[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; 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]
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.
[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.
