Code Enforcement and CEO/ZEO Policy
Resolutions establishing policy for code violation enforcement, appeals of code enforcement officer determinations, and CEO/ZEO authority.
In force, by year of last update
2023
ZBA Authority on CEO/ZEO Determination Appeals
Pursuant to Village Law Section 7-712-b(1), upon an appeal of a determination of the Village of Red Hook Code Enforcement Officer, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or modify the determination appealed from, and shall make such determination as in its opinion ought to have been made by the Code Enforcement Officer, with all the powers of the Code Enforcement Officer.[2][3][4]
Pre-Existing Nonconforming Use — Continuation Right
Pursuant to Village of Red Hook Code section 200-42, the lawful use of any land, building, or structure existing at the time the zoning chapter or any amendment thereto becomes effective may be continued, even if such use does not conform with the provisions of the chapter, consistent with the constitutional right to continue a preexisting nonconforming use after enactment of zoning restrictions.[3]
CEO Violation Appeal Deadline
Fair Housing Act Reasonable Accommodation in Zoning Appeals
The ZBA must consider whether a reasonable accommodation under the Fair Housing Act (42 USCA § 3604(f)) is warranted when an appellant raises a disability-related need, including emotional support animals, even where the applicable local zoning law would otherwise prohibit the use. Such accommodations may be granted where necessary to afford equal opportunity to use and enjoy a dwelling.[4]
Reasonable Accommodation — Scope and Limitations
A ZBA reasonable accommodation under the Fair Housing Act is limited to the specific facts and laws in force at the time the violation was issued; it does not authorize additional, future, or expanded uses, does not override other applicable local laws (including noise and odor ordinances), and the Village may periodically verify that the need for the accommodation still exists.[4]
ZBA Decision — Record-Based and Non-Prospective
A ZBA holding in its quasi-judicial capacity is rendered solely on the record evidence before it at the time of decision and addresses only the allegations of the violation appealed; it is not a prospective ruling on laws that came into force after the violation was issued, and it is not an affirmation of the property's current use in any other respect.[3][4]
2021
CEO Ultra Vires Limitation
A Code Enforcement Officer is without authority to vary the Zoning Law or modify a variance; any such actions are ultra vires and do not bind the Village or the Zoning Board of Appeals.[2]
2011
CEO/ZEO Proactive Violation Patrol
The CEO/ZEO is directed to be proactive and drive around the Village to identify code violations.[1]
History · superseded or expired
2023
CEO Violation Reversal — 26 Elizabeth Street Three-Family Use
The CEO's February 1, 2023 notice of violation against Elizabeth 26 LLC for an "existing illegal 3-family" use at 26 Elizabeth Street was reversed by the ZBA on May 25, 2023, based on evidence that the three-family use predated the Village's adoption of zoning in September 1955 and constituted a lawful preexisting nonconforming use. The reversal addressed only the specific violation appealed and did not affirm compliance with other applicable codes.[3]
CEO Violation Reversal — 25 Fisk Street Goat Keeping
The CEO's January 30, 2023 notice of violation against Paul Sturtz and Polina Malikin for keeping five Nigerian Dwarf pygmy goats at 25 Fisk Street (constituting unpermitted Animal Husbandry in the R10,000 District) was reversed by the ZBA on July 27, 2023, as a reasonable accommodation under the Fair Housing Act for the documented psychological needs of the owners' minor daughter. The accommodation applied only to the five pygmy goats then present, for so long as the need persists, and did not permit additional goats or override other applicable laws.[4]
2021
1986 Variance — Carport at 28 Prince Street
The 1986 Variance granted a side yard setback of 1.5 feet (where 15 feet was required) solely for a carport over an existing driveway at 28 Prince Street (tax no. 6272-10-337721). The ZBA upheld the CEO's Notice of Violation dated December 11, 2020, finding that reconstruction of the carport closer to the property line and addition of a second-floor deck/porch with living space constituted an intensification of use not permitted by the 1986 Variance and a violation of Zoning Law § 200-9D(7). This determination is specific to that parcel and violation proceeding.[2]
Source resolutions
- [1]2011-04-29CEO/ZEO code violation enforcement
- [2]2021-07-22RESOLUTION TO UPHOLD THE DETERMINATION OF THE CODE ENFORCEMENT OFFICER
- [3]2023-05-25Resolution to Reverse the Determination of the Code Enforcement Officer
- [4]2023-07-27Resolution to Reverse the Determination of the Code Enforcement Officer - Application of Paul Sturtz & Polina Malikin – 25 Fisk Street
Synthesized from the chronological history of these resolutions. Each clause shows the year it was last established or amended. The text is a reading aid — for legal force, consult the source resolutions and the Village Code.