A.
Code Enforcement Officer. This chapter shall be enforced by the Code
Enforcement Officers designated by the Board of Trustees, including
the Superintendent of Buildings, and by such other officers who shall,
from time to time, be designated by resolution of the Board of Trustees.
B.
Inspection authority. In the discharge of their duties, the Code
Enforcement Officers or any duly authorized subordinate shall have
the right, upon proper identification, to enter upon any land or into
any building or structure at any reasonable hour.
C.
Records kept. The Superintendent of Buildings shall file and maintain
records of all applications, building permits, certificates of occupancy,
complaints of violation and actions taken.
D.
Compliance. No officer, board, agency or employee of the Village
shall issue, grant or approve any permit, license, certificate or
other authorization for any erection, demolition or relocation of
any building or structure or for any use of any land or building that
is not in full compliance with the provisions of this chapter. Any
such permit, license, certificate or other authorization issued, granted
or approved in violation of any of the provisions of this chapter
shall be null and void and of no effect without the necessity of any
proceedings for revocation or nullification thereof and any work undertaken
or use established pursuant to any such permit, license, certificate
or authorization shall be unlawful and no action shall be taken by
any officer, board, agency or employee of the Village, including the
Zoning Board of Appeals, purporting to validate any such violation.
[Amended 11-16-2023 by L.L. No. 2-2023]
A.
Enforcement.
It shall be the duty of the Building Inspector to enforce the provisions
of this chapter. In the discharge of his or her duties, the Building
Inspector or any duly authorized subordinate or police officer, as
required, shall have the right, upon proper identification, to enter
upon any land or into any building or structure at any reasonable
hour. Where it is determined by the Building Inspector that there
is a violation of any provision of this chapter or that the conditions
or requirements of any special exception permit issued pursuant to
this chapter have not been complied with, then the Building Inspector
shall give the owner, tenant or occupant of said land, building or
structure written notice of the violation or noncompliance.
B.
Penalties.
The Incorporated Village of Malverne is aware of and duly acknowledges
the existence of § 20-2006 of the Village Law of the State
of New York and hereby supersedes such section. Any person or corporation,
whether as owner, lessee, architect, building contractor or the agent
or employee of any of them, who violates or is accessory to the violation
of any provision of this chapter or any regulation made under the
authority conferred by this chapter or who shall erect, construct,
alter, enlarge, convert, or move any building or structure without
a building permit or in violation of any statement or plans submitted
and approved under the provisions of this chapter or who shall use
any building, structure or land in violation of this chapter or any
regulation made under the authority conferred by this chapter or in
violation of any building permit (including a special use permit)
or without a building permit or certificate of occupancy where one
is required by this chapter shall, upon conviction, be guilty of a
violation pursuant to this chapter only, unless otherwise designated
by law, punishable by a fine of not more than $2,000 or imprisonment
of not more than 15 days, or both. The conviction of a second violation
of any such provision or regulation, both of which were committed
within a period of five years, shall be punishable by a fine of not
more than $5,000 or imprisonment of not more than 15 days, or both.
The conviction of a third or subsequent violation of any such provision
or regulation, all of which were committed within a period of five
years, shall be punishable by a fine of not more than $10,000 or imprisonment
of not more than 15 days, or both. Each week's continued violation
shall constitute a separate additional violation.
C.
Injunction.
The Board of Trustees may enforce obedience of this chapter by injunction.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter or of any ordinance or
other regulation 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 or use; 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.
Whenever any provision of this chapter is in conflict with any
other provision of this chapter or any other statute or local law
applicable or covering the same subject matter, the most restrictive
provision or the one imposing the highest standard shall govern and
be supreme.
The Board of Trustees may from time to time, upon its own initiative
or on petition, amend, supplement, change, modify, or repeal this
chapter or any portion thereof, including, but not limited to, the
Zoning Map and Schedule of Regulations, in accordance with the Village
Law of the State of New York.
If any article, section, subsection, paragraph, subdivision,
clause, phrase or provision of this chapter shall be judged invalid
or held unconstitutional, the same shall not affect the validity of
this chapter as a whole or any part or provision thereof, other than
the part so decided to be invalid or unconstitutional.
