Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
This chapter shall be enforced by the Building Inspector or such other person as may hereafter be designated by the Board of Trustees.
[Added 4-6-2016 by L.L. No. 4-2016]
A. 
Every department, board, agency and committee of the Village shall withhold the processing of any application to such board, committee, agency or department, if:
(1) 
The Commissioner of Public Services has determined that a violation of any provision of the Village Code exists on or at the subject property, or a summons has been issued with regard to an alleged violation of any provision of the Village Code on or at any other property owned by the owner or the applicant within the Village; or
(2) 
Any fees, deposits, or other sums of money are due to the Village with regard to the subject property; or otherwise due to the Village from the owner of the subject property; or otherwise due to the Village from the applicant, if the applicant is not the owner.
B. 
The "processing of an application," as used herein, shall include but not be limited to the review of the application by the Village or its professionals; the scheduling or holding of any hearings or other meetings; the rendering of any decisions, other than, in the sole discretion of the chairperson or commission of such board, committee, agency or department, a denial of such application; the performing of any inspections; and the issuing of any permits or certificates.
C. 
Any application for which processing is to be withheld pursuant to the provisions of this section shall be deemed for all intents and purposes to be incomplete until such department, board, agency or committee receives written notice, by certified mail, return receipt requested, from the applicant, that such violation has been cured and/or such sums have been paid, and such notice is confirmed by the appropriate Village officer or employee.
D. 
The foregoing prohibition shall not preclude the processing of any application if:
(1) 
All of the sums due to the Village have been paid and substantially the sole purpose of the processing is to cure the violations or to seek a variance from the Board of Appeals with regard to such violations; or
(2) 
The Board of Trustees, in its sole discretion, grants a waiver from such prohibition. Among the criteria the Board of Trustees may consider in determining whether or not to grant such a waiver is if the applicant is acting in good faith and with due diligence to cure the violations, or presents a case of hardships, similar to that required for a use variance before the Board of Appeals.
[Added 4-6-2016 by L.L. No. 4-2016]
A. 
As used within this section, the following terms shall have the meanings indicated:
BODY
Any board, committee, commission, agency, department, or other body of the Village.
LAW
The Code of the Village and all of the laws, rules and regulations of any federal, state or other municipal authority, district, department or commission, with jurisdiction over the subject premises.
MATERIAL MISREPRESENTATION
Any incorrect, incomplete or misleading representation of a fact or other circumstance upon which a body or officer bases a determination in whole or in part, or the failure to disclose a fact or circumstance that a reasonable person would believe would be a basis for determining whether or not to grant or condition a grant of an application.
OFFICER
Any elected or appointed officer or employee of the Village.
VIOLATION
The failure to comply with any condition of a permit or variance granted by a body or officer.
B. 
No person shall make any material misrepresentation to any body or officer.
(1) 
No rights to construct or otherwise shall be deemed created or vested if they result in whole or in part from a determination of a body or officer that was based in whole or in part upon a material misrepresentation by or on behalf of an applicant.
(2) 
The finding under this section that a determination was made based upon a material misrepresentation by or on behalf of an applicant to a body or officer shall be made by the same body or officer that made the determination at issue, either on its own initiative or when presented with information or facts from another body or officer or other person.
C. 
No person shall violate any of the requirements imposed by any body or officer as a condition to the granting of a permit or variance.
(1) 
With the exception of violations of conditions imposed by the Board of Appeals, the finding under this section that there was violation of any condition to the granting of a permit or variance imposed by any body or officer shall be made by the Board of Trustees.
(2) 
The finding under this section that there was violation of any condition to the granting of a permit or variance imposed by the Board of Appeals shall be made by the Board of Appeals.
D. 
No person shall violate any law in the use, operation or development of its property within the Village. The finding under this section that there was a violation of any law in the use, operation or development of a property within the Village shall be made by the Board of Trustees.
E. 
Revocation and other sanctions available to a body or officer upon a finding of a material misrepresentation or a violation.
(1) 
In the event that:
(a) 
A body or officer finds that a determination made by it was made based upon a material misrepresentation by or on behalf of an applicant; or
(b) 
The Board of Appeals finds that:
[1] 
There was a substantial violation of one or more of the conditions upon which a permit or variance was granted by it, whether or not notice of such violation had been given; or
[2] 
There were continuous violations of the same condition, after notice, of one or more of the conditions upon which a permit or variance was granted by it, whether or not any of such violations in and of themselves was substantial; or
(c) 
The Board of Trustees finds that:
[1] 
There was a substantial violation of one or more of the conditions upon which a permit or variance was granted by a body other than the Board of Appeals, whether or not notice of such violation had been given;
[2] 
There were continuous violations of the same condition, after notice, of one or more of the conditions upon which a permit or variance was granted by a body other than the Board of Appeals, whether or not any of such violations in and of themselves was substantial;
[3] 
There was a substantial violation of law, whether or not notice of such violation had been given; or
[4] 
There were continuous violations of the same law, after notice, whether or not any of such violations in and of themselves was substantial;
(2) 
Then and in such event, the body or officer authorized to make such finding shall have the authority to:
(a) 
Allow the permit or variance to continue for a probationary period, not exceeding one year; and/or
(b) 
Impose additional conditions to attempt to prevent further violations; or
(c) 
Suspend the use of the property pursuant to such permit or variance until the violation is cured and/or there is compliance with any of the additional conditions that may be imposed; or
(d) 
Revoke the permit or variance.
(3) 
Nothing herein shall limit the penalties to which the owner may be liable for such violations under any other provisions of law.
F. 
Notice of violation.
(1) 
Notice of a violation for actions pursuant to this section shall be deemed sufficient if given in any of the following manners:
(a) 
Personal delivery; or
(b) 
Mailed by certified mail, return receipt requested, or by express courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof, to (i) the owner of the property at the address of the property and at the address for the property shown on the Village real property tax assessment roll, if such address is other than the address of the property; and (ii) to the applicant if other than the owner, at the address of the property and at the address listed on the application for the permit or variance if such address is other than the address of the property.
(2) 
Proof and/or acknowledgement of actual receipt shall be deemed a waiver of any error in the notification.
G. 
Hearing.
(1) 
Prior to a finding by a body or officer pursuant to this section that a material misrepresentation was made by or on behalf of an applicant, that a condition upon which a permit or variance was granted was violated, or that a law was violated, the owner of the subject property and the applicant, if different from the owner, shall be entitled to a hearing at which the owner and/or applicant shall have the right to be heard, to present witnesses and other evidence and to be assisted by counsel.
(2) 
The notice of the hearing shall:
(a) 
Set forth the nature of the violation and/or violations and the date and/or dates that such violations are alleged to have occurred;
(b) 
Set forth the date and time of the hearing;
(c) 
Be mailed not less than 14 calendar days before the day scheduled for the hearing; and
(d) 
Be mailed by certified mail, return receipt requested, or by express courtier guaranteeing overnight delivery and providing a receipt thereof, to (i) the owner of the property at the address of the property and at the address for the property shown on the Village real property tax assessment roll, if such address is other than the address of the property; and (ii) to the applicant, if other than the owner, at the address of the property and at the address listed on the application for the permit or variance if such address is different from the address of the property.
(3) 
The appearance at the hearing of the owner and/or applicant or their counsel or other authorized representative shall be deemed a waiver of any error in the notice, unless an allegation of prejudice is made at the beginning of the hearing.
(4) 
If the owner or applicant desires a court reporter to be present to record the proceedings, the cost of such court reporter shall be paid by the owner and/or applicant, and the Village Clerk shall be notified of the need for a court reporter not later than three business days before the day of the hearing. A deposit toward the cost of the court reporter shall be paid by the owner and/or applicant not later than three business days before the day of the hearing, and the amount of such deposit shall be determined from time to time by resolution of the Board of Trustees.
(5) 
Nonexclusive sanctions.
(a) 
The revocation and other sanctions for misrepresentations and violations provided in this section are nonexclusive and are in addition to all such other fines, penalties and/or other sanctions as may be imposed pursuant to any other sections of this Code or any other laws.
(b) 
The powers for revocation and other sanctions for misrepresentations and violations provided in this section are nonexclusive and are in addition to such other powers as may be granted by any other sections of this Code or any other laws to any officer or body or state or federal official or department to impose fines, penalties or other sanctions for the same misrepresentations and violations.
A. 
Violations.
(1) 
Any violation of the provisions of this chapter, as well as the terms of any variance, temporary or conditional permit, conditional use, special exception or other use permit, by the holder of a permit or variance, or its agents or representatives, or by the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, or by the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or by the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, or by the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation shall be punishable as follows:
(a) 
For a conviction of a first offense by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both.
(b) 
For conviction of a second offense, both of which were committed within a period of five years, by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both.
(c) 
Upon conviction for a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both.
(2) 
Each week's continued violation shall constitute a separate additional violation.
B. 
Whenever the Building Inspector and/or other person or persons designated by the Board of Trustees of the Village is satisfied that any building or structure or any portion thereof is being erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is being used in violation of or not in compliance with any of the provisions or requirements of this chapter, he may, in his discretion, in addition to all other remedies, institute through the attorney for the Village any appropriate action or proceeding at law or in equity to:
(1) 
Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.
(2) 
Prevent, restrain or abate such violation.
(3) 
Prevent the occupancy or use of said building, structure or land.
(4) 
Prevent any illegal act, conduct, business or use in or about such premises.
C. 
The attorney for the Village, when authorized by the Board of Trustees, shall institute all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of this chapter.