[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 (Ch. 11 of the 1969 Code)]
[Amended 2-18-2020 by L.L. No. 3-2020]
There is hereby created in the Village of Penn Yan the appointive office of Code Enforcement Officer, who shall be appointed by the Mayor, subject to the approval of the Board of Trustees. The Code Enforcement Officer, prior to appointment, shall have been certified by the State of New York to serve as a Code Enforcement Officer.
[Amended 2-18-2020 by L.L. No. 3-2020]
A. 
In the event that the volume of work so necessitates, the Board of Trustees may, by resolution duly adopted, create and fund one or more positions of Deputy Code Enforcement Officer. The Deputy Code Enforcement Officer shall be appointed by the Mayor, subject to the approval of the Board of Trustees. The Deputy Code Enforcement Officer shall function under the control and supervision of the Code Enforcement Officer and shall have been certified by the State of New York to act as a CEO prior to appointment to the position.
B. 
In the event of the unavailability of the Code Enforcement Officer or a Deputy Code Enforcement Officer due to illness, conflict of interest or other reason, the Mayor may, subject to the approval of the Board of Trustees, designate a person, who is certified by the State of New York to so act, to serve as Acting Code Enforcement Officer for the Village, at a compensation set by the Board of Trustees. Such Acting Code Enforcement Officer shall have the equivalent powers of the Code Enforcement Officer.
[Amended 2-18-2020 by L.L. No. 3-2020; 7-18-2023 by L.L. No. 11-2023]
Within the structure of the government of the Village of Penn Yan, the Code Enforcement Officer, together with any Deputy Code Enforcement Officer(s) and/or Acting Code Enforcement Officer(s), as public officers, all of whom require certification by the State of New York to hold these offices, shall be answerable to, as well as under the control and supervision of, the Village Mayor and/or Deputy Village Mayor of the Village of Penn Yan.
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; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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, or in a county adjoining Yates County within New York State.
[Added 9-21-2021 by L.L. No. 10-2021]
A. 
All members and alternate members of the Planning Board of the Village of Penn Yan and the Zoning Board of Appeals of the Village of Penn Yan shall be residents of the Village of Penn Yan at the time of their appointment to such Board and throughout their membership on such Board.
B. 
This residency requirement shall not apply to any individual who is a member or alternate member of either such Board upon the effective date hereof who is not a resident of the Village of Penn Yan. In the event any individual who is a member of either the Planning Board of the Village of Penn Yan or the Zoning Board of Appeals of the Village of Penn Yan upon the effective date hereof shall subsequently no longer be a resident of the Village of Penn Yan, their membership on such Board shall be terminated by motion duly adopted by the Board of Trustees of the Village of Penn Yan.
[Added 8-15-2023 by L.L. No. 13-2023]
Notwithstanding any other provisions of law to the contrary, part-time police officers of the Police Department of the Village of Penn Yan, as the term "part-time" is defined by either the Penn Yan Police Department or any applicable collective bargaining agreement, may maintain a residence within the State of New York anywhere within a fifty-mile radius of the headquarters of the Police Department of the Village of Penn Yan.