[Amended 1-20-1986 by L.L. No. 2-1986; 9-22-1998 by L.L. No.
9-1998; 6-21-2016 by L.L. No. 8-2016; 11-21-2023 by L.L. No. 13-2023]
A.
A violation of any of the provisions of the Building Zone Ordinance
of the Incorporated Village of Sands Point by the owner, lessee, tenant,
architect, builder, general agent, contractor, subcontractor, or any
other person who knowingly commits, takes part, or assists in any
such violation of a building or premises, or who maintains any building
or premises in which such violation shall exist shall, upon conviction
thereof, be subject to a fine not exceeding $10,000 for each violation,
regardless of any convictions for prior violations.
B.
Each week's continued violation shall constitute a separate and distinct
offense, for which separate and additional fines and punishment or
civil penalties may be imposed and recovered.
C.
In the event the penalty sought is within the monetary jurisdiction
of the Justice Court, as established in Article 18 of the Uniform
Justice Court Act, such action to recover such penalty may, as shall
be determined by the Village Attorney, be commenced in the appropriate
court as a small claim action.
D.
The imposition of a penalty or fine as provided above or as specifically
provided in any chapter of the Village Code or local law, ordinance,
rule, or regulation of the Village shall be in addition to any injunctive
or remedial relief for any civil penalty which is authorized under
the laws of the Village of Sands Point, with the same force and effect
as though provided for herein. Such penalty or fine shall not be deemed
to be in lieu of any provision for revocation or suspension of any
license or permit.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained,
or any building, structure or land is used, or any land is divided
into lots, blocks or sites in violation of this act or of any local
law or other regulation or the terms of any resolution or order adopted
by a Village board, made under authority conferred thereby, the proper
local authorities of the Village, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance, use or division of land to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises. All issues in any action or proceeding for
any of the purposes herein stated shall have preference over all other
civil actions and proceedings.
[1]
Editor's Note: This local law also provided
for the Supersession of Village Law § 7-714, as follows:
"Pursuant to the authority set forth in Municipal Home Rule Law § 10(1)(ii) and the New York State Constitution, and in accordance with the New York State Court of Appeals' decision in Kamhi v. Town of Yorktown, 74 N.Y.2d 423, Village Law § 7-714 is hereby superseded and amended as it applies to the Village of Sands Point and § 176-68 of the Code of the Village of Sands Point is amended to read as follows:."
[Added 11-21-2023 by L.L. No. 13-2023]
Unauthorized Conditions shall be authorized for approval, provided
that a variance or a site plan modification is granted from the Board
of Appeals to legalize the Unauthorized Conditions, or an amended
building permit is approved by the Building Department in cases where
a variance or a site plan modification is not required, and the following
fees, costs, and penalties are paid:
A.
Square footage (gross floor area). A structure in excess of the maximum
permitted shall be deemed authorized on the condition that the applicant
pay additional permit fees of $250 per square foot.
B.
Setbacks. A structure that has less than the minimum allowed setback
shall be deemed authorized on the condition that the applicant pay
additional permit fees of $10,000 per foot beyond the setback authorized.
C.
Sky plane. A structure that penetrates the allowed sky plane and
contains no height violation shall be deemed authorized on the condition
that the applicant pay additional permit fees:
(1)
Between eight inches and one foot in sky plane penetration:
$10,000.
[Amended 12-18-2023 by L.L. No. 16-2023]
(2)
Between one foot one inch and two feet 11 inches in sky plane
penetration: $30,000.
(3)
Between three feet one inch and three feet 11 inches in sky
plane penetration: $60,000.
(4)
Between four feet and four feet 11 inches in sky plane penetration:
$100,000.
(5)
Between five feet and five feet 11 inches in sky plane penetration:
$150,000.
D.
Height. A structure that exceeds the allowed height shall be deemed
authorized on the condition that the applicant pay additional permit
fees of $5,000 per inch.
E.
Lot coverage. A parcel that exceeds the allowed lot coverage shall
be deemed authorized on the condition that the applicant pay an additional
permit fee of $150,000 per each percent of excess coverage.
F.
All measurement calculations are to be set by the Village and shall
be rounded upward for purposes of permit fee costs.
G.
All fees, costs, and penalties are subject to change by resolution
of the Village Board.
