Village of Old Brookville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville. Amendments noted where applicable.]

§ 1-1 Definitions.

A. 
Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meaning indicated:
ATTORNEY
The Village Attorney of the Village of Old Brookville, New York, or legal counsel retained by the Village to render legal advice and other related services.
BOARD OF APPEALS or ZONING BOARD OF APPEALS
The Board of Appeals of the Village of Old Brookville, New York, appointed in accordance with the provisions of this Code and § 7-712 of the Village Law.
BOARD OF TRUSTEES, VILLAGE BOARD, or BOARD
The Board of Trustees of the Village of Old Brookville, New York.
BUILDING INSPECTOR
The enforcement officer of the Village of Old Brookville, New York, appointed by the Mayor, subject to the approval of the Board of Trustees, including the Mayor to enforce zoning, housing, building, unsafe buildings and related regulations within the Village of Old Brookville.
CLERK
See "County Clerk" and "Village Clerk."
CODE
Unless otherwise specifically qualified, the Code of the Village of Old Brookville.
COUNSEL
See "attorney."
COUNTY
The County of Nassau in the State of New York.
COUNTY CLERK
The County Clerk of the County of Nassau in the State of New York.
DIRECTOR OF WEIGHTS AND MEASURES or SEALER OF WEIGHTS AND MEASURES
The Director of Weights and Measures of the County of Nassau in the State of New York.
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
The Fire Chief of the Glenwood Hook & Ladder, Engine and Hose Company, Inc., Village of Old Brookville, New York.
HEALTH OFFICER
The official who serves as the Health Officer of the Village of Old Brookville, New York.
MAYOR
The Mayor of the Village of Old Brookville, New York.
OWNER
A person who has the legal title, alone or with another, to exercise dominion or control over property both real and personal.
PERSON
One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies, and all other entities capable of being sued.
PLANNING BOARD
The Planning Board of the Village of Old Brookville, New York, established pursuant to Village Law § 7-718.
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the Village of Old Brookville, New York.
POLICE COMMISSIONER
The Police Commissioner of the Village of Old Brookville, New York.
REGISTRAR OF VITAL STATISTICS
The Registrar of Vital Statistics of the Village of Old Brookville, New York, appointed pursuant to Public Health Law § 4121(3).
ROAD COMMISSIONER
The member or the individual appointed by the Mayor and approved by the Board of Trustees designated to oversee the construction, maintenance and use of streets and highways within the Village of Old Brookville.
STATE
The State of New York.
TENANT
A person occupying real property under an oral or written lease or who is in possession of real property under the actual or tacit consent of the owner. Whenever a person, not the owner, occupies real property, it shall be presumed that he or she occupies same as a tenant.
TRUSTEE
A trustee of the Village of Old Brookville, New York.
VILLAGE, THIS VILLAGE, or VILLAGE OF OLD BROOKVILLE
The incorporated Village of Old Brookville in the County of Nassau and State of New York.
VILLAGE ATTORNEY
See "attorney."
VILLAGE CLERK or CLERK
The Village Clerk of the Village of Old Brookville, New York.
VILLAGE JUSTICE or POLICE JUSTICE
The Village Justice of the Village of Old Brookville, New York.
VILLAGE TREASURER
The Village Treasurer of the Village of Old Brookville, New York.
B. 
Applicability of the General Construction Law. Words not otherwise above described and defined in the General Construction Law shall have the same meanings as defined therein.
C. 
Names of officers, boards, departments, commissions and other agencies. The names of officers, boards, departments, commissions and other agencies used in this Code shall be construed as though the words "of the Village of Old Brookville, New York" were added unless the context or subject matter otherwise requires.
D. 
Other words. All other words used in this Code and not otherwise specifically defined shall be construed in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.

§ 1-2 Rules of construction.

A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural.
C. 
A word importing only the masculine gender shall also be construed to include females, corporations, partnerships, associations, joint stock companies, societies, and all other entities capable of being sued.

§ 1-3 Penalties for offenses.

A. 
Violations and penalties.
(1) 
Any owner, lessee, contractor, agent or individual, whether a person, partnership or corporation, shall be guilty of an offense if he:
(a) 
Occupies, uses or maintains, or causes or permits to be occupied, used or maintained; or erects, enlarges, alters or converts, or causes, or permits to be erected, enlarged, altered or converted any building, structure or part thereof or any land in the Village not in conformity with the provisions of the Village Zoning Code,[1] the Uniform Code[2] or Energy Code or any other Village local law;
[1]
Editor's Note: See Ch. 300, Zoning.
[2]
Editor's Note: See Ch. 103, Code Administration and Enforcement.
(b) 
In any manner violates, or allows, causes, permits, takes part or assists in a violation of any provision of the Village Zoning Code, the Uniform Code or Energy Code or any other Village local law or of any regulation, order or ruling promulgated thereunder, including, but not limited to, the terms or conditions of any building permit, certificate of occupancy, temporary certificate, certificate of continued use, stop-work order, operating permit, or a decision of the Board of Zoning Appeals or Planning Board; or
(c) 
Violates any written stop-work order.
(2) 
A person convicted of an offense shall be guilty of a violation.
(3) 
A violation of two or more sections of the Village Zoning Code, the Uniform Code or Energy Code or any other Village local law, or provisions within a section, shall be separate and distinct offenses for which a fine may be levied.
(4) 
Each and every day a violation exists or continues shall constitute a separate and distinct violation conviction for which shall be an additional offense.
(5) 
Each violation of the Uniform Code or Energy Code shall be punishable by a fine not less than $1,000 and not to exceed $5,000, or a term of imprisonment not to exceed 15 days, or both. Pursuant to New York State Penal Law § 80.10, if a corporation is found guilty of a violation of the Uniform Code or Energy Code, it shall be punished by a special corporate fine of not less than $1,000 and not to exceed $5,000.
[Amended 10-20-2014 by L.L. No. 5-2014]
(6) 
Each violation of the Village Zoning Code or any other Village local law shall be punishable by a fine not to exceed $5,000 or imprisonment of up to 15 days, or both, unless otherwise provided for by greater fine or term of imprisonment in such Zoning Code or local law, and except as limited by the Vehicle and Traffic Law. Pursuant to New York State Penal Law § 80.10, if a corporation is found guilty of a violation of the Village Zoning Code or any other Village local law, it shall be punished by a special corporate fine not to exceed $5,000.
[Amended 10-20-2014 by L.L. No. 5-2014]
(7) 
If any person fails to abate any such violation of this article within five calendar days after written notice has been served personally upon said person, or within 10 days after written notice has been sent to said person by certified mail at said person's home or business address, said person shall be subject to a civil penalty of $1,000 for each and every day that said violation continues, recoverable by suit brought by the Village.
(8) 
The Board of Trustees may enforce obedience to any provisions of the Village Zoning Code, the Uniform Code or Energy Code or any other Village local law by injunction in an action in the State Supreme Court or by any other civil remedy.
B. 
Any building erected, constructed, altered, converted, enlarged, moved, or used contrary to any of the provisions of the Village Zoning Code, the Uniform Code or Energy Code or any other Village local law, and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of the Uniform Code or Village Code, shall be and the same is hereby declared to be unlawful. The appropriate Village authorities may institute an action to prevent, enjoin, abate, or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of the Village Zoning Code, the Uniform Code or Energy Code or any other Village local law.

§ 1-4 Remedies not exclusive.

No remedy or penalty specified in this article shall be the exclusive remedy or penalty available to address any violation described in such code or local law, and each remedy or penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this article, or in any other section of the Village Zoning Code or other Village local law, or in any other applicable law. Any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this article or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

§ 1-5 Failure of officers or employees to perform duties.

The failure any officer or employee of the Village to perform an official act imposed by this Code shall not be an offense, and shall not subject such officer or employee to the penalty imposed for the violation of any provision of this Code, unless a penalty is specifically provided therefor.

§ 1-6 Deputies, assistants and representatives.

A. 
Wherever any officer of the Village is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, it shall also be construed to include the deputies, assistants and representatives of such officer to exercise such powers or duties.
B. 
While acting within the scope of their employment, it shall be presumed that all acts performed by such deputies, assistants and representatives were duly delegated and authorized.

§ 1-7 Supersession of Village law.

In case any provision of the Code is inconsistent with any provision of the Village Law, pursuant to the authority contained in Subdivision 1, Paragraph e, Subparagraph 3 of § 10 of the Municipal Home Rule Law, the Village Law is modified and superseded in its application to the Village of Old Brookville to the extent and only to the extent that the Village Law is inconsistent with any provision of the Village of Old Brookville Code.
[Adopted 4-18-2016 by L.L. No. 1-2016[1]]
[1]
Editor's Note: This local law adopted the Code in its entirety. The histories in the Code predating the Code adoption reflect those amendments legislated by the Village.

§ 1-8 Legislative intent.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the Code of the Village of Old Brookville, as codified by General Code, and consisting of Chapters 1 through 300, together with an Appendix, is hereby adopted and shall be known and cited as the "Code of the Village of Old Brookville."

§ 1-9 Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Trustees of the Village of Old Brookville, and it is the intention of said Board of Trustees that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-10 below.

§ 1-10 Repealer.

A. 
Repeal of inconsistent enactments. Except as provided in § 1-11, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-19; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Old Brookville which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-11 Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in § 1-10 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the Village of Old Brookville prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
B. 
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Old Brookville or any penalty, punishment or forfeiture which may result therefrom.
C. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Village of Old Brookville.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Old Brookville.
E. 
Any local law or ordinance of the Village of Old Brookville providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Old Brookville or any portion thereof.
F. 
Any local law or ordinance of the Village of Old Brookville appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Old Brookville or other instruments or evidence of the Village's indebtedness.
G. 
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance relating to salaries and compensation.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any local law or ordinance relating to or establishing a pension plan or pension fund for Village employees.
M. 
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Village.
N. 
Any local law or ordinance adopted subsequent to May 18, 2015.

§ 1-12 Severability.

If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law included in this Code through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 1-13 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Old Brookville and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Village Clerk of the Village of Old Brookville by impressing thereon the Seal of the Village of Old Brookville, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-14 Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code of the Village of Old Brookville, when enacted or adopted in such form as to indicate the intention of the Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be published and, as provided hereunder, included in the Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law contained herein, and such local laws may be amended, deleted or changed from time to time as the Board of Trustees deems desirable.

§ 1-15 Code to be kept up-to-date.

It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the Code of the Village of Old Brookville required to be filed in the office of the Village Clerk for use by the public. All changes in said Code and all local laws and resolutions adopted by the Board of Trustees subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws or resolutions until such changes, local laws or resolutions are published as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-16 Sale of Code; supplementation.

Copies of the Code, or any chapter or portion of it, may be purchased from the Village Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Board of Trustees. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-17 Penalties for tampering with Code.

Any person who alters or tampers with the Code of the Village of Old Brookville in any manner whatsoever which will cause the legislation of the Village of Old Brookville to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to penalties as set forth in Article I of this chapter.

§ 1-18 Incorporation of provisions into Code.

The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Village of Old Brookville, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-8 to 1-19, inclusive.

§ 1-19 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.