Examinations and inspections. It shall be the duty of the Code Enforcement Officer, 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.

Orders. Where the Code Enforcement Officer, in the course of his duties, determines that any plans, buildings, or premises are in violation of the provisions of this chapter, he shall order the responsible party, in writing, to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered, and the time permitted for such action, the penalties and remedies which may be invoked by the Village, and the violator's rights of appeal, all as provided for by this chapter.

Cancellation of certificate of occupancy. On the serving of notice by the Code Enforcement Officer to the owner of any violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.

Records. The Code Enforcement Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Village Board and other officials of the Village. The records to be maintained shall include at least the following:

The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit and/or special use permit shall be a prerequisite to the issuance of a building permit, as prescribed by § 78-5 of Chapter 78 of this Municipal Code.

Site plan approval.

Special use permit. The Village Board has the authority to review and approve applications for special use permits in accordance with the standards and procedures outlined in this ordinance. The Village Board may impose conditions and safeguards necessary to ensure that the proposed use is compatible with the surrounding area and consistent with the goals and objectives of the Evans-Angola Comprehensive Plan. All approved special use permits shall be documented in writing and filed with the Village Clerk, and enforced by the Code Enforcement Officer.

Certificate of occupancy. The Code Enforcement Officer is hereby empowered to issue a certificate of occupancy, which shall certify that all provisions of this chapter have been complied with in respect to the location and use of the building, structure or premises in question.

A Board of Appeals is hereby created. Said Board shall consist of five members. The Mayor shall appoint the Board of Appeals and the Chairman thereof, subject to the approval of the Board of Trustees. No person who is a member of the Village Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years from and after his appointment. Their successors shall be appointed for terms of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Village Board by appointment for the unexpired term.

Alternate Zoning Board members. The Mayor shall have the right to appoint annually, subject to the approval of the Trustees, five alternate members (first, second, third, fourth, and fifth to the Board), and such alternate members shall have all the requirements for eligibility of regular Board members. Alternate members, upon the authorization of the Board Chair, shall enjoy the same rights and privileges as regular Board members, including the right to participate in all discussions; provided, however, that an alternate member shall be entitled to vote only when a regular Board member is not present or is disqualified from voting. When a Board member will not be voting, the Board Chair shall authorize such Board member's voting authority to be the first alternate and, if in his/her absence, to the second alternate, etc. Any further reference herein to Board members shall include any alternate, unless otherwise indicated.

The Board of Appeals shall have all the powers and duties prescribed by § 7-712 of the Village Law and by this chapter, which are more particularly specified as follows:

Variances:

Generally. The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board and available from the Code Enforcement Officer. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

Zoning Board of Appeals office. The office of the Village Clerk shall be the office of the Board of Appeals; and every rule, regulation, amendment, or repeal thereof and every order, requirement, decision, or determination of the Board shall immediately be filed in said office as required by § 7-712 of the Village Law.

Notice of Zoning Board of Appeals hearings. The Board of Appeals shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant. Such notice shall be served upon the applicant. Public notice shall be by the publication of a notice in the official newspaper of the Village and shall briefly describe the nature of the appeal and the time and place of the hearing. The Board of Appeals shall follow all the procedures specified in §§ 21-2100 and 21-2102 of the Village Law for the notice and conduct of hearings. The applicant shall, at least 15 days' prior to the date of the hearing, give notice, in writing, by registered mail or by service in person, with adequate proof of contact thereof, to all property owners within 200 feet of the property to be affected by said appeal or to all property owners of contiguous land or properties adjoining said property to be affected and other interested property owners as may be designated by the Board of Appeals. The applicant must furnish proofs of service in writing and properly notarized.

The Board of Appeals shall hear all evidence presented by the applicant, the Code Enforcement Officer and any interested person. Said interested persons are defined as those persons who are residents and/or who own real estate within 200 feet of the premises affected by the application.

The Zoning Board of Appeals shall prescribe written findings of the Board and shall prescribe any conditions that it deems necessary or desirable in granting any variance.