[Added 11-6-1997 by L.L. No. 8-1997]
A.
The Village of Clyde, in furtherance of the protection
of its residents and the police power of said Village, hereby authorizes
and directs the Code Enforcement Officer to make inspections to determine
the condition of dwellings, dwelling units, rooming units, and premises
located within the Village of Clyde, in order that he or she may perform
his or her duty of safeguarding the health and safety of the occupants
of dwellings and of the general public. For the purpose of making
such inspections, the Code Enforcement Officer is hereby authorized
to enter, examine and survey at all reasonable times all dwellings,
dwelling units, rooming units and premises. The owner or occupant
of every dwelling, dwelling unit, and rooming unit, or the person
in charge thereof, shall give the Code Enforcement Officer free access
to such dwelling, dwelling unit or rooming unit and its premises,
at all reasonable times for the purpose of such inspection, examination
and survey.
C.
A renewable certificate of occupancy shall be required
for all buildings containing rental dwelling units. The certificate
of occupancy shall expire December 31 of the year that the inspection
is due as set forth herein.
(1)
No certificate of occupancy shall be issued if said
building is not in compliance with all applicable laws.
(2)
A temporary certificate of occupancy may be issued
for not more than 90 days for the purpose of correcting violations
found.
(3)
A certificate of occupancy may be revoked or suspended,
in whole or in part, for any violation found.
(4)
Failure to obtain a certificate of occupancy shall
mean that said building, in whole or in part, shall not be occupied
until a certificate of occupancy is obtained. If owner/agent does
not comply with this chapter, the owner shall be issued an appearance
ticket and the building, in whole or in part, shall be vacated.
(5)
Upon the change of any relationship between the owner
of property and any tenants or occupants of the property and any change
in relationship between the parties to a land contract or other similar
contract where the land contract vendor and/or vendee changes, the
Village of Clyde shall have the right, at its own expense, to inspect
the property regarding compliance of any and all matters concerning
this chapter and the New York State Building and Fire Code and for
other purposes.
D.
In case of refusal, the Code Enforcement Officer may
obtain a search warrant from any court of competent jurisdiction.
Every occupant of a dwelling or dwelling unit
shall give the owner thereof or his or her agent or employee access
to any part of such dwelling or dwelling unit, or its premises, at
all reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
chapter or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this chapter.
Whenever the Code Enforcement Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, he/she or she shall give notice of such alleged
violation to the person or persons responsible therefor as hereinafter
provided.
B.
Such notice
shall be deemed to be properly served upon such owner or agent, or
upon such occupant, if a copy thereof is served upon him or her personally;
or if a copy thereof is sent by registered mail to his or her last
known address; or if a copy thereof is posted in a conspicuous place
in or about the dwelling affected by the notice; or if he or she is
served with such notice by any other method authorized or required
under the laws of this state.
Such notice may contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this chapter and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter, or of any rule or regulation adopted pursuant thereto,
may request and shall be granted a hearing on the matter before the
Code Enforcement Officer, provided that such person shall file in
the office of the Code Enforcement Officer a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor
within the 10 days after the day the notice was served.
A.
Upon receipt of such petition, the Code Enforcement
Officer shall set a time and place for such hearing and shall give
the petitioner written notice thereof.
B.
At such hearing, the petitioner shall be given an
opportunity to be heard and to show why such notice should be modified
or withdrawn.
C.
The hearing shall be commenced not later than 10 days
after the day on which the petition was filed, provided that, upon
application of the petitioner, the Code Enforcement Officer may postpone
the date of the hearing for a reasonable time beyond such ten-day
period if, in his or her judgment, the petitioner has submitted a
good and sufficient reason for such postponement.
A.
After such hearing, the Code Enforcement Officer shall
sustain, modify, or withdraw the notice, depending upon his or her
finding as to whether the provisions of this chapter and of the rules
and regulations adopted pursuant thereto have been complied with.
B.
If the Code Enforcement Officer sustains or modifies
such notice, it shall be deemed to be an order. Any notice served
pursuant to this chapter shall automatically become an order if a
written petition for a hearing is not filed in the office of the Code
Enforcement Officer within 10 days after such notice is served.
C.
After a hearing in the case of any notice suspending
any permit required by this chapter or by any rule or regulation adopted
pursuant thereto, when such notice has been sustained by the Code
Enforcement Officer, the permit shall be deemed to have been revoked.
Any such permit which has been suspended by a notice shall be deemed
to be automatically revoked if a petition for hearing is not filed
in the office of the Code Enforcement Officer within 10 days after
such notice is served.
The proceedings at such hearing, including the
findings and decision of the Code Enforcement Officer, shall be summarized,
reduced to writing and entered as a matter of public record in the
office of the Village Clerk. Such record shall also include a copy
of every notice or order issued in connection with the matter. Any
person aggrieved by the decision of the Code Enforcement Officer may
seek relief therefrom in any court of competent jurisdiction as provided
by the laws of this state.
A.
Whenever the Code Enforcement Officer finds that an
emergency exists which requires immediate action to protect the public
health and/or safety, he or she may, without notice or hearing, issue
an order reciting the existence of such an emergency and requiring
that such action be taken as he or she deems necessary to meet the
emergency. Notwithstanding the other provisions of this chapter, such
order shall be effective immediately.
B.
Any person to whom such order is directed shall comply
therewith immediately but, upon petition to the Code Enforcement Officer,
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his or her finding as to whether the provisions of
this chapter and of the rules and regulations adopted pursuant thereto
have been complied with, the Code Enforcement Officer shall continue
such order in effect, or modify it, or revoke it.
A.
The Code Enforcement Officer is hereby authorized
to make and, after a public hearing has been held in accordance with
the laws governing the conduct of public hearings by the Code Enforcement
Officer of the Village of Clyde, to adopt such written rules and regulations
as may be necessary for the proper enforcement of the provisions of
this chapter, provided that such rules and regulations shall not be
in conflict with the provisions of this chapter.
B.
The Code Enforcement Officer shall file a certified
copy of all rules and regulations which he or she may adopt with the
Village Clerk.
C.
Such rules and regulations shall have the same force
and effect as the provisions of this chapter, and the penalty for
violation thereof shall be the same as the penalty for violation of
the provisions of this chapter as herein provided.
[Added 6-1-2002 by L.L. No. 3-2002]
A.
Generally. Nonconventional structures shall be located
and used only upon issuance of a special permit by the Village Planning
Board, except as provided below. Exceptions shall be as follows:
B.
Cold frame structures. Cold frame structures shall
be permitted to be placed without a special permit, in accordance
with the following requirements:
(1)
Such structures may be placed in a C-1 or M-1 District
in conjunction with a commercial or industrial use.
(2)
Such structures may be placed in any district, except
C-2, when in conjunction with an agricultural, greenhouse or nursery
use.
(3)
Such structures that are not more than 100 square
feet in floor area may be placed in any district except C-2.
C.
Quonset-type structures. Quonset huts shall be permitted
to be placed without a special permit, in accordance with the following
requirements:
D.
Portable carports. Portable carports may be placed
temporarily, without a special permit, in any district, except C-2,
between October 1 and April 1 each year. Such structures shall comply
with the following:
(1)
A permit shall first be obtained from the Code Enforcement
Officer. Such permit shall not be required to be renewed each year,
provided that the location of the portable carport does not change.
(2)
No such structure shall be permitted within any front
yard.
(3)
Such structures shall be at least three feet from
any side or rear lot line, and principal structure.
E.
Storage trailers. Storage trailers shall be permitted
to be placed without a special permit, in accordance with the following
requirements:
F.
Standards for special permit. Where the construction or placement of a nonconventional structure requires the issuance of a special permit, the Village Planning Board shall review the general criteria contained in § 190-29 of this chapter. In particular, § 190-29A(2) and (4) and B(1) and (2) shall apply. The Planning Board shall have the authority to impose reasonable conditions incidental to the issuance of the special permit, including but not limited to the use of specific materials, colors, textures, screening devices, orientation of structures, and other features of design which may be intended to mitigate any adverse impact upon the general neighborhood.
