Gates, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-6

A. When, after final inspection, it is found that a rental property substantially conforms to the provisions of the New York State Uniform Fire Prevention and Building Code, the Town of Gates Zoning Ordinances, Building Construction and Fire Prevention, Property Maintenance Law, and any other applicable provisions of the Town of Gates Code, the Building Inspector shall issue a certificate of compliance upon the form provided by his/her office. B. In the event that it is found that a rental property does not substantially conform to the provisions of the New York State Uniform Fire Prevention and Building Code, the Town of Gates Zoning Ordinances, Building Construction and Fire Prevention, Property Maintenance Law, and any other applicable provisions of the Town of Gates Code, the Building Inspector shall refuse to issue a certificate of compliance and shall require that the rental property substantially conform with all applicable laws, codes, ordinances and regulations prior to the issuance of a certificate of compliance. C. A certificate of compliance issued pursuant to this chapter shall remain valid for a period of three years from the date of issuance, unless sooner terminated pursuant to this chapter. The owner shall apply for and obtain a new rental property permit within 90 days prior to the expiration of a valid certificate of compliance. D. Whenever violations of an applicable law, code, ordinance or regulation are discovered, and those violations affect the property's substantial compliance with such law, code, ordinance or regulation, an existing certificate of compliance may, at the discretion of the Code Enforcement Officer, be declared null and void. If such declaration is made, the Code Enforcement Officer may order occupants of the building to vacate the building through notification to the owner(s) and the occupants of the property, in writing, unless an emergency exists, in which case an immediate order to vacate may be issued. E. Appeals. (1) If the Building Inspector denies or revokes a rental properties permit or certificate of compliance under this chapter, he or she shall notify the applicant in writing. Such notice shall include or be accompanied by a statement reciting the ground or grounds for the denial or revocation. (2) An applicant may appeal from such denial or revocation by filing a written request for an appeal hearing before the Town Board of Zoning Appeals. Such request shall be filed with the Town Clerk. The Town Clerk shall give the appealing party at least five days' written notice of the time and place of the appeal hearing. (3) At the appeal hearing, the Board of Zoning Appeals shall give the appealing party an opportunity to be heard. In all cases, the burden of proof to show that the determination of the Building Inspector was arbitrary, capricious or in excess of this authority shall be upon the appealing party. The decision of the Board of Zoning Appeals on such appeal shall be final and conclusive.