Any person deeming himself aggrieved by any ruling, decision or order of the Superintendent of Construction or the Board of Trustees made under this chapter may apply in writing to the Board of Trustees at any meeting thereof for a review of such ruling, decision or order, and after such review, the Board of Trustees may modify or revoke such ruling, decision or order and, upon good and sufficient cause being shown therefor, remit any penalty which may have been incurred.
A. 
The Superintendent of Construction shall have the power to adopt such rules with respect to materials and mode of construction, consistent with the provisions of this chapter, as may be necessary to secure the intent and purposes of this chapter and a proper enforcement of its provisions. For any provisions of this chapter referring to the rules or requiring approval of materials or modes of construction, said officer shall adopt such rules as are required or will establish the conditions of approval.
B. 
The Superintendent of Construction may amend or repeal any rule by the same procedure prescribed for the adoption of new rules.
Whenever any materials, appliances or methods of construction have been approved by the Superintendent of Construction as conforming to any rules adopted thereunder, a list of such materials, appliances and methods of construction shall be kept on file in the Department of Buildings, properly indexed and open to public inspection during business hours.
Any officer or employee of the Department of Buildings, so far as may be necessary for the performance of his duties hereunder, shall have the authority to enter any building in the Village upon showing the credentials of his office.
A. 
The Board of Trustees of the Village reserves unto itself the right to grant a permissive use or special exception by direct application to it in a specific case after notice and public hearing and may authorize such special exception or permissive use if an applicant is aggrieved by the strict enforcement of the provisions and conditions as set forth in this chapter.
B. 
Before a permissive use or special exception is considered by this Board, such aggrieved person shall file a verified petition setting forth in detail the specific provisions or sections of this chapter for which relief is sought. Such petition shall be filed in duplicate with the Village Clerk, together with a fee as set in § 101-32, which shall accompany each application for such permissive use or special exception.
[Amended 3-11-1991 by L.L. No. 2-1991]
C. 
A public hearing shall be held under the direction of the Board of Trustees, and notice of such public hearing shall be published, and copies of such notice shall be posted in at least six conspicuous places in the Village. Such notice shall be published and posted at least seven days before the public hearing.
D. 
Before such permissive use or special exception is granted by the Board of Trustees, such Board shall determine the following:
(1) 
That such permissive use or special exception will not prevent or unreasonably interfere with the use of adjacent property or properties within the same use district.
(2) 
That the safety, health, welfare, comfort, convenience or order of the Village will not be adversely affected by granting the application.
(3) 
That the granting of the application of the petitioner will be in harmony with and promote the general purposes and intent of this chapter.
(4) 
That the granting of a permissive use or special exception will not cause any fire hazard nor in any way affect the structural soundness of a building.
(5) 
Whether such permissive use or special exception will create a hazard to life, limb or property, a traffic hazard or interfere with the entry and operation of fire and other emergency apparatus by reason of the physical characteristics of the particular location or area.
E. 
The Board of Trustees shall, in granting such permissive use or special exception, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter and the general welfare of the inhabitants of the Village.
A. 
All notices and orders required hereunder, referring to a violation which is alleged to have been placed or to exist, or referring to a condition which may be deemed unsafe or dangerous, shall be served upon the person responsible therefor, whether he be the owner, architect, builder, carpenter, mason or other person who may be employed or assist in the commission of such violation or who may permit the prohibited condition to exist.
B. 
If any person to whom an order or notice hereunder is addressed cannot be found within the Village after diligent search shall have been made for him, then such notice or order may be served by posting the same in a conspicuous place on the premises where such violation is alleged to have been placed or to exist and to which such notice or order may refer or which may be deemed unsafe or dangerous, and also depositing a copy thereof in the post office in the Village, enclosed in a sealed, postpaid wrapper, addressed to said person at his last known place of residence, which shall be equivalent to a personal service of said notice or order upon all parties for whom such search shall have been made, whether residents or nonresidents of the state.
Should the Superintendent of Construction become advised either upon his own observation or upon receipt of a report that all or any part of a building, staging or structure is unsafe or dangerous, he shall make a written report of such condition to the Board of Trustees, who may serve written notice upon the owner to appear before them and show cause why such building, staging or structure should not be torn down or made safe. The Board of Trustees, after such hearing and upon advice from the Superintendent of Construction, shall have full authority to order such building, staging or structure demolished, altered or repaired, and the owner, upon receipt of such determination by the Board of Trustees, shall immediately proceed to effect such demolition, alteration or repairs, and he shall file drawings and specifications with the Superintendent of Construction showing in detail the work to be done.
A. 
The owner of any building, structure or part thereof or wall or any platform, staging or flooring to be used for standing or sitting purposes, or the owner of the land where any violation of this chapter shall be placed or shall exist, and any architect, builder, plumber, carpenter, mason or other person who may be employed or assist in the commission of any such violation, and all persons who shall violate any of the provisions of this chapter or fail to comply therewith or with any requirement thereof, or who shall violate or fail to comply with any detailed order or rules made thereunder, or who shall build in violation of any detailed statement of specifications or plans, submitted and approved thereunder, shall severally for each and every such violation and noncompliance respectively forfeit and pay a penalty in the sum of not less than $10 nor more than $250.
B. 
Any person who, having been served with a notice, as in this chapter, prescribed to remove any violation or comply with any requirement of this chapter or with any order or rule made thereunder, shall fail to comply with said notice within 10 days after such service, or who shall continue to violate any requirement of this chapter in the respect named in said notice, shall forfeit and pay a penalty in the sum of not less than $25 nor more than $250. Each day that the violation is permitted to exist after the service of such notice shall constitute a separate offense, punishable by the above penalties.