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Village of Orchard Park, NY
Erie County
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Code
New Laws (18) Index
[Adopted 12-3-1979 by L.L. No. 3-1979 (§§ 1.2, 1.12, 1.14 and 1.15 of the 1979 Code)]
A. 
Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires:
BOARD OF APPEALS or ZONING BOARD OF APPEALS
The Board of Appeals of the Village of Orchard Park, New York, appointed in accordance with the provisions of Chapter 225 of this Code and § 7-712 of the Village Law.[1]
BOARD OF TRUSTEES or VILLAGE BOARD or BOARD
The Board of Trustees of the Village of Orchard Park, New York.
CODE
Unless otherwise specifically qualified means the Village of Orchard Park Municipal Code.
CODE ENFORCEMENT OFFICIAL
The enforcement officer of the Village of Orchard Park, New York, appointed by the Mayor subject to the approval of the Board of Trustees to enforce zoning, housing, building, unsafe buildings and related regulations within the Village of Orchard Park.
COUNTY
The County of Erie in the State of New York.
COUNTY CLERK
The County Clerk of the County of Erie in the State of New York.
DIRECTOR OF PUBLIC WORKS
The officer or employee in charge of the Department of Public Works and related functions of the Village of Orchard Park, New York.
DIRECTOR OF WEIGHTS AND MEASURES or SEALER OF WEIGHTS AND MEASURES
The Director of Weights and Measures of the County of Erie in the State of New York.
FIRE CHIEF
The Fire Chief of the Fire Company serving the Village of Orchard Park, New York.[2]
MAYOR
The Mayor of the Village of Orchard Park, New York.
MUNICIPAL CODE
The Village of Orchard Park Municipal Code.
OWNER
A person who has the legal title, alone or with others, or exercises dominion or control over property both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint stock companies, societies and all other entities capable of being sued.
PLANNING BOARD
The Planning Board of the Village of Orchard Park, New York.
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the Village of Orchard Park, Erie County, New York.
REGISTRAR OF VITAL STATISTICS
The Registrar of Vital Statistics of the Village of Orchard Park, New York.
STATE
The State of New York.
TENANT
A person occupying real property under an oral or written lease or who is in possession of real property under the actual or tacit consent of the owner. Whenever a person, not the owner, occupies real property, it shall be presumed that he occupies same as a tenant.
TRUSTEE
A Trustee of the Village of Orchard Park, New York.
VILLAGE ATTORNEY or ATTORNEY
The Village Attorney of the Village of Orchard Park, New York.
VILLAGE BOARD
The Board of Trustees of the Village of Orchard Park, New York.
VILLAGE CLERK-TREASURER or CLERK-TREASURER
The Village Clerk-Treasurer of the Village of Orchard Park, New York.
VILLAGE ENGINEER
The engineer or engineering firm retained by the Village of Orchard Park, New York, to serve in the capacity of engineer or consulting engineer to the Village of Orchard Park, New York.
VILLAGE JUSTICE or POLICE JUSTICE
The Village Justice of the Village of Orchard Park, New York.[3]
VILLAGE, THIS VILLAGE, or VILLAGE OF ORCHARD PARK
The incorporated Village of Orchard Park in the County of Erie and State of New York.
[1]
Editor's Note: The former definition of "Assessor or Village Assessor," which immediately preceded this definition, was deleted 3-22-2010 by L.L. No. 2-2010.
[2]
Editor's Note: The former definition of "Health Officer," which immediately followed this definition, was deleted 3-22-2010 by L.L. No. 2-2010.
[3]
Editor's Note: The former definition of "Village Treasurer," which immediately followed this definition, was deleted 3-22-2010 by L.L. No. 2-2010.
B. 
Other words. All other words used in this Code and not otherwise specifically defined shall be construed in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.
A. 
Wherever any officer of the Village is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, it shall also be construed to include the deputies, assistants and representatives of such officer as may be designated, delegated or authorized by such officer to exercise such powers or duties.
B. 
While acting within the scope of their employment, it shall be presumed that all acts performed by such deputies, assistants and representatives were duly delegated and authorized.
In case any provision of the Village of Orchard Park Code is inconsistent with any provision of the Village Law, pursuant to the authority contained in Subdivision 1, Paragraph (e), Subparagraph [3] of § 10 of the Municipal Home Rule Law, the Village Law is modified and superseded in its application to the Village of Orchard Park to the extent and only to the extent that the Village Law is inconsistent with any provision of the Village of Orchard Park Code.
The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the ordinances contained herein are enacted.