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:

Zoning permit. The Code Enforcement Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or part of any building, or the change in the use of any land or building or part thereof, where he shall determine that such plans are not in violation of the provisions of this chapter.

Special use permit. Upon written direction of the Village Board, the Code Enforcement Officer is hereby empowered to issue any special use permit provided for by this chapter.

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.

Procedures for a zoning permit.

Procedures for special use permit. All applications for special use permits shall be made to the Code Enforcement Officer. The Code Enforcement Officer, after determining that an application is in the proper form, shall transmit one copy of the application and all supporting documents to the Village Clerk for referral to the Village Board for action thereon. At the same time, the Code Enforcement Officer shall transmit one copy of the application and all supporting documents to the Zoning Board of Appeals for review of the site plan and for an evaluation of the proposed use and its relationship and conformity to the goals and objective and policies established by the Village Comprehensive Plan.

Procedures for a certificate of occupancy. Following the completion of the construction, reconstruction, or alteration of any building, or where a change in the use of a structure is proposed, the applicant shall transmit, by registered mail, to the Code Enforcement Officer a letter stating that such construction has been completed or that a new use has been proposed. Within seven days of the receipt of this letter, the Code Enforcement Officer shall make all necessary inspections of the completed structure and proposed use to determine conformance with this chapter. A certificate of occupancy shall be issued only if the Code Enforcement Officer finds that the construction and proposed use comply with all the requirements and provisions of this chapter.

The location, use, design and dimensions and height of each use and building.

The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading.

The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.

The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.

Provisions for water supply, sewage disposal, and storm drainage, including a stormwater pollution prevention plan (SWPPP), if required for the proposed development under Chapter 191 of this Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 191-4B of this Code. If a SWPPP is submitted in accordance with this section the site plan shall not be approved unless the SWPPP and site plan comply with the requirements of Chapter 191 of this Code.

Such other data and plans as the Code Enforcement Officer, the Board of Appeals or the Zoning Board of Appeals may require to properly take action on the application.

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.

Interpretation: upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

Temporary use permits: to hear and decide upon applications for such permits as specified in this chapter.

Variances:

Generally. The 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.

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 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 of 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.