[HISTORY: Adopted by the Board of Trustees of the Village of North
Hills as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-3-2001 by L.L. No. 4-2001 (Ch. 1, Art. II, of the 1982
Code)]
A.
Any interested person, or any appropriate officer or
employee of the Village, may file a complaint, in writing, with the Village
Administrator alleging that there exists on any property in the Village conditions
which constitute a violation of this Code or which constitute a public nuisance
or which endanger or tend to endanger the property, safety or health of any
inhabitant of the Village or the public health.
B.
The Village Administrator shall cause any such complaint
to be investigated and shall submit the same, together with a written report
of the findings resulting from such investigation, to the Board of Trustees.
C.
The Board of Trustees may direct that the person or persons believed to be responsible for the alleged conditions shall appear before the Board of Trustees at a time and place designated and show cause why such conditions should not be abated or corrected. Such notice may be served either personally or by certified mail, addressed to each such person at his or her last known residence address, or may be served in any other manner permitted for service of a summons in a civil action. Such notice may include a warning of consequences as described in Subsection E hereof.
D.
At the time and place designated, the Board of Trustees
shall meet and hear all persons interested and may make such investigations
and inquiries as the Board may determine necessary or appropriate. Thereupon,
the Board of Trustees may, by resolution, make such orders and directions
as may seem necessary or proper under the circumstances.
E.
In the event that any person or persons to whom such
notice has been sent fails to appear in person at the designated time and
place, such failure to appear shall be deemed an admission by each such person
of the truth of the allegations and a consent to such action by the Board
of Trustees, provided that the notice given to such person so states.
F.
The failure of any person to comply with the provisions
of any order or direction of the Board of Trustees, or any part thereof, issued
pursuant to this section shall constitute a violation.
G.
In addition to any penalty provided herein, or elsewhere
in this Code, in the event that any person fails to comply with the provisions
of an order or direction of the Board of Trustees, or any part thereof, made
pursuant to this section, within the period of time specified therein by the
Board of Trustees, the Village of North Hills may perform or cause to be performed
such acts as may reasonably be necessary to effectuate compliance with the
said order or direction, and the expenses of said action shall be charged
to the property affected in the same manner as a special assessment and shall
also be the personal liability of any person who failed to so comply.
[Adopted 1-19-2005 by L.L. No. 1-2005]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of North Hills, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 215, together with an Appendix, shall be known collectively as the "Code of the Village of North Hills," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Village of North Hills" to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read.
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 North Hills, and it is the intention of said Board 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 § 1-4 below.
All local laws and ordinances of a general and permanent nature of the
Village of North Hills in force on the date of the adoption of this local
law and not contained in such Code or recognized and continued in force by
reference therein are hereby repealed from and after the effective date of
this local law.
The repeal of local laws and ordinances provided for in § 1-4 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 North Hills 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 North Hills 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 North
Hills.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the Village
of North Hills.
E.
Any local law or ordinance of the Village of North Hills
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 North Hills or any portion thereof.
F.
Any local law or ordinance of the Village of North Hills
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 North Hills 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 municipal 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 adopted subsequent to 10-1-2004.
O.
Local Law No. 7-1980, adopted 5-14-1980, codified as
Chapter 79, Building Construction, of the 1982 Code; including all amendments
thereto, and any other local laws regarding building construction.
P.
Local Law No. 5-1999, adopted 8-25-1999, codified as
Chapter A181, Purchase Money Mortgage, of the 1982 Code, including an amendment
adopted 2-10-2000 by Local Law No. 4-2000.
Q.
Local Law No. 7-1999, adopted 10-27-1999, regarding senior
housing facilities with services in the Residential R-NH District, codified
as § 174-12.3 of the 1982 Code; including an amendment adopted 2-10-2000
by Local Law No. 3-2000.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law, ordinance or resolution included in
this Code now or 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.
A copy of the Code, in loose-leaf form, has been filed in the office
of the Village Clerk of the Village of North Hills 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 North Hills by impressing thereon the
Seal of the Village of North Hills, 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.
Any and all additions, deletions, amendments or supplements to any of
the local laws, ordinances and resolutions known collectively as the "Code
of the Village of North Hills" or any new local laws or resolutions, 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 printed and, as provided hereunder, inserted
in the loose-leaf book containing said Code as amendments and supplements
thereto. Nothing contained in this local law shall affect the status of any
local law, ordinance or resolution contained herein, and such local laws,
ordinances or resolutions may be amended, deleted or changed from time to
time as the Board of Trustees deems desirable.
It shall be the duty of the Village Clerk to keep up-to-date the certified
copy of the book containing the Code of the Village of North Hills 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 printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
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.
Any person who, without authorization from the Village Clerk, changes
or amends, by additions or deletions, any part or portion of the Code of the
Village of North Hills or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of North Hills
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 a fine of not more than $250 or imprisonment for a term of not more than
15 days, or both.
Any person, firm or entity who or which violates any provision of this
Code for which a different penalty is not specifically prescribed shall be
guilty of a violation and, upon conviction thereof, shall be punishable for
each such offense by a fine of not more than $1,000 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment. Each day on
which a violation occurs or continues shall constitute a separate offense.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of North Hills, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B and C hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Trustees that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B.
The amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become effective
upon the effective date of this local law. (Chapter and section number references
are to the local laws, ordinances and resolutions as they have been renumbered
and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-19-2005 by L.L. No. 1-2005." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
