The purpose of this article is to ensure compliance with all
provisions of this chapter by providing equitable, expeditious, and
effective administration and enforcement and to provide for penalties
for violations of this chapter.
The Village's Planning Board is an advisory body responsible
for the administration of this chapter. The Board's responsibilities
include, but are not limited to, site plan review of proposed new
development, review of proposed subdivisions, issuance of special
use permits, and conducting environmental reviews under the New York
State Environmental Quality Review Act (SEQRA).
A.
Regular members. The Planning Board shall consist of four regular
members and one chairperson, all of whom shall be Village residents
serving in a volunteer capacity. Each regular member and the chairperson
of the Planning Board shall be appointed by the Mayor of the Village
and approved by a majority vote of the Village's Board of Trustees.
B.
Alternate member. The Mayor also shall appoint, subject to approval
by the Board of Trustees, one alternate member who shall be a Village
resident serving in a volunteer capacity. The chairperson of the Planning
Board may designate the alternative member to be an active member
when a regular member is unable to attend a Board meeting or is unable
to participate in a Board meeting because of a conflict of interest
on an application or matter before the Board. When so designated,
the alternate member shall possess all the powers and responsibilities
of a regular member of the Planning Board. Such designation shall
be entered into the minutes of the Planning Board meeting at which
the alternate member is designated to act as a regular member.
C.
Terms.
(1)
The terms of all Planning Board regular members and the chairperson
shall be five years and staggered such that one term shall expire
at the end of each Village official year.
(2)
The term of the Planning Board alternate member shall be one
year and shall expire at the end of the Village official year.
D.
Attendance. All Planning Board regular members and the chairperson
shall be required to attend a minimum of 65% of all regularly scheduled
meetings within any consecutive twelve-month period. Any regular member
and/or the chairperson may be removed by the Mayor of the Village,
after a public hearing, for noncompliance with this attendance requirement.
E.
Powers. The Planning Board is hereby vested with the powers and duties
and is subject to the limitations as set forth in §§ 7-718
and 7-725-a of the Village Law of the State of New York, as the same
may be amended, modified or changed from time to time, and any sections
subsequently adopted pertaining to Planning Boards. Such powers shall
include, but not be limited to:
A.
General enforcement provisions. In the event that any building or
structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained; or any building, structure or land is used;
or any land is divided into lots, blocks or sites, in violation of
this chapter, the Zoning Officer or the Board of Trustees of the Village,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, use or division of land,
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about such premises.
B.
Zoning Officer.
(1)
The Village's Zoning Officer shall have the authority to administer
and enforce all provisions of this chapter.
(2)
The Board of Trustees may from time to time enact amendments
to this chapter, or additional chapters, that govern the Zoning Officer's
actions.
(3)
The Zoning Officer shall obtain such basic training, in-service
training, advanced in-service training, and other training as the
State of New York shall require for code enforcement personnel.
(4)
In the event the Zoning Officer is unable to serve as such for
any reason, the Village's Board of Trustees may appoint an individual
to serve as Acting Zoning Officer. The Acting Zoning Officer shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the Zoning Officer by this chapter.
C.
Entry and inspection. The Zoning Officer shall have the authority
to enter upon, examine and inspect, or cause to be entered, examined
and inspected, any building or lot for the purpose of carrying out
the provisions of this chapter after reasonable written notice of
intent to enter upon, examine or inspect has been provided to the
owner of the premises, and permission of the owner has been granted.
If such permission is denied, the Zoning Officer shall notify the
Board of Trustees and the Village's attorney, and the Board shall
determine the appropriate action to be taken in connection with gaining
entry or access to the premises or lot. Pending the granting of such
entry or access, no further permits, certificates of occupancy, or
other approvals shall be granted by the Zoning Officer or any other
agent or board of the Village with respect to said premises or lot
or any improvements located thereon.
D.
Complaints. The Zoning Officer shall review and investigate complaints
that allege or assert the existence of conditions or activities that
fail to comply with this chapter. The Zoning Officer shall respond
to a complaint by taking such of the following steps as the Zoning
Officer may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities
alleged to be in violation, and documenting the results of such inspection;
(2)
If a violation is found to exist, providing the owner of the
affected property and any other person who may be responsible for
the violation with notice of the violation and opportunity to remedy,
abate, correct, or cure the violation, or otherwise to achieve compliance
with the applicable provision of this chapter;
(3)
If appropriate, issue a stop-work order;
(4)
If a violation that was found to exist is remedied, abated,
corrected or cured, performing an inspection to confirm that the violation
has been remedied, abated, corrected or cured, preparing a final written
report reflecting such remedy, abatement, correction or cure, and
filing such report with the complaint;
(5)
In consultation with the Village's attorney, pursue such legal
actions and proceedings as may be necessary to enforce this chapter.
E.
Recordkeeping.
(1)
The Zoning Officer shall keep permanent records of all transactions
and activities, including records of:
(a)
All applications received, reviewed, and approved or denied;
(b)
All plans, specifications, and construction documents approved;
(c)
All building permits, certificates of occupancy or certificates
of compliance, temporary certificates, stop-work orders, and operating
permits issued;
(d)
All inspections and tests performed;
(e)
All statements and reports issued;
(f)
All complaints received;
(g)
All investigations conducted;
(h)
All other activities specified in or contemplated by this article;
and
(i)
All fees charged and collected.
(2)
All such records shall be public records open for public inspection
during normal business hours and subject to the terms of the New York
State Freedom of Information Law, including the exemptions provided
therein.
A.
Any person or legal entity that is the owner of premises on which
exists or occurs a violation of any of the provisions of this chapter,
or who fails to comply with any of the provisions of this chapter
or any permit, approval, order or notice issued hereunder, or who
erects, constructs, reconstructs, alters, repairs, converts, maintains
or uses any building, structure or land, or who divides into lots,
blocks or sites any land, in violation of any provision of this chapter
or in violation of any permit, approval, order or notice issued under
this chapter, shall be guilty of a violation as the same is defined
in the New York State Penal Law and shall be fined not more than $100
for each violation.
B.
Each calendar day that such violation continues to exist shall constitute
a separate violation.
C.
If any violation of the provisions of this chapter occurs, the Village
may, in addition to other remedies, institute an appropriate action,
including application for an injunction, to remedy such violation.
D.
All costs and expenses incurred by the Village of Cayuga Heights
in enforcing the provisions of this chapter or in effecting compliance
under this chapter shall be an obligation of the owner of the premises
on which such violation has occurred. The owner shall deliver payment
of such costs to the Village not more than five business days after
the receipt of a notice of such costs and expenses. Upon the owner's
failure to deliver such payment, such costs and expenses shall be
assessed against said property and shall be paid and collected as
part of the Village's tax next due and payable. In addition, the Village
may commence any other action or proceeding available to collect such
costs and expenses.
E.
Whenever any action is brought to enforce the provisions of this
chapter, the defendant shall pay the Village's reasonable attorneys'
fees and disbursements.
The Zoning Officer shall periodically submit to the Village's
Board of Trustees a written report and summary of all business conducted
by the Zoning Officer or any other code enforcement personnel.
