A.
In interpreting and applying the provisions of this
chapter, they shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, morals, comfort, convenience
and general welfare. Whenever the provisions of this chapter impose
or prescribe any greater requirements or higher standards on premises,
buildings or structures or on the use thereof than are imposed or
prescribed by any other laws, ordinances, rules or regulations, grants
or permits or by easements, covenants or agreements, the provisions
of this chapter shall govern.
B.
Whenever the provisions of this chapter impose or
prescribe any greater requirements or higher standards on premises,
building or structure or use abutting a residence district, the greater
requirements or higher standards shall also govern when the premises,
building or structure or use either abuts lands owned and maintained
by the Long Island State Park Commission as a state park or parkway
or abuts lands which are within the boundaries of a residence use
district of another municipality.
C.
Whenever a single lot which has been excepted from
the area, width and yard requirements of a particular district by
reason of such lot being in single and separate ownership on a certain
date is joined by common ownership to an abutting lot, the greater
area, width and yard requirements for the particular district shall
apply to the increased size lot.
D.
Alterations, additions, changes.
(1)
Any application for the alteration, addition or physical
change of any building or structure shall be submitted to the Board
of Appeals for a special building permit, and submitted with said
application shall be a survey of the lot or plot showing the present
building or structure and the alteration, addition or physical change
proposed to be made, and further indicating any changes in the building
area, front, rear or side yards that may be effected by such physical
change of the building or structure.
(2)
In the event that such addition or alteration shall
affect the requirements as to the building area, lot area, front,
rear and/or side yards, an application for the required variances
shall simultaneously be made to the Board of Appeals along with the
filing of the original application for the special building permit.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained,
or any building, structure or premises is used, in violation of this
chapter or of any regulations made pursuant thereto, in addition to
other remedies provided by law, any appropriate action or proceeding
may be instituted or taken to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
or to restrain, correct or abate such violation, or to prevent the
occupancy of said building, structure or premises, or to prevent any
illegal act, conduct, business or use in or about such premises.
[Amended 2-4-1999 by L. L. No. 1-1999; 7-22-2004 by L.L. No. 4-2004; 6-15-2023 by L.L. No. 2-2023]
Any person, association, estate, limited liability company, trust, firm or corporation or other entity which violates any provision of this Chapter 175 or assists in the violation of any provision of this Chapter 175, including but not limited to the owner, manager, person in control, real estate broker or agent, or officer or partner of the owner or applicant, who shall be guilty of a violation of this chapter as that term is defined in the New York Penal Law and which is punishable as follows:
A.
The first violation of this Chapter 175 within an eighteen-month period by the owner(s) and/or tenant(s) or manager, person in control, or agent shall be punishable by a fine of not less than $500 nor more than $1,000.
B.
The second violation of this Chapter 175 within an eighteen-month period shall be punishable by a fine of not less than $1,000 nor more than $2,500.
C.
The third violation of this Chapter 175 within an eighteen-month period shall be punishable by a fine of not less than $2,500 nor more than $3,500.
D.
Each day that a violation of this chapter should exist shall constitute
a separate violation of this chapter subject to a separate and additional
fine or penalty, whether or not an additional appearance ticket is
issued for that offense or violation.
E.
For the purpose of conferring jurisdiction upon courts and judicial
officers in general, violations of this chapter shall be deemed violations,
and, for such purpose only, all provisions of law relating to violations
shall apply. Each day's continued violation shall constitute
a separate additional violation, whether or not an additional appearance
ticket is issued for that offense or violation.
F.
A violation existing at the premises shall be a violation by the
owner, person in control, tenant, subtenant, and manager of the property
and the real estate broker that procured the sale, purchase or lease
of the property or unit or use. In the event that the property is
owned by a corporation, the officers and owners of the corporation
shall be responsible for the violation; in the event that the property
is owned by a trust, the trustees of the trust shall also be responsible
for the violation; and where the property is owned by a limited liability
company or entity, the members and managers of the limited liability
company shall be responsible for the violation.
G.
Where authorized by a duly adopted resolution of the Board of Trustees,
the Village Attorney may bring and maintain a civil proceeding, in
the name of the Village, in the Supreme Court, to permanently enjoin
the person or persons conducting, maintaining or permitting said violation
or for other relief as may be appropriate or to take such other civil
action as may be necessary to correct, prevent or remove a violation
or unsafe and hazardous condition. The owner, occupants and responsible
persons as identified in this Section of the property wherein the
violation is conducted, maintained or permitted may be made defendants
in the action. The commencement of a civil proceeding by the Village
shall not be deemed or construed to be a waiver by the Village of
the right to bring an action for prosecution or enforcement of the
violation and the fines and penalties under this section or as otherwise
may be applicable under the law, and the election of either a prosecution
or civil proceeding by the Village shall not be exclusive of any other
remedy. The Village shall be entitled to an award of all costs in
the proceeding, including but not limited to administrative, engineering,
filing, and other costs and legal fees, and to bring a separate action
for those costs as may be necessary.
H.
The Village shall have the right, after the determination by the
Building Inspector or Code Enforcement Official, or other appropriate
official or employee of the Village, that a dangerous, hazardous or
unsafe condition exists on a premises that is subject to this chapter,
after the expiration of 10 calendar days from the date of the mailing
of written notice to the owner and the occupant served by regular
and certified mail, return receipt requested, to enter the premises
and cure, correct or repair the dangerous, hazardous or unsafe condition,
and all costs and expenses associated with that action by the Village
(including administrative, engineering and professional fees in the
amount of 25% of the actual costs and expenses incurred in curing,
correcting or repairing the condition) shall be reimbursed by the
owner of the property to the Village, and in the event that the amount
has not been paid to the Village within 10 days of the date of billing,
the amount shall become a lien on the property and billable in the
next Village real estate tax bill for that property. The notice required
in this section shall not prejudice or affect any other right that
the Village may have under the law to address or remedy a dangerous,
hazardous or unsafe condition, including the right to immediately
enter the property to correct a condition that is an imminent danger
to life, property or public safety.
