[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas
Joel 7-29-1993 as L.L. No. 9-1993.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provides that it shall supersede
§ 4-414 of the Village Law to the extent any provision of this law
is adjudged inconsistent or in conflict therewith.
The Board of Trustees recognizes that many residential properties in
the village are used for business activities and purposes, notwithstanding
the fact that the village's Zoning Law[1] prohibits businesses other than home occupations in residential
zoning districts. Certain such businesses may be lawful nonconforming uses,
whereas others may be unlawful under the Zoning Law. The Board determines
that such activities and purposes have an adverse effect on their residential
neighbors, particularly with respect to traffic, parking congestion, visual
appearance and noise. Accordingly, the Board of Trustees has determined that
the village must regulate business uses, activities and purposes in order
to protect the general health, safety and welfare of the community. The Board
determines that the provisions of this chapter are intended to supplement
and not supplant the provisions of the State Uniform Fire Prevention and Building
Code or of the village's zoning and other laws and that the village reserves
all authority to regulate and enforce pursuant to said laws.
No business use, purpose or activity, whether for profit or not for
profit, may be conducted in the village, except in the main shopping center
(located on Forest Road), unless the owner or operator registers with the
village. Said registration must be made with the Village Clerk in accordance
with the registration requirements set forth below and upon payment of a registration
fee. Registration shall be valid for one year from the date thereof. The registration
shall be renewed by the village on an annual basis upon submission of a renewal
fee, provided that the registrant and the subject property are in compliance
with all village laws, rules and regulations. The registration fee and renewal
fee may be set and amended from time to time by resolution of the Board of
Trustees.
All businesses in operation on the effective date of this chapter must
register within 30 days of said date. Any business not in operation on the
effective date of this chapter shall register prior to commencing operation
and shall not commence operation until a proof of registration certificate
is issued.
Every business which complies with the requirements of this chapter
shall be issued a proof of registration certificate, which certificate must
be prominently displayed on the premises.
A.
No vehicle, including trailers or mobile homes which
may otherwise serve as a residence, shall be used as a store or office. However,
a vehicle lawfully used for such purpose on the effective date of this chapter
may continue such use, provided that said business and vehicle are timely
and properly registered with the Village Clerk.
B.
The owner or operator of any vehicle used for business
purposes, whether or not the business is operated within the village, must
register and obtain a proof of registration certificate and affix said certificate
in a prominent location on the vehicle. Where the business is operated within
the village, said vehicle registration must be made at the same time the owner
or operator registers its business with the Village Clerk.
C.
No more than one business vehicle may be parked or stored
on any property, except for the main shopping center property.
All businesses subject to this chapter must provide off-street parking
on the premises. One parking space per 100 square feet of floor area available
to patrons of the premises shall be provided.
All businesses shall comply with the Village of Kiryas Joel Property
Maintenance Local Law.[1]
All businesses shall comply with the Village of Kiryas Joel Noise Local
Law.[1]
All businesses subject to this chapter shall comply with the following
sign requirements:
A.
One sign only is permitted.
B.
Signs may be attached to the building only. No freestanding
signs are permitted.
C.
Signs shall not exceed a total area of six square feet.
However, a sign which otherwise complies with this section and is lawfully
in existence on the effective date of this chapter may remain in use.
Each registrant shall provide the following information on forms provided
by the village:
A.
Name and address of business owner. If the owner is a
corporation, provide names and addresses of corporate officers.
B.
Name and address of property owner. If the owner is a
corporation, provide names and addresses of corporate officers.
C.
Address and tax map number of subject property.
D.
Type and name of business.
E.
Number and names of employees.
F.
Make, year and license plate number of all vehicles used
in the business and designation as to whether such vehicles are stored or
parked on the premises.
G.
Floor area of building devoted to business use.
H.
If required by the enforcement officer, site plan showing
property boundaries, location of building, location of off-street parking
spaces and size and location of advertising sign.
A.
Enforcement officer; notice of violation; appearance
ticket. The Village Clerk and/or any other person authorized by the Board
of Trustees are hereby designated as the officers charged with the enforcement
of this chapter and are hereby authorized to issue notices of violation and
appearance tickets to secure enforcement. Such appearance tickets shall be
in the form prescribed by the Criminal Procedure Law.
B.
Enforcement procedure. Upon determination that a violation
exists in, on or about any building, premises or property, the Code Enforcement
Officer shall serve a written notice of violation which orders the remedying
of the violation. Such order shall state the nature of the violation and the
provision or term violated and shall set a date as may be reasonably necessary
for achieving compliance before proceedings to compel compliance or assess
penalties shall be instituted. Such order shall be served personally or by
certified mail to the last known address of the property owner and/or occupant.
If service is by certified mail, then a copy of the notice of violation shall
be posted at the premises where the violation exists. Appearance tickets shall
be served personally.
A.
Any violation of any provision of this chapter or of
any lawful order of an enforcement officer shall be deemed a violation of
this chapter.
B.
Any person or entity who or which violates this chapter
shall, upon conviction, be punishable as provided for violations of the State
Penal Law.
C.
Alternatively or in addition to those penalties prescribed
for violations under state law, any person, firm or corporation who or which
violates this chapter shall be liable to the village for a civil penalty of
not more than $200 for each day or part thereof during which such violation
continues. The owner of the premises, owner of the business and/or operator
of the business shall be jointly and severally liable for any civil penalty.
Said civil penalties shall be recoverable in an administrative proceeding
held by and before the Board of Trustees pursuant to the following procedure:
(1)
Whenever a violation has not been remedied within the
time specified in the notice of violation, an enforcement officer may issue
an order to show cause before the Board of Trustees why such penalties should
not be imposed.
(2)
Service of order to show cause.
(a)
Such order to show cause shall be served personally or
by mailing a copy of such order by certified mail to the property owner and
occupant, to their last known addresses as shown by the records of the village,
and by posting a copy of such order on the premises.
(b)
A copy of said order may be filed in the County Clerk's
office, which order shall be filed in the same manner as a notice of pendency
pursuant to Article 65 of the Civil Practice Law and Rules and shall have
the same effect as a notice of pendency as therein provided. An order so filed
shall be effective for a period of one year from the date of filing. It may
be terminated upon an order of a Judge or Justice of a court of record or
upon the written consent of the attorney for the village. The County Clerk
shall mark the order to show cause and any record or docket thereof as canceled
of record upon the presentation and filing of a certified copy of such judicial
order of such consent.
(3)
Content of order. Said order to show cause shall state
the nature of the violation; the provision or term violated; and the date,
time and place for a hearing before the Board of Trustees. The hearing shall
be set for a date not less than seven days after the date of the order to
show cause is mailed.
(4)
Conduct of hearing.
(a)
The Board of Trustees shall conduct a hearing at the
date, time and place specified in the order to show cause. The hearing may
be adjourned from time to time and shall continue until interested persons
subject to the order to show cause are heard. No formal rules of evidence
shall apply nor shall a stenographic transcript be required.
(b)
After the hearing is closed, the Board of Trustees shall
make findings and make a determination. Such determination shall indicate
the basis and reason for the decision, shall state the dollar amount of any
fine(s) imposed and shall be supported by substantial evidence.
(c)
Any fines imposed plus, if any fine is imposed, the costs
to the village of the proceeding, including but not limited to attorneys'
fees and administrative costs, shall be immediately due and payable. Administrative
costs shall be determined from time to time by resolution of the Board of
Trustees.
(d)
The determination of the Board of Trustees may be reviewed
in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules,
provided that such proceeding is commenced within 30 days of such determination.
Judicial review shall not stay any stop-work order or stay payment of any
fine and costs imposed.
(5)
Assessment of fines and costs. All fines and all costs
incurred by the village in connection with the administrative proceeding,
if unpaid, shall be a lien on the real property and shall be assessed against
such property, together with nine-percent interest per annum, and shall be
levied and collected in the same manner as real property taxes.
D.
Correction of violation by village. Compliance with this
chapter is required in the interest of the public safety, health and welfare.
Notwithstanding any other provision herein, if a property owner fails to correct
a violation after notice of the same, the village and its agents shall have
the right to enter upon the property and perform the work necessary to correct
the violation. The property owner shall be responsible and liable for all
costs incurred by the village in connection therewith. If not paid, said costs
shall be a lien on the real property and shall be assessed against such property,
together with nine-percent interest per annum, and shall be levied and collected
in the same manner as real property taxes.
If any phrase, sentence or provision of this chapter is adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined to
that phrase, sentence or provision affected by such judgment and shall not
affect the validity of the remainder of this chapter.
