[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 5-19-2003 by L.L. No. 8-2003. Amendments noted where
applicable.]
A.
Except as otherwise provided or supplemented, in whole
or in part, in the Village Code and/or the New York State Vehicle
and Traffic Law, any offense against any provision of the Village
Code, or any other local law or ordinance of the Village, or of any
resolution, rule, regulation, condition, or other determination or
requirement of any Village board, Village commission, or Village department,
or direction or order of the Village Building Inspector or Village
Engineer, shall be punishable by a fine not exceeding $1,000, imprisonment
for not more than 15 days, or both such fine and imprisonment.
[Amended 10-25-2021 by L.L. No. 20-2021]
B.
Each day that an offense shall continue shall be deemed
a separate and distinct offense.
C.
The court shall consider restitution or reparation to the victim
of the crime and may require restitution or reparation as part of
the sentence imposed upon a person convicted of an offense, as provided
and in accordance with § 60.27 of the Penal Law, as such
section may be amended from time to time.
[Added 10-22-2020 by L.L.
No. 9-2020[1]]
D.
In addition, the Board of Trustees may maintain an
action or proceeding in the name of the Village in a court of competent
jurisdiction to compel compliance or to restrain by injunction any
violation of the provisions of the Village Code, or of the local laws
or ordinances of the Village, or of the resolutions, rules, regulations,
conditions, or other determinations or requirements of any Village
Board, Village Commission, or Village Department, or directions or
orders of the Village Building Inspector or Village Engineer.
E.
The penalties and injunctive relief set forth in this
chapter are meant to add to and not to replace or diminish any such
other rights and remedies that are otherwise provided by law to the
Village and its boards, commissions, departments, and Village officials.
[Added 11-18-2004 by L.L. No. 3-2004]
When one person engages in conduct which constitutes
a violation of this Code, another person is criminally liable for
such conduct when, acting with the mental culpability required for
the commission thereof, he solicits, requests, commands, importunes,
or intentionally aids such person to engage in such conduct. This
section has been included for clarity and, in substance, is merely
a paraphrased restatement of the substance of Penal Law § 20.00,
which applies to the entire Village Code.
[Added 5-21-2019 by L.L.
No. 6-2019]
A.
It shall be a violation of this Code for any obligated person to
fail to comply with a condition of a board within the time period
set by that board, or, if none, within the time period set by an authorized
Village official.
B.
In addition to the fines set forth in Chapter 116 of this Code and such other actions authorized by this Code, upon the Superintendent of the Building Department finding such violation to exist, such Superintendent may issue a stop order or decline to issue or revoke a previously issued certificate of compliance, completion, or occupancy
C.
AUTHORIZED VILLAGE OFFICIAL
BOARD
CONDITION OF A BOARD
OBLIGATED PERSON
As used in this section, the following terms shall have the meanings
indicated:
Includes the following Village officers and employees: Superintendent
of the Building Department, Superintendent of the Department of Public
Works, Building Inspector, Commissioner of Police, Police Officer,
and Mayor, and the Chairman of a board with regard to that board's
condition.
Includes the following Village boards and commission: Board
of Trustees, Planning Board, Board of Appeals, Architectural and Preliminary
Site Plan Review Board, and Landmarks Preservation Commission.
Includes any condition, directive, or other requirement of
a board.
Includes the following: as to all of the premises that benefitted
by the board's action when the board imposed the condition, unless
such condition was limited to only certain premises, all of the present
owners, tenants, and lessees of those premises.
