Village of Penn Yan, NY
Yates County
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Table of Contents
Table of Contents
[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.]
[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]
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, requiring certification by the State of New York to hold that office, shall be answerable to, as well as under the control and supervision of, the Director of the Department of Public Works 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]
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.