East Rockaway City Zoning Code
ARTICLE XV
Enforcement
§ 288-121 Compliance required to issue any permit or certificate.
[Amended 12-11-2006 by L.L. No. 13-2006]
No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure, or for any use or occupancy of any building or land that would not be in full compliance with the provisions of this chapter, Chapter 101, Building Construction, the New York State Uniform Fire Prevention and Building Code and/or any other applicable provisions of the Code of the Village of East Rockaway.Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter, Chapter 101, Building Construction, the New York State Uniform Fire Prevention and Building Code and/or any other applicable provisions of the Code of the Village of East Rockaway shall be null and void and of no effect, without the necessity of any proceedings for revocation or nullification thereof.
§ 288-122 Unlawful actions.
[Added 12-11-2006 by L.L. No. 13-2006]
It shall be unlawful for any person to erect, construct, alter, enlarge, convert, maintain or use any building or structure, or to use or permit the use or occupancy of any building, structure or land, in violation of the provisions of this chapter, Chapter 101, Building Construction, the New York State Uniform Fire Prevention and Building Code and/or any other applicable provisions of the Code of the Village of East Rockaway.
§ 288-123 Superintendent of Construction to enforce..
[Amended 1-28-2013 by L.L. No. 3-2013; 5-13-2019 by L.L. No. 4-2019]
This chapter shall be enforced by the Superintendent of Construction. In connection with any inspection necessary to enforce this chapter, the Superintendent of Construction may impose on and collect from the property owner a fee in an amount established from time to time by resolution of the Board of Trustees.
§ 288-124 Effect of hearings on amendments.
Whenever the Village Board of Trustees, by resolution, authorizes a public hearing on a proposed amendment to this chapter and for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged or altered, and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.
§ 288-125 Remedies and penalties for offenses.
[Amended 11-14-2005 by L.L. No. 16-2005]
A.
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 requirement or condition imposed by the Board of Trustees or Board of Appeals in connection with the grant of a special permit, special exception, variance or site plan, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation and to prevent the occupancy of said building, structure or use in or about such premises.
B.
For any and every violation of the provisions of this chapter or of any requirement or condition imposed by the Board of Trustees or Board of Appeals in connection with the grant of a special permit, special exception, variance or site plan, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist and the lessee or tenant of any entire building or entire premises where such violations have been committed or shall exist or 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 and the general agent, architect, builder or contractor or any other person who takes part or assists in any such violation or who maintains a building or premises in which any violation shall exist shall be guilty of a violation as defined in the Penal Law of the State of New York, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for a first violation; for a second violation, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent violation, all of which were committed within a period of five years, punishable 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, for each such third or subsequent violation. Each week's continued violation shall constitute a separate additional violation.
C.
Notwithstanding any provision of this chapter inconsistent herewith, for any and every violation of this chapter involving a nonpermitted occupancy of a one- or two-family dwelling, the owner of the subject property at the time of the violation and any other person who takes part or assists in any such violation shall be guilty of a violation as defined in the Penal Law of the State of New York, punishable by a fine of not less than $3,500 for the first violation; and by a fine of not less than $2,000 for a second and any subsequent violation committed within a period of five years. Each week's continued violation shall constitute a separate additional violation.
D.
Prosecutions for violations of this chapter may be instituted in the Village Justice Court or in the District Court of the County of Nassau.
E.
The Village Attorney may, upon the direction of the Board of Trustees, institute an action in the Supreme Court of the State of New York for appropriate relief where it appears under the circumstances that the imposition of a fine alone would not be adequate.
F.
The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
§ 288-126 Nonpermitted occupancy of single- and two-family dwellings; rebuttable presumptions.
[Added 11-14-2005 by L.L. No. 16-2005[1]; amended 12-10-2018 by L.L. No. 2-2018; 4-8-2019 by L.L. No. 3-2019]
A.
Rebuttable presumptions relating to illegal occupancy prosecutions. In all civil and criminal prosecutions brought for the enforcement of this chapter with respect to nonpermitted occupancy of single- and two-family dwellings, the following rebuttable presumptions shall apply:
(1)
That any dwelling which maintains more than one gas meter, or more than one electric meter, or more than one water meter is being used as the residence of two or more families.
(2)
That any dwelling which maintains more than two gas meters, or more than two electric meters, or more than two water meters is being used as the residence of three or more families.
(3)
That a single-family dwelling which maintains any entrance(s) thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of two or more families.
(4)
That a two-family dwelling which maintains any third or additional entrances thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of three or more families.
(5)
That a dwelling which has been advertised in any newspaper, magazine or local advertising publication as being available for sale or rent, which advertisement essentially provides that such dwelling contains more than one separate living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the number of rooms for rent, units or families stated in such advertisement.
(6)
That a dwelling is being used as the residence of more than one family where there exist permanent partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including, but not limited to, bedrooms, or the inability of any person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit.
(7)
That a dwelling is being used as the residence of more than one family if any two or more of the following are found to exist: more than one mailbox, mail slot or post office address; more than one doorbell; a written lease or leases, or oral rental agreements, or the payment of rent, for a portion of the dwelling; a separate exterior entrance to a cellar or basement; three or more vehicles registered to the dwelling where each of the owners of the vehicles have different surnames; utilities, such as telephone, television, electric or water services, are billed to two or more persons with different surnames.
B.
The presumption raised by proof of the existence of any such conditions as set forth in Subsection A herein may only be rebutted by conclusive evidence that such conditions do not, in fact, exist or that such conditions, in fact, comply with this chapter.
C.
A person charged with a violation of this chapter involving a nonpermitted occupancy of a one- or two-family dwelling based upon a presumption under this section may demand an inspection by the Department of Buildings of the subject premises to rebut such presumption. Such demand shall be in writing addressed to the Department of Buildings and shall be accompanied by a nonrefundable fee of $125 to defray the cost of such inspection. The Building Department inspector shall prepare a report of the findings of the inspection together with photographs, if appropriate.
D.
If any provision of § 288-126A shall be determined to be unconstitutional or otherwise unenforceable, it shall not affect the constitutionality or enforceability of the remaining provisions.
E.
Nothing in this section shall be construed as lessening or modifying any other rights or prerogatives of the Superintendent of Buildings or a Village Building Inspector in the enforcement of the terms of this chapter.[2]
[2]
Editor's Note: Former § 288-103, Remedies nonexclusive, which immediately followed this section, was repealed 11-14-2005 by L.L. No. 16-2005.