Fort Plain, N.Y., Code of Ordinances ch. 116 (eCode360 ed. 2026) § 116-9
Action to terminate license upon failure to comply with conditions imposed
Operative Text
A. At any time subsequent to the granting of a license, the Zoning Board of Appeals may commence a proceeding to terminate said license based upon a failure of the applicant to comply with any condition imposed by this Local Law for the granting of such license. B. The Chairman of the Zoning Board of Appeals shall rule on all evidentiary matters, and the burden of proof shall be on the Zoning Board of Appeals to prove by a preponderance of the evidence that the conditions imposed by this Local Law have been violated. C. After the hearing is completed, the Zoning Board of Appeals shall determine whether such conditions have been violated. To make a finding that such violations have occurred, there must be a concurring vote of a majority of the members of the Zoning Board of Appeals. D. Upon finding of such violations, the Board must take one or more of the following actions: (1) Declare the license to be terminated as if the original permit had not been granted. (2) Continue the license under the same terms and conditions previously imposed. (3) Impose a civil penalty of up to $200 per day for each day the lodging house, rooming house or boarding house continues to operate after the license is terminated.
Fort Plain Code of Ordinances ch. 116 § 116-9 establishes a formal process by which the Zoning Board of Appeals can move to revoke a lodging, rooming, or boarding house license if the license holder has failed to meet the conditions under which it was granted. The Board bears the burden of proving a violation by a preponderance of the evidence, and a majority vote of its members is required to make a finding of violation. Once a violation is found, the Board may terminate the license, allow it to continue under existing conditions, or impose civil penalties of up to $200 per day for continued operation after termination—or some combination of these outcomes.
Plain English — not legal advice.
Operators of lodging houses, rooming houses, or boarding houses in Fort Plain should be aware that under ch. 116 § 116-9, any failure to comply with the conditions attached to a license can trigger a formal Board proceeding that may result in license termination. Compliant operators generally maintain ongoing adherence to all conditions stated in their license, keep records that demonstrate such compliance, and respond promptly and formally to any notice of a proceeding initiated by the Zoning Board of Appeals. Continuing to operate after a license has been terminated can expose an operator to civil penalties of up to $200 for each day of continued operation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants residing in a lodging house, rooming house, or boarding house in Fort Plain may find it relevant that ch. 116 § 116-9 gives the Zoning Board of Appeals authority to terminate a facility's license if the operator has violated the conditions under which it was granted. If a tenant believes their housing facility is operating in violation of its license conditions, they may consider contacting the Zoning Board of Appeals to inquire about the complaint or proceeding process, or reaching out to a local tenant-rights organization for general guidance. Understanding this provision can also be relevant context when evaluating the legal status of a rental arrangement or raising concerns about a facility's compliance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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