The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Enforcement
Official (CEO), who shall be appointed by the Village Board and shall
have such powers as are conferred upon him by this chapter. The Code
Enforcement Official shall receive such compensation as the Village
Board shall determine.
A. Review plans and inspect premises. It shall be the
duty of the Code Enforcement Official or his duly authorized assistants
to cause any plans, buildings or premises to be examined or inspected
to determine that they are not in violation of the provisions of this
chapter. In the fulfillment of his duties, the Code Enforcement Official,
or his authorized assistants, may enter any premises or building during
reasonable hours, in accordance with state law, after due written
notice has been given.
B. Cite zoning violations.
(1) If the Code Enforcement Official shall find that any
of the provisions of this chapter are being violated, he shall notify,
in writing, the owner of the property, as well as the person responsible
for such violations if such person is not the owner. Such notice shall
indicate the nature of the violation and specify the action required
to correct the violation.
(2) In his efforts to attain compliance, the Code Enforcement
Official shall have the authority to order:
(a)
Discontinuance of illegal uses of land, buildings
or structures;
(b)
(b)Removal of illegal buildings or structures
or of illegal additions, alterations or structural changes;
(d)
Discontinuance of any illegal work being done.
(3) On the serving of notice by the Code Enforcement Official
to the owner of any property violating any of the provisions of this
chapter, the certificate of occupancy or certificate of compliance,
as appropriate, for such building or use shall be held null and void.
A new certificate of occupancy and/or compliance shall be required
for any further use of such building or premises.
C. Issue permits. It shall be the duty of the Code Enforcement
Official to issue permits and certificates to applicants who fully
comply with the provisions of this chapter.
D. Referral to Zoning Board of Appeals. An applicant,
after being denied a zoning permit, may appeal the Code Enforcement
Official's findings to the Zoning Board of Appeals (ZBA) for an interpretation
or a variance. Should an appeal be requested, the Code Enforcement
Official shall notify the Secretary of the Zoning Board of Appeals
of the request and forward all necessary supporting information to
the Zoning Board of Appeals for action.
E. Referral to Village Planning Board. Any application
for a special permit, a change in a zoning district or a change in
use that requires site plan review shall be forwarded by the Code
Enforcement Official to the Secretary of the Village Planning Board
for action. All necessary supporting information shall also be forwarded.
F. Public record and monthly report to Village Board.
The Code Enforcement Official shall maintain a permanent and current
record of all applications for permits and certificates, his action
upon same, any conditions relating thereto and any other matters considered
and action taken by him. Such records shall form a part of the records
of his office and shall be available for use by Village officials
and for inspection by the public. The records to be maintained shall
include the following:
(1) Application file. An individual permanent file for
each application for a permit or certificate provided for herein shall
be established at the time the application is made. Said file shall
contain one copy of the application and all supporting documents and
plans; notations regarding pertinent dates and fees; one copy of any
resolutions or actions of the Village Board, Planning Board or Zoning
Board of Appeals in acting on the application; and the date the permit
or certificate applied for was issued or denied.
(2) Monthly report. The Code Enforcement Official shall
prepare a monthly report for the Village Board. Said report shall
cite all actions taken by the Code Enforcement Official, including
all referrals made by him; all permits and certificates issued and
denied; all complaints of violation received and all violations found
by him, and the action taken by him consequent thereon; and the time
spent and mileage used. A copy of this monthly report shall also be
transmitted by the Code Enforcement Official to the Tax Assessor,
Planning Board and Board of Appeals at the same time it is transmitted
to the Village Board.
G. Whenever the Code Enforcement Official denies a permit
or certificate he shall, in writing, inform the applicant of the specific
reasons for denial and instruct the applicant on the proper methods
to apply for relief.
H. The Code Enforcement Official shall maintain a current
list and a map of nonconforming uses to determine if discontinuance
or destruction or change in use or vacancy has taken place.
I. The Code Enforcement Official shall maintain a current
list and a map showing activities operating pursuant to variances
and special use permits, in order to determine whether such activities
are in compliance with the conditions and safeguards required as a
condition of approval of such variance or special permit.
J. Upon written direction from the Planning Board, the
Code Enforcement Official shall issue special use permits. Upon approval
of a variance by the Board of Appeals, the Code Enforcement Official
shall be empowered to issue the necessary permits with the specific
conditions to be imposed.
K. The Code Enforcement Official shall be authorized
and empowered to issue appearance tickets pursuant to the New York
State Criminal Procedure Law.
The Planning Board shall have the following
powers and duties:
A. To prepare and from time to time recommend changes
to the Comprehensive Plan for the development of the Village.
B. To review proposals to approve or disapprove the laying
out, closing off, abandonment or changes in lines of streets, highways
and public areas and to make recommendations to the Village Board.
C. To make investigations and reports relating to the
planning and development of the Village as it deems desirable. This
shall include, but not be limited to, changes in boundaries of districts,
recommended changes in the provisions of this chapter, other land
use and development matters of importance to the Planning Board and
any matter lawfully referred to it by the Village Board.
D. To review, act on or provide advisory reports as specified
by this chapter.
E. Conduct site plan review as authorized by the New York State Village Law and prescribed in Article
X of this chapter.
F. Review and grant or deny special permits as authorized by Article
IX.
G. To review and approve, approve with modifications
or disapprove plats showing lots, blocks or sites for subdivisions
under § 7-728 of Article 7 of the Village Law.
H. All such powers as are conferred upon Village planning
boards by the provisions of the Village Law now or hereafter in effect.
I. The Village Board can by resolution authorize the
Planning Board to modify applicable provisions of the Zoning Chapter
simultaneously with plat approval in accordance with the New York
State Village Law.