[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-2-1969 by L.L. No. 2-1969 as Ch. 11 of the 1969
Code.]
There is hereby designated in the Village of
Penn Yan, New York, a public official to be known as the "Code Enforcement
Officer," who shall be appointed by the Village Board at a compensation
to be fixed by it.
In the absence of the Code Enforcement Officer
or in the case of his inability to act for any reason, the Mayor shall
have the power, with the consent of the Village Board, to designate
a person to act in behalf of the Code Enforcement Officer and to exercise
all the powers conferred upon him by this article.
The Village Board may appoint one Code Enforcement
Officer or more, as the need may appear, to exercise any portion of
his powers and duties. The compensation of such Code Enforcement Officers
shall be fixed by the Village Board.
A.
Except as otherwise specifically provided by law,
ordinance or regulation or except as herein otherwise provided, the
Code Enforcement Officer shall administer and enforce all of the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof.
B.
He shall have the power to adopt rules with consent
of the Village Board to secure the intent and purposes of this Article
and a proper enforcement of the laws, ordinances and regulations governing
building construction.
C.
He shall receive applications and issue permits for
the erection, alteration, removal and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of ensuring compliance with laws, ordinances and regulations governing
building construction.
D.
He shall issue all appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances and
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties, except that he may accept
written reports of inspection from Code Enforcement Officers or from
generally recognized and authoritative service and inspection bureaus,
provided that the same are certified by a responsible official thereof.
E.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
and regulations covering building construction, he may require the
performance of tests in the field by experienced professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies.
A.
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by him,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports and notices and orders
issued. All such records shall be public records open to public inspection
during business hours.
B.
The Code Enforcement Officer shall, annually, submit
to the Village Board a written report and summary of all business
conducted by the Code Enforcement Officer, including permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made and appeals or litigation pending.
The Code Enforcement Officer may request and
shall receive, so far as may be necessary in the discharge of his
duties, the assistance and cooperation of the Police, Fire and Health
Departments and of all municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
[Adopted 2-15-2000 by L.L. No. 1-2000]
[Amended 6-20-2017 by L.L. No. 8-2017]
The office of Village Clerk and/or Village Treasurer
of the Village of Penn Yan may be held by a person who is not a resident
of the Village of Penn Yan, provided that such person resides in the
County of Yates or in a county adjoining Yates County within the State
of New York.
[Added 8-29-2000 by L.L. No. 2-2000]
Notwithstanding any other provisions of law
to the contrary, in lieu of any other residency requirement imposed
by law, any appointed Village officer may reside within the County
of Yates which is the County within which the Village is situated.
