License application.
The application shall be made to the Department of Building and Fire Prevention and shall include the following information:
A. The name, phone number and property address of the applicant(s).
B. The size of the subject property.
C. A description of any coops, cages and runs that will house the chickens, together with a description of any fencing, barriers or enclosures surrounding the curtilage of the property.
D. A scaled drawing showing the precise location of cages, coops, enclosures, runs, fences and barriers in relation to property lines and to structures on the subject and adjacent properties.
E. A description of the manner by which feces and other waste materials will be removed from the property or will be treated so as not to result in unsanitary conditions or in the attraction of rodents and insects.
F. A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of chickens as described in the license application.
G. A backyard chicken license fee, in accordance with the Town of Henrietta Fee Schedule.
H. An application for a building permit, including the associated fee, unless the applicant already has a Code-compliant chicken coop with a valid certificate of compliance.
Review and issuance of license; expiration.
A. If the application materials appear to be in compliance with this article, and there is not already a compliant chicken coop with a valid certificate of compliance on the property, the Building Inspector or designee shall issue a building permit for the chicken coop.
B. The owner shall notify the Town when the chicken coop construction is complete or when a Code-compliant chicken coop is already present; and within 30 days of such notification, the Building Inspector or designee shall inspect the chicken coop to ensure compliance herewith.
(1) If the chicken coop is in compliance with this article, the Building Inspector shall then issue a certificate of compliance.
(2) After the applicant obtains a certificate of compliance, and so long as the license application is in good order, the Building Inspector or designee shall issue a backyard chicken license allowing the keeping of chickens on the property by the licensee.
(3) The backyard chicken license shall be limited to the applicant and the subject property only and shall not be transferable to another individual or to another property.
C. Any chicken coop that is abandoned for a period of two years or more shall result in the expiration of the certificate of compliance and accompanying license and would require a new application for the keeping of chickens.
Enforcement and revocation.
A. This article shall be enforced by the Town Code Enforcement Officer or designee.
B. As a condition of holding a backyard chicken license, all licensees agree that the Code Enforcement Officer may enter onto the subject property, outdoors only, for the limited purpose of certifying compliance with the backyard chicken license.
C. Should the Town Code Enforcement Officer find a violation of this article, he may issue a notice of violation and order to correct, providing seven days to correct.
D. Should the violation fail to be corrected within seven calendar days, the Code Enforcement Officer may issue an information and complaint in relation thereto, and, upon a guilty finding, the licensee may be fined up to $100 for each violation. Each day of continued violation shall be considered an additional violation.
E. In addition to issuance of an information and complaint, or in the alternative, should a violation fail to be corrected within seven days, the Code Enforcement Officer may revoke the subject license, requiring removal of the chickens within seven days. Within seven days of such revocation, the licensee may provide a written notice of appeal of such revocation to the Town Board, which shall temporarily stay the revocation. Within 30 days thereof, the Town Board shall hold a public hearing on such revocation where the licensee and Code Enforcement Officer shall each present their case. Should the Town Board find sufficient evidence of the violation, it may uphold the determination to revoke the license, requiring removal of the chickens within seven days thereof. Otherwise, the revocation shall be annulled, and the license may continue. Upon revocation, all chickens shall be removed from the property within seven days, and no chicken coop license may be issued to the licensee or the subject property for a period of one year.
F. Moreover, should more than two notices of violation and orders to correct be issued against a licensee within a period of one year, regardless of whether they have been corrected, the Code Enforcement Officer may revoke the license. Appeal of such revocation shall be handled in accordance with Subsection E above.