officer or his representative free access to such units and premises at all reasonable times for the purpose of such inspection, examination and survey.

§ 99-10 Service of notices and orders.

Whenever the Codes Enforcement Officer finds that there has been a violation of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice to the person or persons responsible. Such notice shall:

Be in writing.

Include a description of the real estate sufficient for identification.

Include a statement of the reason or reasons why the notice is being issued.

Set a reasonable time for the performance of any act it requires.

Be served upon the owner or his agent or upon the occupant, as the case may require. Such service shall be in person or by letter or in any other manner authorized or required by law.

§ 99-11 Abatement of violations.

Failure to correct conditions. When upon reexamination, after the expiration of the time for compliance, the Codes Enforcement Officer finds that the violation has not been corrected, then he is authorized to cause such dwelling to be repaired, altered or improved or to be vacated or closed.

Placarding, removal of building. Whenever the Codes Enforcement Officer finds that any dwelling constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infested or lacking in the facilities required by this chapter, he shall designate such dwelling unfit for human habitation and shall cause to be posted on the main entrance of any dwelling so closed a placard with the following words: THE USE OF THIS BUILDING FOR HUMAN HABITATION IS PROHIBITED AND UNLAWFUL. If the owner fails to comply with an order to remove or demolish the dwelling, the Codes Enforcement Officer may cause such dwelling to be removed or demolished.

Lien for cost of work. The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, when done by the Codes Enforcement Officer, shall be a municipal lien against the real property upon which such cost was incurred. However, nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.

Complaint or order; service, recording. Complaints or orders issued by the Codes Enforcement Officer pursuant to this chapter shall be served upon persons either personally or by mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Codes Enforcement Officer in the exercise of reasonable diligence, and the Codes Enforcement Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in the official newspaper of the Village. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the Village Clerk.

§ 99-12 Appeals to Board of Zoning Appeals; fee.

An appeal from a determination of the Codes Enforcement Officer may be taken by any aggrieved person or by an officer, department or board of the Village to the Board of Zoning Appeals of the Village. Such an appeal may be taken within such time as the Board shall specify in its rules of procedure. All appeals shall be made in writing on forms provided by the Board. Appeals shall be submitted to the Codes Enforcement Officer, who shall then transmit to the Board all the papers constituting the record upon which the action appealed from was taken. A fee of not more than $250 shall be charged for each appeal to the Board of Zoning Appeals.

§ 99-13 Powers of Board of Zoning Appeals.

The Board of Zoning Appeals shall have the powers and duties prescribed by statute and by this chapter, which powers and duties are hereby summarized and more particularly specified:

Interpretation. On appeal from a determination of the Codes Enforcement Officer or on request by any official, department or board of the Village, the Board of Zoning Appeals shall decide any questions involving the interpretation of any provision of this chapter.

Variances. On appeal from a determination of the Codes Enforcement Officer, the Board of Zoning Appeals may grant a variance where the strict application of this chapter would result in practical difficulty or unnecessary hardship.

§ 99-14 Decisions of Board of Zoning Appeals.

All decisions of the Board of Zoning Appeals shall be in writing, and a copy of each decision shall be sent to the applicant and to the Codes Enforcement Officer. The Board shall also retain in its files a copy of each decision, which files shall be available for inspection by the public. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact upon which the decision was based.

§ 99-15 Reports by Board of Zoning Appeals.

The Board of Zoning Appeals shall report to the Mayor periodically, at intervals not greater than six months. The report shall summarize all applications and appeals made to it since the last report and shall contain a summary of the Board's decisions on each case. A copy of the report shall be filed with the Codes Enforcement Officer and the Village Board of Trustees. The Board of Zoning Appeals may also submit to the Village Board of Trustees or Planning Commission advisory reports recommending changes or modifications in the Housing Code.

Any aggrieved party may appeal to the Supreme Court.