Lyons, N.Y., Code of Ordinances ch. 236 (eCode360 ed. 2026) § 236-10

Any person affected by any notice which has been issued in connection with the enforcement of this chapter may request and shall receive a hearing on the matter before the Zoning Board of Appeals, provided that such person shall file in the office of the Zoning Board of Appeals a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within five days after the day the notice was served. A. Hearing, notification and conduct of hearing. (1) Upon receipt of such petition, the Zoning Board of Appeals shall set a time and place for such hearing and shall give the petitioner written notice thereof. (2) At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. (3) The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner, the Zoning Board of Appeals may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement. B. Determination after hearing. (1) After such hearing, the Zoning Board of Appeals shall sustain, modify, or withdraw the notice, depending on his or her finding as to whether the provisions of this chapter and the rules and regulations adopted thereto have been complied with. (2) If the Zoning Board of Appeals sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to the chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Zoning Board of Appeals within five days after such notice is served. (3) After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation pursuant thereto, when such notice has been sustained by the Zoning Board of Appeals, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Zoning Board of Appeals within five days after such notice is served. C. Proceedings to be summarized and entered as public record. The proceedings at such hearing, including the findings and decision of the Code Enforcement Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Town Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Zoning Board of Appeals may seek relief therefrom as provided in state and/or local law. D. Emergencies; action thereon. (1) Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health and/or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. (2) Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Zoning Board of Appeals shall be afforded a hearing as soon as possible. After such hearing, depending upon his or her finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Zoning Board of Appeals shall continue such order in effect, or modify it, or revoke it. E. The above shall not preclude any person affected from utilizing the appeals process maintained by the New York State Department of State for a variance from the Uniform Code, nor due process in a court of record having jurisdiction over complaints filed with that court.