Village of Round Lake, NY Article VII Administration and Enforcement

§ 180-28 Interpretation; conflict with other laws.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or laws, the most restrictive, or that imposing the higher standards, shall govern.

§ 180-29 Code Enforcement Officer.

[Amended 2-5-1992 by L.L. No. 1-1992]

This chapter shall be enforced by a Code Enforcement Officer, who is appointed by the Village Board and whose duty is to:

A. Review all applications to determine their conformance with this chapter pertaining to zoning.

B. Issue certificates of compliance with the chapter relating to zoning upon proper application therefor, where compliance is made with the provisions of this chapter, and, except on written order of the Board of Appeals, refuse to issue the same in the event of noncompliance, giving prompt written notice of such refusal and the reason therefor to the applicant. The fee to be charged for such certificate of compliance shall be as set by resolution of the Board of Trustees from time to time.

C. Keep the Village Board advised of all matters other than routine duties pertaining to the enforcement of this chapter and keep all records necessary and appropriate to this position and file them in the office of the Village Clerk, including records of all certificates of compliance issued or withheld.

D. Submit a written report monthly to the Village Board of Trustees itemizing:

[Amended 3-16-2011 by L.L. No. 1-2011]

(1) All pending applications for building or other permits;

(2) The status of the projects ongoing as a result of permits issues;

(3) Certificates of completion and certificates of occupancy issues, or other termination of permits, since the previous written report;

(4) Complaints or requests for investigation pending or received since the last written report, and the status of the same; and

(5) Such additional information as specified by the Village Board of Trustees.

E. Investigate all complaints or requests for investigation which have been delivered to the Code Enforcement Officer in writing from any person or from the Zoning Board of Appeals, and make and maintain a written record of the results of his investigation. In the event that his investigation reveals an apparent violation of this chapter, he shall notify all persons he believes to be in violation of this chapter in accordance with the provisions of § 180-32A of this chapter. In the event the apparent violation has not been ameliorated within the time period set forth in his above-described notice he shall, in consultation with the Village Attorney:

[Amended 3-16-2011 by L.L. No. 1-2011]

(1) Commence an enforcement action or proceeding in Town Court;

(2) If funding has been approved by the Village Board of Trustees, commence an enforcement action or proceeding in New York State Supreme Court;

(3) Deny or cancel any permit issued by him or any Village Code Enforcement Officer or Building Inspector to the violator, such cancellation to remain in effect until all violations have ceased, or issue a stop-work order as provided in § 91-6;

(4) If the violation concerns the terms, limits and/or conditions of a variance issued by the Round Lake Zoning Board of Appeals, require the owner of the real property for which that variance has been issued to appear before the Round Lake Zoning Board of Appeals for a rehearing pursuant to New York State Village Law § 7-712-a, Subdivision 12, and determination pursuant to this chapter that the variance be suspended, revoked, amended or continued, in its terms, limits and/or conditions, in the discretion of said Board; or

(5) If the violation concerns the terms, limits and/or conditions of subdivision or site plan approval issued by the Round Lake Planning Board, require the owner of the real property for which that subdivision or site plan approval has been granted to appear before the Round Lake Planning Board for a determination that such approval be suspended, revoked, amended or continued in its terms, limits and/or conditions in the discretion of said Board.

§ 180-30 Board of Appeals.

[Amended 2-5-1992 by L.L. No. 1-1992]

A Board of Appeals is hereby created. Said Board shall consist of five members who are residents of the Village of Round Lake and who are appointed by the Village Board, which shall also designate the Chairman. The five members first appointed shall serve, respectively, for terms of one year, two years, three years, four years and five years; thereafter each member appointed shall serve for five years. The Board of Appeals shall prescribe the rules for the conduct of its affairs. Said Board shall have all the powers and duties prescribed by law and by this chapter. The Village Board shall make the appointments so that, at all times and insofar as is possible, the membership on such Board of Appeals shall be representative of the major land users of the Village, which may include, according to the judgment of the Village Board, such types of use as residential, farming, retail, business, commercial, etc. A fee as set by resolution of the Board of Trustees from time to time shall be paid to the Code Enforcement Officer by an appellant appealing to the Board of Appeals for a variance to this chapter for a special permit or for any interpretation thereof for which advertising is required.

A. Interpretation. Upon appeal from a decision by the Code Enforcement Officer, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

B. Variances. In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals may vary or modify the application of any of the provisions of the law relating to the use of buildings or the use of land so that the spirit of the law shall be observed, public safety and welfare secured and substantial justice done. In granting any variance, said Board shall prescribe any conditions it deems to be necessary or desirable. In making the determinations set forth above, the Zoning Board of Appeals shall be in conformance with the provisions of New York's Village Law, § 7-712-b, as the same may from time to time be amended.

[Amended 3-16-2011 by L.L. No. 1-2011]

C. Special permits.

(1) After due public notice and hearing, the Board of Appeals may issue special permits for any of the uses for which this chapter requires the obtaining of such permits from said Board or for the extension of a building or such use as existed at the time of passage of this chapter into a contiguous but more restricted district for a distance not exceeding 50 feet, but not for any other use or purpose. In granting such special permit, the Board may specify appropriate conditions in harmony with the following standards ("Permit," as used in this section, shall not imply a building permit):

(a) The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.

(b) The location and size of the use; the nature and intensity of the operations involved in or conducted in connection therewith; its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood.

(2) In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children; relation to main traffic thoroughfares and to street and road intersections; and the general character and intensity of development of the neighborhood.

(3) An appellant granted a special permit shall be given six months in which to diligently begin to put into effect the use permitted by the granted special permit, although the Board of Appeals can increase this period from six months to a year at its discretion.

§ 180-31 Severability.

Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof, other than the part so decided to be unconstitutional or invalid.

§ 180-32 Violations; complaints; penalties for offenses.

A. Notification of violation. Written notice of any alleged violation signed by the Code Enforcement Officer shall be served upon the person or persons committing such alleged violation, either personally or by mail addressed to such person or persons at his or her last known address. Four weeks' continued violation after notice thereof shall have been given as herein provided shall constitute a separate violation.

B. Complaints. Whenever an alleged violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate and report thereon. All such complaints shall be signed by and bear the address of the complainant.

C. Rehearing upon motion of Board. The Zoning Board of Appeals shall, pursuant to this chapter as provided by New York State Village Law § 7-712-a, Subdivision 4, have jurisdiction to rehear any variance application upon either its own motion or following action of the Round Lake Code Enforcement Officer under § 180-29E(4), subject to the requirements of New York State Village Law § 7-712-a, Subdivision 12.

[Added 3-16-2011 by L.L. No. 1-2011[1]]

[1] Editor’s Note: This local law also redesignated former Subsection C as Subsection D.

D. Penalties for offenses. Any person, firm or corporation who shall violate any of the provisions of this chapter, or violate any condition of a variance or site plan approval, shall be punishable by a fine of not more than $200 for each day he or it is in violation, together with all costs and expenses of enforcement, including, but not limited to, court or County Clerk filing fees, the cost of service of process, stenographic services, legal research costs, and reasonable attorney's fees.

[Amended 2-5-1992 by L.L. No. 1-1992; 3-16-2011 by L.L. No. 1-2011]