Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Removal of asbestos — See Ch. 76.
Unsafe buildings — See Ch. 91.
Fire prevention and protection — See Ch. 114.
Historic conservation — See Ch. 121.
Housing maintenance standards — See Ch. 124.
Multiple dwellings — See Ch. 140.
Zoning — See Ch. 225.
[Adopted 7-16-1974 by L.L. No. 4-1974]

§ 89-1 Intent.

This Article establishes procedures for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code within the Village of Great Neck Plaza. It is necessitated by the fact that the village is repealing its Building Construction Code which contains such procedures and is adopting the New York State Uniform Fire Prevention and Building Code which does not contain any such procedures.

§ 89-2 Building Inspector.

A. 
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, including plumbing and drainage work therein, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
B. 
He shall receive and examine and approve or disapprove, within a reasonable time after receipt thereof, applications for permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
C. 
He shall receive and examine and approve or disapprove, within a reasonable time after receipt thereof, applications to install any new plumbing or drainage work in a building or structure or to extend or alter any existing plumbing or drainage work, whether such work is to be connected with a sewer or not.
D. 
He shall, on complaint or other information, examine existing and completed buildings and structures, as well as buildings and structures under construction, and shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during the construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances and regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from other employees of the village or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
E. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative laboratories and/or service bureaus or agencies.

§ 89-3 Right of entry.

The Building Inspector and his deputies are hereby authorized and shall have the right, upon the showing of proper credentials, and in the discharge of their duties, to enter upon any building, structure or premises at any reasonable hour and no person shall interfere or prevent such entry.

§ 89-4 Records and reports.

A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records.
B. 
The Building Inspector shall annually submit to the Village Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 89-5 Cooperation of other departments.

The Building Inspector may request, so far as may be necessary in the discharge of his duties, the assistance and cooperation of all municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 89-6 Application for permits.

A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition or conversion of any building or structure, or part hereof, or change the nature of the occupancy of any building or structure or cause the same to be done without first filing with the Building Inspector an application for such construction, alteration, moving or demolition, or installation of an elevator or a dumbwaiter, heating or heat-producing appliance or equipment other than ordinary stoves or ranges, and obtaining a permit, except that no permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Required information.
(1) 
Such application shall be made to the Building Inspector in duplicate on forms provided by him and shall contain the following information:
(a) 
A description of the land on which the proposed work is to be done and the use district in which it is located.
(b) 
A statement of the use or occupancy of all parts of the land and the proposed building structure, the maximum occupancy of each floor and live load on each floor.
(c) 
The validation of the proposed work.
(d) 
The full name and address of the owner and of the applicant, and the names and addresses of their officers if any of them are corporations.
(e) 
A brief description of the nature of the proposed work.
(f) 
A duplicate set of plans and specifications as set forth in Subsection C.
(g) 
Such other information as may reasonably be required by the Building Inspector and other village officials to establish the compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
(2) 
Applications shall be made by the owner, lessee or agent of either or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
(3) 
If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and a statement of the route to be followed. Permits from the state, county, town and/or village authorities shall be submitted at the time of making application for permit.
(4) 
The Building Inspector shall require a separate application to be filed for an elevator or dumbwaiter installation, but in case such separate application is filed by the same applicant in connection with and relating to an application to construct or alter a building or structure, it shall not be necessary to duplicate the affidavit attached to, or information contained in, the application to construct or alter.
(5) 
Nothing in this section shall prevent the Building Inspector from requiring such additional information as may be necessary to an intelligent understanding of any proposed work.
C. 
Plans and specifications.
(1) 
Each application for a building permit shall be accompanied by duplicate plans and specifications, duplicate property surveys by a licensed land surveyor and a recent tax bill for the subject property. The applicant shall type or print legibly all pertinent information on the applications. The plot plan shall be drawn to scale and shall show the location, size, shape and dimensions of the property, the setback from the property lines, the size of all existing and proposed buildings, additions and/or structures on the property and the front yard setbacks of all existing buildings within 200 feet on each side of the plot.
(2) 
The plans shall be drawn to scale and shall show all necessary details of all structural, mechanical, electrical and plumbing work to be performed.
(3) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where otherwise required by state law, the seal of a licensed architect or a licensed professional engineer.
[Amended 6-19-1996 by L.L. No. 4-1996]
(4) 
The Building Inspector may waive the requirement for filing plans and specifications for minor alterations.
(5) 
An application to demolish shall give the full name and address of the owner or owners, of the applicant and of the person who is to do the work and the lot number or street number of the premises.
D. 
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Inspector and approval shall be received from the Building Inspector prior to the commencement of such change of work.
E. 
No building permit shall be issued for or in connection with any parcel of realty until the applicant for said permit shall have received the approval of a site or topographical map providing for drainage facilities and drainage so as to ensure adequate protection for the surrounding areas, except in those instances where the Building Inspector deems, due to topography, it is not necessary. Said topographical map shall include all factors which are material, i.e., surface drainage, existing structures, future development, elevations of surrounding areas, actual and potential capacities of all stormwater basins and pools and the size thereof. Said topographical survey shall be submitted to the Building Inspector after the necessary approvals shall have been obtained from the Nassau County Department of Public Works in accordance with any requirements of state law.
[Amended 6-19-1996 by L.L. No. 4-1996]
F. 
No building permit shall be issued for or in connection with any parcel of realty until the applicant for said permit shall have received such approval of the proposed construction or alteration as may be required by other governmental or municipal agencies, e.g., New York State Department of Labor, Nassau County Fire Marshal's office, etc. A copy of such approval shall be stamped or endorsed on a copy or copies of the plan filed with the application for the building permit.

§ 89-7 Action on permit application.

A. 
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and the documents filed therewith. He shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of an application for a permit and upon receipt of the legal fees therefor, as provided by § 89-22 of this article, the Building Inspector shall issue a permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
[Amended 6-19-1996 by L.L. No. 4-1996]
C. 
Upon approval of an application for a building permit, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
D. 
If an application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building ordinances and regulations, the Building Inspector shall disapprove the same, and one set of plans and specifications shall become part of the public record and one set shall be returned to the applicant. Upon receipt of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

§ 89-8 Performance of work under permit.

A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of three months after the date of its issuance. If work is not commenced within such period of three months, the project shall be deemed abandoned. For good cause, the Building Inspector may allow reasonable extensions at his discretion. Any project which is not completed within two years from the date of issuance of a building permit shall be deemed abandoned unless good reason is shown for delay.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building ordinances or regulations. All work shall conform to the approved application, plans and specifications.
C. 
The location of a new building or structure or an extension of an existing building or structure shown on an accepted and approved plot diagram or an amendment thereof shall be strictly adhered to.
D. 
It shall be unlawful to reduce or diminish the area of any lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in condition shall have been filed and approved; provided, however, that this shall not apply when the lot area is reduced by reason of a street opening or widening or other public improvement.
E. 
The Building Inspector shall be given at least 24 hours' notice of the starting of work under a permit.
F. 
Before ceilings, walls or partitions of any work for which a permit is required are covered with lath, plasterboard, plaster ceiling or other covering, the Building Inspector shall be notified. Within three days after receipt of such notice, he shall inspect the same. No such ceilings, wall or partitions shall be covered until permission to do so has been granted by the Building Inspector.
G. 
No foundations or concrete shall be placed unless and until the Building Inspector is given written notice of the placing of the same at least 24 hours prior to the time scheduled for its placement.
H. 
Building permits shall be prominently displayed on the job site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares.

§ 89-9 Supervision of construction.

A. 
No building which is to have a total floor area in excess of 10,000 square feet shall be constructed except under the supervision of a professional engineer or architect licensed or registered in the State of New York.
B. 
No permit will be issued for the construction of a building which is to have a total floor area in excess of 10,000 square feet until an affidavit is filed with the Building Inspector certifying that the construction of such building will be supervised by a professional engineer or architect licensed or registered in the State of New York. The affidavit shall be signed and sworn to by the engineer or architect who will supervise the construction of such building, shall contain a statement that said engineer or architect has examined the plans and specifications of the proposed construction and is thoroughly familiar therewith and shall have his professional seal affixed. In the event that such engineer or architect shall, for any reason, discontinue his supervision of the construction of the building at any time prior to the completion, he shall immediately notify the Building Inspector of such fact, and thereupon the building permit issued for such construction shall be suspended and no further work shall be done thereunder until another such affidavit shall be filed with the Building Inspector certifying that supervision of the construction has been resumed by another or the same engineer or architect.
C. 
The driving of piles shall be supervised by the professional engineer or registered architect who shall keep a written record of the drivings and who shall certify to the bearing capacity of each pile. A copy of said record and the certification shall be filed with the Building Inspector prior to the placement of pile caps.
D. 
During the course of construction, the Building Inspector may require special tests and certifications with respect to the properties of structural steel, reinforcing bar steel and concrete and that the same was erected, installed or placed in accordance with the plans and specifications.
E. 
No certificate of occupancy will be issued for a building having a total floor area in excess of 10,000 square feet until a final certificate is filed with the Building Inspector by the engineer or architect who supervised the construction that the building was in fact erected in conformity with the plans therefor filed with the Building Inspector.

§ 89-10 Abandonment of project.

In the event of the abandonment of any building project, it shall be the duty of the holder of the permit or the owner of the premises, his agent or duly authorized representative to backfill any open excavation up to the street or ground level; in case the construction of the building or structure has proceeded beyond the cellar excavation, all incomplete structures or openings shall be completely boarded up so as to prevent access to the building or structure in order to limit and prevent danger to persons or property and possible fire hazards.

§ 89-11 Revocation of permits.

The Building Inspector shall have authority to revoke permits theretofore issued in the following instances:
A. 
Where he finds that there has been any false statements or misrepresentation as to material fact in the application, plans or specifications on which the building permit was based;
B. 
Where he finds that the permit was issued in error and should not have been issued in accordance with the applicable law;
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or
D. 
Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.

§ 89-12 Stop orders.

[Amended 7-7-1976 by L.L. No. 7-1976]
Whenever the Building Inspector has reasonable grounds to believe that work on or in any building or structure has been or is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provision of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to cease use of the building or structure or any portion thereof and to restore it so that it is in compliance with the provisions of this article, if the work has been completed and, if the work has not been completed, then to suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, which states the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering the notice personally to him or by placing it upon a conspicuous portion of the building under construction and sending a copy of the same by registered or certified mail.

§ 89-13 Certificates of occupancy.

[Amended 7-7-1976 by L.L. No. 7-1976]
A. 
No building shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the Building Inspector certifying that such building conforms substantially to the permit and the requirements of law applying to buildings of its class and kind.
B. 
No building shall be enlarged, extended or so altered, wholly or in part, as to change its classification as a residential business or industrial building and no building hereafter altered for which a certificate of occupancy has not been issued heretofore shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the Building Inspector certifying both that the work for which the permit was issued has been completed substantially in accordance with the permit and the provisions of law applying to such an alteration and that the building is safe for occupancy insofar as can be determined by visual inspection, provided that if the occupancy or use of such building was not discontinued during the work of alterations, the occupancy or use of the building shall not continue for more than 30 days after the completion of the alteration unless such certificate shall have been issued.

§ 89-14 Certificate of completion.

In those instances where work is performed under a permit but no certificate of occupancy is required, the Building Inspector shall issue a certificate of completion if it is found that the proposed work has been completed substantially in accordance with the permit and the laws applicable thereto. The certificate shall also indicate the use or uses to which the structure or installation may thereafter be put and to what extent.

§ 89-15 Certificate of approval of plumbing or drainage work.

In those instances where plumbing or drainage work is to be performed under a permit, the Building Inspector shall issue a certificate of approval of the plumbing or drainage work if it is found that said work has been completed substantially in accordance with the permit and the laws applicable thereto.

§ 89-16 Inspections; records.

A. 
Before issuing a certificate of occupancy, a certificate of completion or a certificate of approval of plumbing or drainage work, the Building Inspector shall examine or cause to be examined all buildings, structures, sites and work for which said application has been filed; and he may conduct such inspection as he deems appropriate from time to time during and upon completion of the work.
B. 
There shall be maintained in the Village Office a record of all such examination and inspections, together with a record of findings of violations of the law.

§ 89-17 Issuance of certificates.

A. 
A certificate of occupancy, a certificate of completion or a certificate of approval of plumbing or drainage work shall be issued within a reasonable time after application therefor is made.
B. 
A final survey must be submitted before a certificate of occupancy or a certificate of completion will be issued.

§ 89-18 Temporary certificates of occupancy.

Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life, health or the public welfare. A temporary certificate of occupancy may be issued for a period not exceeding three months from its date of issuance and shall be void thereafter, except that for good cause the Building Inspector may allow a maximum of two extensions for period not exceeding three months each.

§ 89-19 Tests.

Whenever there are reasonable grounds to believe that any material construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests by a testing agency designated by the Building Inspector at the applicant's own cost in order to furnish proof of such compliance.

§ 89-20 Zoning restrictions.

The restrictions of Chapter 225, Zoning, with respect to the location of trades and industries, the use and occupancy of buildings, the areas of yards and other open spaces and the height of buildings and structures shall not be deemed to be modified by any provision of this article; and such restrictions shall be controlling except insofar as this article imposes greater restrictions by reason of the type of construction used, in which case the provisions of this article shall control.

§ 89-21 No legalization due to delinquency.

[Amended 6-19-1996 by L.L. No. 4-1996]
No oversight or dereliction of duty on the part of the Building Inspector or on the part of any employee of the village shall legalize the erection, construction, alteration, removal of, use or occupancy of a building or plumbing installation, nor shall it legalize any such building or plumbing installation that does not conform with the provisions of an application, plans or specifications, on the basis of which a building permit or plumbing permit was issued, or that does not conform to the applicable provisions of Chapter 225, Zoning.

§ 89-22 Fees.

A. 
Amount.
[Amended 4-15-1992 by L.L. No. 2-1992; 2-6-2008 by L.L. No. 1-2008]
(1) 
The village shall set a minimum estimated cost-per-square-foot value for construction, which figure shall be revised from time to time to reflect current values. As used herein, the "estimated cost" means the amount of money that would ordinarily be expended for good safe construction in the erection of the complete building or structure exclusive of interior decoration.
(2) 
The following fees shall be required in connection with permits authorized to be issued under this article:
(a) 
For a permit for a new building or structure, the fee shall be $300 plus $12 for each $1,000 or fraction thereof of estimated cost; for a permit for the alteration of a building or structure, the fee shall be $100 plus $12 for each $1,000 or fraction thereof of estimated cost. The fee for a renewal of such permits shall be $10 per $1,000 of the estimated cost of uncompleted work.
(b) 
For a permit to move a building or structure, the fee shall be $500, plus the cost of a new foundation as calculated under Subsection A(2)(a) above.
(c) 
For a permit for the demolition of a building or structure or part thereof, the fee shall be $500.
(d) 
For a permit for a temporary structure, such as a construction trailer or shanty, the fee shall be $500; for a renewal of a permit for a temporary structure, the fee shall be $200.
(e) 
For a permit for the installation or renovation of an elevator in, or in connection with, a building or structure, the fee shall be $400 for each elevator.
(f) 
For a permit for the installation of a heating or heat-producing appliance or equipment or air-conditioning equipment in, or in connection with, a building or structure, the fee shall be $200 for each such device.
(g) 
For a record search and issuance of a duplicate copy of a certificate of occupancy or certificate of compliance, the fee shall be $25.
(h) 
For a permit to install any new plumbing or drainage work in a building or structure, the fee shall be a minimum of $200 plus $10 additional for each fixture. To extend or alter any existing plumbing or drainage work, the fee shall be a minimum of $100 plus $10 additional for each fixture.
(i) 
For a permit to install a sprinkler or standpipe system in a new or existing building, the fee shall be $300 plus $3 per head.
(j) 
For a permit to install a landscape sprinkler system, the fee shall be $100 plus $5 per head.
(k) 
Construction equipment.
[1] 
For placing a crane, hoist, lift, concrete, pump, rubbish container or other construction equipment on a street, highway or other public property, the fee shall be $150 for the first day plus $60 per day or part thereof after the first 24 hours. In addition, a bond in an amount to be set by the Commissioner of Public Services shall be deposited with the village to ensure proper repair of street, sidewalks, curbs and shoulders.
[2] 
Public utilities shall pay a yearly fee of $500 and a yearly bond as aforementioned.
(3) 
Before any existing building is demolished or removed to a new location, either on the same lot or any other lot, a permit for such demolition or removal shall be obtained from the Village Building Department. When submitting the application for such a permit, in addition to the application fee specified above, the applicant shall deliver to the Clerk of the village a policy of liability insurance or a certificate thereof, in the amount of $500,000/$1,000,000, which said policy of insurance shall indemnify said village against any claim for damages arising out of or because of said removal or demolition.
(4) 
Except for the fee required for a new building or alteration permit under Subsection A(2)(a) above, the above-specified fees shall be paid in full at the time the permit application is submitted, and no portion of said fee shall be refunded regardless of whether the requested permit is granted or denied.
(5) 
With respect to the fee due for a new building or alteration permit under Subsection A(2)(a) above (excluding the renewal of such permits), the specified fee may be paid in 2 installments:
(a) 
When the permit application is submitted: 20%. This portion of the fee shall not be refunded regardless of whether or not the requested permit is granted or denied.
(b) 
If and when the applicant is notified by the village that the permit application has been approved and that the permit is ready to be issued: 80%. This second portion of the requisite fee shall not be required to be paid if the permit application is denied or withdrawn prior to issuance of the permit. However, if this second portion of the permit fee has been paid and the permit application is denied or withdrawn prior to issuance, then the applicant may request a refund of this second portion of the permit fee.
(6) 
No fees paid pursuant to this section shall be refunded after a permit has been granted for any reason, including but not limited to abandonment of the project or revocation of the permit or for willful violation of the provisions of the New York State Uniform Fire Prevention and Building Code.
B. 
Place of filing. All applications, notices and sworn statements required by this article and copies of the approved plans shall be kept on file in the office of the Village. Applications shall be promptly docketed as received. For purposes of identification and reference, all such papers shall be marked with the block and lot number of the property to which they apply and of the street and house number when possible.
C. 
Amendments. Nothing in this code shall prohibit the filing of amendments to any application at any time before the completion of the work for which permit was sought, and such amendments, after approval, shall be made a part of the application and be filed as such. Such amendments shall state the additional cost (if any) involved and shall be accompanied by the fee required.
D. 
Ordinary repairs excepted. Ordinary repairs to buildings, structures or plumbing and drainage thereof may be made without notice to the Village Building Inspector, but such repairs shall not be construed to include the cutting away of any wall or any portion thereof, the removal or cutting of any beams or supports, or the removal, change or closing of any stairway or required means of exit, or the alteration of any house sewer, private sewer or drainage system, or the construction of any waste pipe.
E. 
Compliance with Labor Law. Any application for permit for the construction or alteration of any building which is required to conform to the requirements of the New York State Labor Law shall be accompanied by evidence of approval by the Industrial Commissioner of the State of New York.

§ 89-23 Penalties for offenses.

[Amended 6-19-1996 by L.L. No. 4-1996]
In accordance with § 382 of Article 18 of the Executive Law of the State of New York:
A. 
Any person having been served with an order of the Building Inspector pursuant to this article who shall fail to comply with such order within 30 days after such service or within the time fixed by the order for compliance, whichever is greater, shall be punishable by a fine of not more than $500 or 30 days in jail, or both.
B. 
Any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents who shall knowingly violate any of the applicable provisions of the New York State Uniform Fire Prevention and Building Code or any lawful order of the Building Inspector, made pursuant to this article, or any other provision of this article, shall be punishable by a fine of not more than $500 or 30 days in jail, or both.
[Amended 7-7-1976 by L.L. No. 7-1976]
C. 
Any person who makes a willful false statement to avoid or reduce the fee that would otherwise be paid pursuant to the terms of this article shall commit a violation which shall be punishable by a fine of not more than $250.
[Amended 6-19-1996 by L.L. No. 4-1996]
D. 
Except as provided otherwise by law, a violation of this article shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.

§ 89-24 Abatement of violations.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.

§ 89-25 Repealer; conflicts with other laws.

A. 
Local Law No. 3 of 1974 is hereby repealed.
B. 
In the event that the provisions of this article conflict with any other local law or ordinance of the Village of Great Neck Plaza, the provisions of this article shall govern.
[Adopted 2-15-1995 by L.L. No. 1-1995]

§ 89-26 Purpose.

The Board of Trustees of the Village of Great Neck Plaza hereby finds that Local Law No. 16 of 1985, which currently imposes restrictions on the hours and days of building construction within the Village of Great Neck Plaza, is not adequate to protect its citizens against unwarranted disturbances. For this reason, the Board of Trustees hereby adopts this article.

§ 89-27 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BUILDING
Any building or structure within the village, whether used for commercial, residential or other purpose.
EXTERIOR MAINTENANCE OR CONSTRUCTION
Any maintenance or construction which, in whole or in part, is performed outside the four walls of a building.
INTERIOR MAINTENANCE OR CONSTRUCTION
Any maintenance or construction which is entirely confined within the four walls of a building.
MAINTENANCE OR CONSTRUCTION
Includes, but shall not be limited to, maintenance, upkeep, repair, modification, alteration, excavation, demolition or erection of a building.
PERMITTED HOURS
Those hours between 8:00 a.m. and 6:00 p.m. on weekdays and between 9:00 a.m. and 5:00 p.m. on Saturdays.
PERSON
Any individual, corporation, partnership or other legal entity.
VILLAGE
The Village of Great Neck Plaza.

§ 89-28 Restrictions.

A. 
It is hereby prohibited for any person to engage in interior maintenance or construction of a building within the village except during the permitted hours. However, this restriction shall not apply if the interior maintenance or construction cannot be heard outside the building.
B. 
It is hereby prohibited for any person to engage in exterior construction or maintenance of a building within the village except during the permitted hours.

§ 89-29 Special permits and emergencies.

A. 
Upon a showing of good cause, the village's Building Department may issue a special permit authorizing interior or exterior maintenance or construction at times other than the permitted hours. Such special permits must be renewed from day to day.
B. 
In cases of imminent threat to the public health and safety, the prohibitions set forth in this article shall not apply. However, in such cases, an application shall be made to the Village Building Inspector or his designee for a special permit which shall impose appropriate terms and conditions and which shall expire after a specified number of days. Such application shall be made in writing, in person or by telephone and shall be made immediately after the need for emergency interior or exterior maintenance or construction becomes known or as soon thereafter as the Village Building Inspector or his designee can be contacted.

§ 89-30 Penalties for offenses.

Each violation of this article shall constitute a separate offense and, upon conviction, any person violating this article shall, for each such violation, be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment.

§ 89-31 Conflicts with other laws.

In the event that the provisions of this article conflict with the provisions of any ordinance previously adopted by the Village of Great Neck Plaza, then the provisions of this article shall govern.

§ 89-32 Repealer.

Local Law No. 16 of 1985 is hereby repealed.