Lima Village City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 185-93 Interpretation.
In interpreting and applying the provisions of this chapter, the Code Enforcement Officer, Village Planning Board or the Village Zoning Board of Appeals shall be held to the minimum requirements for the promotion of the public safety, convenience, prosperity and general welfare for the Village of Lima.
§ 185-94 Enforcement.
A.
Enforcing officer. The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer appointed by the Village Board, who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.
B.
Duties. It shall be the duty of the Code Enforcement Officer to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for use of the Village and other officials. The Code Enforcement Officer shall not issue a permit for the construction of any building or use of any property unless such building or use conforms to all other ordinances of the Village of Lima, Chapter 155, Subdivision of Land, SEQR procedures, the New York State Energy Code and New York State lighting standards.
§ 185-95 Building permits and certificates of occupancy.
A.
Building permits.
(1)
Requirement. It shall be unlawful to commence the excavation for or the construction of any building or structure, including accessory buildings, or to commence the moving, alteration or demolition of any building or structure, including accessory buildings, until the Code Enforcement Officer has issued a permit for such work.
(2)
Issuance. In applying to the Code Enforcement Officer for a building permit, the applicant shall submit specifications and a dimensioned plot plan to scale, indicating the shape, size, height and location in exact relation to all property lines and to street or road lines of all buildings or structures to be erected, altered, moved or demolished and of any building or structure already on the lot. This plan shall be accompanied by a written statement from a qualified engineer or other satisfactory evidence to the effect that the line of the bounding street or road has been accurately located and staked on the ground. The applicant shall also state the existing or intended occupancy and use of all such buildings and land and supply other information as may be required by the Code Enforcement Officer to ensure that the provisions of this chapter are being observed. If the proposed excavation or construction or alteration or moving or demolition as set forth in the application is in conformity with the provisions of this chapter, and other ordinances of the Village then in force, the Code Enforcement Officer shall issue a permit for such excavation, construction, alteration or moving.
(3)
Refusal. If a building permit is refused, the Code Enforcement Officer shall state such refusal, in writing, with the cause and shall immediately mail notice of such refusal to the applicant at the address indicated on the application.
(4)
Fees. Fees to be charged for the issuance of a building permit shall be established by the Village Board of Trustees.
(5)
Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter.
(6)
Term.
(a)
A building permit shall become void six months from the date of issuance unless substantial progress has been made since the date of issuance of the permit; provided, however, that the building permit may be renewed for an additional six months upon application therefor without the payment of an additional fee.
(b)
Upon written request submitted to the Code Enforcement Officer, a building permit may be extended for only one successive one-year period, provided that:
[1]
The permit has not been revoked or suspended at the time the application for renewal is submitted; and
[2]
A new application fee is paid in an amount equal to the original building permit fee paid by the original permit applicant; and
[3]
The Code Enforcement Officer inspects the property and can certify that substantial progress has been made toward completion of the project or work contemplated by the building permit since the date of the initial application and any subsequent renewal; and
[4]
The applicant shall supply all necessary or required materials requested of the applicant by the Code Enforcement Officer to justify proof of ongoing progress toward completion of the project or work contemplated by the building permit.
B.
Certificate of occupancy.
(1)
Requirement. No land or building or other structure or part thereof hereafter erected or altered in its use or structure shall be used or occupied until the Code Enforcement Officer shall have issued a certificate of occupancy stating that such land, building, structure or part thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter.
(2)
Issuance. Within five days after notification that a building or structure or premises, or part thereof, is ready for occupancy or use, it shall be the duty of the Code Enforcement Officer to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform with the provisions of this chapter.
(3)
Refusal. If the Code Enforcement Officer after such final inspection refuses to issue a certificate of occupancy, he shall state such refusal, in writing, with the cause, and immediately thereupon mail notice of such refusal to the applicant to the address indicated on the application.
§ 185-96 Board of Appeals; creation, powers and duties.
A.
Creation, composition and appointment.
(1)
Creation. A Board of Appeals is hereby established in accordance with § 7-712 of the Village Law.
(2)
Composition. The Board of Appeals shall consist of five members.
(3)
Appointment. The Board of Trustees of the Village shall appoint the members of the Board of Appeals, each to be appointed for five years. No person who is a member of the Village Board of Trustees or a police justice or a member of the Village Planning Board shall be eligible for membership on such Board of Appeals.
(4)
Removal. The Board of Trustees shall have the power to remove any member of the Board for cause and after public hearing.
(5)
Vacancies. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
B.
General procedures.
(1)
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. All meetings of such Board shall be open to the public, to the extent provided by law.
(2)
Oaths. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
(3)
Minutes. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record.
C.
Powers. The Board of Appeals shall have the following powers:
(1)
Administrative review. To hear and decide appeals from and review any order, requirement, decision or determination made by the Code Enforcement Officer or other administrative officer in the carrying out or enforcement of any provision of this chapter. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance.
(2)
Special use permits. To hear and decide applications for special use permits as specified in § 185-55 of this chapter and to authorize the issuance of special permits as specifically provided therein. The concurring vote of the majority of the Board of Appeals present shall be necessary to grant a special exception.
(3)
Variances. To hear applications for variance from the terms of this chapter, as will not be contrary to public interest where, owing to unique conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship while adhering to the spirit of this chapter and doing substantial justice. Financial disadvantage to the property owner is no proof of hardship within the purpose of zoning.
(a)
Use variances.
[1]
The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
[2]
No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; that the requested use variance, if granted, will not alter the essential character of the neighborhood; and that the alleged hardship has not been self-created.
[3]
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Area variances.
[1]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
[2]
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; whether the requested area variance is substantial; whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[3]
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(c)
The concurring vote of the majority of the Board of Appeals present shall be necessary to grant a variance.
(d)
Notwithstanding the above, the Board of Appeals shall submit all requests for variances to the Planning Board for review and shall not take action until receipt of a report from the Planning Board or until after the passage of 30 days of such referral in the event that the Planning Board makes no report on the matter. The Board of Appeals shall cause the entire report of the Planning Board, if received, to be read at the meeting at which the request for variance is considered by the Board of Appeals, include such report in the minutes and, in any case where the Board of Appeals acts contrary to the recommendations of the Planning Board, include in the minutes a resolution adopted by the Board of Appeals fully setting forth its reasons for such contrary action.
(4)
Reference to Livingston County Planning Board. In accordance with the policy and procedures provided for by Article 12B, § 239-f, 239-1 and 239-m of the General Municipal Law, any proposed special permit or variance affecting land or building within 500 feet of the boundary of the Village of Lima or from the boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream, or drainage channel owned by the county for which the county has established channel lines, or from the existing or proposed boundary of any state-owned land on which a public building or institution is situated, shall be referred to the Livingston County Planning Board. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways which are shown on a County Plan of Livingston County adopted pursuant to § 239-d, Subdivision (2), of the General Municipal Law or adopted as an Official Map of Livingston County pursuant to § 239-e of the General Municipal Law. If the Livingston County Planning Board fails to report within 30 days after receipt of a full statement of such referred material, the Board of Appeals may act without such report. If the Livingston County Planning Board disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof, after the adoption of a resolution setting forth the reason for the contrary action and shall, within seven days after final action, file a report of the final action it has taken with the Livingston County Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Special procedures relative to appeal for administrative review, variance or application for a special permit.
(1)
Who may appeal. An appeal to the Board of Appeals for administrative review, variance or application for a special permit may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or bureau affected by any decision of the Code Enforcement Officer based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the Board of Appeals a notice of appeal specifying the grounds thereof. The Code Enforcement Officer shall forthwith transmit all papers constituting the record upon which the action appealed from was taken to the Board of Appeals.
(2)
Time of appeal. Said notice of appeal shall be filed within 60 days from the date upon which the notice of refusal of building permit or refusal of certificate of occupancy is mailed by the Code Enforcement Officer, and failure to file notice of appeal within 60 days shall constitute a waiver of the right to appeal.
(3)
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Code Enforcement Officer and on due cause shown.
E.
Hearing; notice; public notice; notice to property owner; costs.
(1)
Hearing. The Board of Appeals shall fix reasonable time for the hearing of any application for variance, the hearing of an appeal for administrative review or the hearing of an application for a special permit.
(2)
Notice. The Board of Appeals shall give due notice of the hearing to the parties. Notice of such application for special exceptions or variances shall also be given by registered mail at least five days prior to the date of hearing to all persons, firms or corporations owning property or residing within 200 feet of the location of the property upon which the use is proposed to be established.
F.
Provisions of appeal. If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 185-95A(6). Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and such permissions, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals.
G.
Scope.
(1)
In exercising the above-mentioned powers, such Board of Appeals may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have the powers of the officer from whom the appeal is taken. Notice of such decision shall be given forthwith to all parties in interest.
(2)
The Board of Appeals does not have the power to permit a use prohibited by this chapter.
H.
Recourse.
(1)
Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, of any officer, department, board or bureau of the Village may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules, and:
(a)
It must be instituted within 30 days after the filing of a decision in the office of the Village Clerk;
(b)
The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact, and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter; and
(c)
The court at special term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination.
(2)
Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
I.
Alternate member of Zoning Board of Appeals.
(1)
Purpose. The Village Board of Trustees of the Village of Lima hereby affirmatively opts to exercise the authority delegated to it by Village Law Section 7-712 (11) and the Municipal Home Rule Law to establish the position(s) of alternate member of the Village Zoning Board of Appeals. It is the intention and purpose of this chapter to establish such position(s) and to provide specific limitations and regulations related thereto.
(2)
Creation of the position of alternate member of the Village of Lima Zoning Board of Appeals. The position of alternate member of the Zoning Board of Appeals is hereby created and authorized by the Village Board of Trustees of the Village of Lima, in accordance with Section 7-712 (11) of the Village Law.
(3)
Establishment and appointment of alternate members. The Village Board may choose, in its exclusive discretion, to establish one or more Alternate Zoning Board of Appeals member positions. The Village Board shall not be required to establish such position or position(s), and in no event shall it establish or appoint more than three alternate member positions. Appointment of specific parties to the position of alternate member shall be accomplished by Resolution of the Village Board at any regular or special meeting thereof.
(4)
Term. The term of office of each alternate member of the Zoning Board of Appeals shall be limited to a maximum of three years, provided that such member is appointed by action of the Village Board at its annual meeting. If an alternate member is appointed during the year at any time following the date of the annual meeting of the Village Board, the term of such appointment shall expire at the end of the second full year following said appointment, for a term that shall be less than a full three year term.
(5)
Abolition of position of alternate Zoning Board of Appeals member. In the event that the Village Board chooses to appoint one or more such alternate member position(s), the position(s) cannot be abolished or terminated by the Village Board unless and until it becomes vacant.
(6)
Function of alternate Zoning Board of Appeals member positions. Upon the creation of one or more alternate member positions, the Chairperson of the Zoning Board of Appeals shall be authorized to substitute the services of an alternate member in lieu of a regularly appointed member of the Zoning Board of Appeals as established and constituted pursuant to this § 185-96 of the Lima Village Code, in the following instances and situations:
(a)
In the event that a regular member of the Zoning Board of Appeals is unable to participate in consideration of any matter before the Zoning Board of Appeals because of a conflict of interest, up to three alternate members (but in no event more than the number of alternate members necessary to constitute a total Board participation constituting a majority plus one of the convened Board), if such number of alternate member positions have been established by the Village Board and appointments to said position(s) have been made by the Village Board, may be authorized to substitute for regular Board members as alternate members to consider said matter which is the subject of the conflict of interest.
(b)
When an Alternate Zoning Board of Appeals member has been selected or empaneled to substitute for a regular Zoning Board of Appeals member to consider a specific topic or matter before the Board, that alternate member shall continue to consider and to act as a substituted alternate member if such matter is adjourned and is to be reconvened or addressed by the Zoning Board of Appeals at a later time or date. Notwithstanding the foregoing, the alternate member shall not be authorized to participate in any new or different business or agenda items not specifically considered by said alternate member at or during the initial meeting at which the alternate member performed substitute service unless the regular Zoning Board of Appeals member for whom the alternate member substituted is absent at the later or reconvened meeting.
(c)
In the event that a regular Zoning Board of Appeals member is unable to be present to participate in a scheduled and noticed meeting of the Board due to illness or other excused, anticipated absence such as a vacation, one alternate member may be substituted to attend such meeting to consider, act and deliberate in the place and stead of the absent member in all matters that come before the Board. The alternate member shall in such instance participate for and on behalf of the absent member for and during that meeting, in contrast to an alternate member substituting for a regular member due to a conflict of interest.
(d)
The Chairperson of the Zoning Board of Appeals is authorized to select the Alternate Zoning Board of Appeals member to serve as a substitute from among those persons appointed by the Village Board as an alternate member.
(7)
Scope of authority. Any alternate member of the Zoning Board of Appeals selected and empaneled as a substitute for a regularly appointed Zoning Board of Appeals member shall possess all the powers and responsibilities of such member of the Board, except as specifically limited by this section of the Lima Village Code. Designation of the Alternate Zoning Board of Appeals member as an acting Zoning Board of Appeals member for a specific meeting shall be so noted and entered in the Minutes of each Zoning Board of Appeals meeting at which such substitution is made.
(8)
General Application of law and state laws, code and regulations.
(a)
All provisions of Section 7-7 12 of the Village Law and this § 185-96 of the Lima Village Code, together with any other laws, statutes or regulations now or hereafter applicable to the training, continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards shall also apply to alternate members of the Zoning Board of Appeals.
(b)
This section shall be effective immediately upon filing thereof with the Secretary of State.
§ 185-97 Planning Board.
A.
Creation and membership.
(1)
There is hereby established a Planning Board having the powers authorized under the Consolidated Laws of the State of New York. Said Board shall consist of five members, appointed by the Village Board. An appointment to a vacancy occurring prior to expiration of term shall be for the remainder of the unexpired term.
(2)
In making such appointments, the Village Board may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Village Board may reimburse the members for appropriate expenses incurred in obtaining training.
(3)
The Village Board shall have the power to remove, after public hearing, any member of the Planning Board for cause, including non-compliance with minimum requirements relating to meeting attendance and training as established by the Village Board by Local Law.
(4)
The Village Board shall select a Chairman of the Planning Board, or on failure to do so, the Planning Board shall elect a Chairman from its own members.
B.
Powers and duties of the Planning Board. The Planning Board shall have the following powers and duties:
(1)
To review and recommend revisions to the Comprehensive Plan for the development of the Village as provided under § 7-722 of Village Law and/or Village Board Resolution.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
To review and comment on all proposed zoning amendments and special use permit applications and to make investigations, maps, reports and recommendations 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 to act on any matter lawfully referred to it by the Village Board.
(3)
To review site plans as authorized by New York State Village Law and prescribed in Article XIV of these regulations.
(4)
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.
(5)
To review, act on or provide advisory reports as specified by this chapter.
(6)
To make referrals to other Village Departments, Boards and/or officials to request advisory opinions to assist the Planning Board in making decisions which affect the development of the Village.
(7)
All such powers and duties as are conferred upon Village Planning Boards and subject to the limitations set forth in §§ 272, 272-a, 274, 274-a, 275, 276, 277, 278, and 281 of the New York State Village Law,[1] as the same may be amended, modified, or changed from time to time, or any sections subsequently adopted pertaining to Planning Boards.
[1]
Editor's Note: These are references to the New York State Town Law.
C.
Planning Board Office. The Office of the Code Enforcement Officer shall be the Office of the Planning Board. 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 the Village Law of the State of New York. The Planning Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its environmental reviews and determination, its examinations and other official actions.
D.
Alternate member.
(1)
Purpose. The Village Board of Trustees of the Village of Lima hereby affirmatively opts to exercise the authority delegated to it by Village Law Section 7-718(16) and the Municipal Home Rule Law to establish the position(s) of alternate member of the Village Planning Board. It is the intention and purpose of this chapter to establish such position(s) and to provide specific limitations and regulations related thereto.
(2)
Creation of the position of alternate member of the Village of Lima Planning Board. The position of alternate member of the Planning Board is hereby created and authorized by the Village Board of Trustees of the Village of Lima, in accordance with Section 7-718 (16) of the Village Law.
(3)
Establishment and appointment of alternate members. The Village Board may choose, in its exclusive discretion, to establish one or more Alternate Planning Board member positions. The Village Board shall not be required to establish such position or position(s), and in no event shall it establish or appoint more than three alternate member positions. Appointment of specific parties to the position of alternate member shall be accomplished by Resolution of the Village Board at any regular or special meeting thereof.
(4)
Term. The term of office of each alternate member of the Planning Board shall be limited to a maximum of three years, provided that such member is appointed by action of the Village Board at its annual meeting. If an alternate member is appointed during the year at any time following the date of the annual meeting of the Village Board, the term of such appointment shall expire at the end of the second full year following said appointment, for a term that shall be less than a full three-year term.
(5)
Abolition of position of Alternate Planning Board Member. In the event that the Village Board chooses to appoint one or more such Alternate member position(s), the position(s) cannot be abolished or terminated by the Village Board unless and until it becomes vacant.
(6)
Function of alternate Planning Board member positions. Upon the creation of one or more alternate member positions, the Chairperson of the Planning Board shall be authorized to substitute the services of an alternate member is lieu of a regularly appointed member of the Planning Board as established and constituted pursuant to § 31-1 of the Lima Village Code, in the following instances and situations:
(a)
In the event that a regular member of the Planning Board is unable to participate in consideration of any matter before the Planning Board because of a conflict of interest, up to three alternate members (but in no event more than the number of alternate members necessary to constitute a total Board participation constituting a majority plus one of the convened Board), if such number of alternate member positions have been established by the Village Board and appointments to said position(s) have been made by the Village Board, may be authorized to substitute for regular Board members as alternate members to consider said matter which is the subject of the conflict of interest.
(b)
When an Alternate Planning Board member has been selected or empaneled to substitute for a regular Planning Board member to consider a specific topic or matter before the Board, that alternate member shall continue to consider and to act as a substituted alternate member if such matter is adjourned and is to be reconvened or addressed by the Planning Board at a later time or date. Notwithstanding the foregoing, the alternate member shall not be authorized to participate in any new or different business or agenda items not specifically considered by said alternate member at or during the initial meeting at which the alternate member performed substitute service unless the regular Planning Board member for whom the alternate member substituted is absent at the later or reconvened meeting.
(c)
In the event that a regular Planning Board member is unable to be present to participate in a scheduled and noticed meeting of the Board due to illness or other excused, anticipated absence such as a vacation, one alternate member may be substituted to attend such meeting to consider, act and deliberate in the place and stead of the absent member in all matters that come before the Board. The alternate member shall in such instance participate for and on behalf of the absent member for and during that meeting, in contrast to an alternate member substituting for a regular member due to a conflict of interest.
(d)
The Chairperson of the Planning Board is authorized to select the Alternate Planning Board member to serve as a substitute from among those persons appointed by the Village Board as an alternate member.
(7)
Scope of authority. Any alternate member of the Planning Board selected and empaneled as a substitute for a regularly-appointed Planning Board member shall possess all the powers and responsibilities of such member of the Board, except as specifically limited by this section of the Lima Village Code. Designation of the Alternate Planning Board member as an acting Planning Board member for a specific meeting shall be so noted and entered in the Minutes of such Planning Board meeting at which such substitution is made.
(8)
General Application of Law and State Laws, Code and Regulations.
(a)
All provisions of Section 7-718 of the Village Law and § 31-1 of the Lima Village Code, together with any other laws, statutes or regulations now or hereafter applicable to the training, continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards shall also apply to Alternate members of the Planning Board.
(b)
This chapter shall be effective immediately upon filing thereof with the Secretary of State.
§ 185-98 Order to abate violation.
Upon determination by the Enforcement Officer that there has been a violation of any provision of this chapter, he shall serve upon the holder of any permit issued under this chapter or, if no such permit has been issued, then upon the owner and/or the person occupying the land where the violation shall have occurred, an initial order, in writing, and in the same manner as prescribed for the service of a summons pursuant to the Civil Practice Law and Rules, directing that the conditions specified therein be corrected within 10 days after the delivery of such order.
§ 185-99 Penalties for offenses.
A.
The person, firm, company or corporation who shall omit, neglect or refuse to do any act required by this chapter, or who shall omit, neglect or refuse to do any act or condition imposed by the Village Board, Zoning Board of Appeals or the Planning Board or who shall build any structure contrary to the plans or specifications submitted to the Enforcement Officer and certified by him as complying with this chapter shall be guilty as follows:
(1)
For a first offense of a violation, punishable by a fine of not more than $250 or by imprisonment not to exceed 15 days, or by both fine and imprisonment; and
(2)
For a second offense and any subsequent offense occurring within one year after the conviction of a first offense of a Class A Misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed one year, or by both fine and imprisonment; and
(3)
In addition to the foregoing, by a penalty of $500 for each offense to be recovered by the Village of Lima in civil action.
B.
Each and every week that a violation of any of the provisions of this chapter continues after written notice shall have been served upon the person in violation of this chapter pursuant to the Civil Practice Law and Rules shall constitute a separate violation. In addition to the remedies set forth, the Village Board may institute an appropriate action or proceeding to abate any violation of the provisions of this chapter or to compel compliance therewith.
C.
Any person, firm, company or corporation who shall fail to acquire any permit or license herein required within 30 days of the time that said permit or license should have been acquired under this chapter shall pay to the Village Clerk before the issuance of any said permit or license, a sum equal to three times the fee set for the issuance thereof.
§ 185-100 Amendments; referral to Livingston County Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The regulations, restrictions and boundaries established by this chapter may from time to time be amended, supplemented, changed or modified or repealed by ordinance in accordance with the procedures provided by § 7-706 and 7-708 of the Village Law. However, all amendments to this chapter which would change the district classification or the regulations applying to real property lying within a distance of 500 feet from the boundary of the Village of Lima or the boundary of any existing or proposed county or state park or other recreational area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the right-of-way of any existing or proposed stream or drainage channel owned by the county for which the county has established channel lines or from the boundary of any existing or proposed county or state owned land on which a public building or institution is situated shall be referred to the Livingston County Planning Board as required by § 239-m of the General Municipal Law. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways which are shown on a plan of Livingston County adopted pursuant to § 239-d, Subdivision (2), of the General Municipal Law or adopted as an Official Map of Livingston County pursuant to § 239-e of the General Municipal Law. If the Livingston County Planning Board fails to report within 30 days after receipt of a full statement of such referred matter, the Village Board of Lima may act without such report. If the Livingston County Planning Board disapproves of the proposed amendment, supplement, change or modification or recommends modification of the proposal of the Village of Lima, the Village Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action and shall, within 30 days after final action, file a report of the final action it has taken with the Livingston County Planning Board.
§ 185-101 Assessment of charges.
A.
In order to secure compliance with this chapter and to protect and preserve the public health, safety and welfare, the Village Board shall have the power to perform work, labor and services as required of persons under this chapter and to add the cost thereof to the Village tax bill applicable to the property where such is performed, pursuant and subject to the terms and conditions of this section.
B.
Upon inspection by the Enforcement Officer and subsequent to the service of an order to abate violation as set forth in § 185-98 of this chapter, the Enforcement Officer may report to the Village Board, in writing, his findings and recommendations regarding any act or acts required of any person, firm, company or corporation who shall have omitted, neglected or refused to do any such act required of him pursuant to this chapter.
C.
The Village Board shall thereafter consider such report and may by resolution determine, if in its opinion such report warrants in the interest of public health, safety or welfare, that such act or acts be performed and may order that such be performed. Such resolution and order shall contain the following:
(1)
A description of the subject premises and/or structure;
(2)
A statement of the particular act or acts required of acts required of the person, firm, company or corporation or their agent or person in control thereof and
(3)
A statement that such act or acts shall commence within 10 days after service of the order and be completed within a reasonable time thereafter as the Village Board may specify, which may (for good cause shown) be extended by the Village Board.