Floral Park City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 99-57 Enforcement.
A.
Enforcement Officer. This chapter shall be enforced by the Enforcement Officers designated by the Board of Trustees in Chapter 9 of this Municipal Code 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, said Superintendent, the Code Enforcement Officer 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. Said Superintendent 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 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 Board of Appeals, purporting to validate any such violation.
§ 99-58 Building permits.
[Amended 6-25-2002 by L.L. No. 2-2002; 11-21-2006 by L.L. No. 12-2006]
A.
Permit required; exceptions.
(1)
Except as otherwise provided in Subsection A(2) of this section, a building permit shall be required for any work, which must conform to the New York State Uniform Fire Prevention and Building Code ("New York State Uniform Code") and this Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof or the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit approved by the Superintendent of Buildings.
(2)
Exemptions. No building permit shall be required for work in any of the following categories:
(a)
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet;
(b)
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(c)
Construction of temporary motion-picture, television or theater stage sets and scenery;
(d)
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(e)
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(f)
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(g)
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(h)
Repairs, provided that such repairs do not involve:
[1]
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
[2]
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
[3]
The enlargement, alteration, replacement or relocation of any building system; or
[4]
The removal from service of all or part of a fire-protection system for any period of time.
B.
Every application for a building permit shall be in triplicate and sworn to by the applicant authorized, in writing, by the owner and shall be filed with the Superintendent of Buildings accompanied by an existing survey. The application shall include or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in accordance with the provisions of the New York State Uniform Code; and
(5)
At least three sets of construction documents (drawings and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply with the New York State Uniform Code and this Code; and
(e)
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
C.
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection B(5) of this section. Construction documents which are accepted as part of an application for a building permit shall be marked as accepted by the Superintendent of Buildings in writing or by stamp at permit issuance. Two sets of the accepted construction documents shall be retained by the Superintendent of Buildings, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Department. Work shall not be commenced unless and until a building permit is issued.
D.
Said plan for any building or structure and said plot plan shall be drawn to scale by an architect or professional engineer licensed to practice in the State of New York and his seal affixed thereto; provided, however, that said plan for any building or structure and said plot plan need not be drawn by such an architect or engineer if the application is for a permit for the alteration or extension of a building or structure and the Superintendent of Buildings finds and so endorses on the plan for such building or structure and the plot plan, that the proposed construction would not affect the structural safety of the building or the safety of the occupants thereof.
E.
Said plan for such building or structure and said plot plan shall show exactly the following:
(1)
The lines, angles and dimensions of the lot.
(2)
The location and dimensions of any existing building or structure, including any porch or accessory building on the lot.
(3)
The lines within which any proposed building or structure, including any porch or accessory building, is to be erected, showing all setback lines.
(4)
The existing and intended use of each building or structure or part thereof, including the number of dwelling units.
(5)
The location, dimensions, surfacing and grades of any existing and proposed automobile parking area and spaces.
(6)
The location, widths, grades and surfacing of existing and proposed driveways leading to such parking area and spaces.
(7)
Such other information as may be prescribed as necessary by the Superintendent of Buildings for proper determination and enforcement.
F.
All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Superintendent of Buildings of any change occurring during the course of the work. The building permit shall contain such a directive. If the Superintendent of Buildings determines that such change warrants a new or amended building permit, such change shall not be made unless and until a new or amended building permit reflecting such change is issued.
G.
At all times while the work is in progress, the building permit shall be attached to or visibly displayed on the front door or a front window of the building or structure.
H.
No building or structure shall be occupied prior to the issuance of a certificate of occupancy therefor; nor for a purpose other than set forth in the certificate of occupancy therefor.
I.
Before a building permit can be issued, the contractor must submit a license application to and in such form as is required by the Superintendent of Buildings, together with proof of general liability/worker's compensation insurance, as well as confirmation that the contractor is duly licensed by the Nassau County Department of Consumer Affairs. At the time of the initial application, the contractor shall pay a license fee of $50 and $25 for each renewal thereafter.
J.
Revocation or suspension of building permits. If the Superintendent of Buildings determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the New York State Uniform Code or this Code, the Superintendent of Buildings shall revoke or suspend such building permit until such time as the permit holder demonstrates that:
§ 99-59 Certificates of occupancy; certificates of completion.
[Amended 11-21-2006 by L.L. No. 12-2006]
A.
A certificate of occupancy, certifying compliance with this Code, shall be required before any building or structure shall be occupied or used. A certificate of completion, certifying compliance with this Code, shall be required before any additions to a building or structure shall be occupied or used. Such certificate shall be issued only after approval by the Superintendent of Buildings, prior to any of the following:
B.
Written application for a certificate of occupancy shall be made to the Superintendent of Buildings by an applicant authorized, in writing, by the owner. If the proposed use is in all respects in conformity with the provisions of this chapter and all other applicable laws and ordinances, said certificate shall be issued by the Superintendent of Buildings.
(1)
Written application for such certificate for a building shall be made at the same time as the application for the building permit for such building.
(2)
Temporary certificate. The Superintendent of Buildings shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Superintendent of Buildings issue a temporary certificate unless the Superintendent of Buildings determines a) that the building, structure or the portion thereof covered by the temporary certificate may be occupied safely; b) that any fire- and smoke-detecting or fire-protection equipment which has been installed is operational; and c) that all required means of egress from the building or structure have been provided. The Superintendent of Buildings may include in a temporary certificate such terms and conditions as are necessary or appropriate to ensure safety or to further the purposes and intent of this Code and the New York State Uniform Code. A temporary certificate shall be effective for a period of time not to exceed three months, which shall be determined by the Superintendent of Buildings and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the New York State Uniform Code and this Code.
C.
The Superintendent of Buildings shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of completion. In addition, where applicable, the following documents, prepared in accordance with the provisions of the New York State Uniform Code and this Code by such person or persons as may be designated by or otherwise acceptable to the Superintendent of Buildings, at the expense of the applicant for the certificate of occupancy or certificate of completion, shall be provided to the Superintendent of Buildings prior to the issuance of the certificate of occupancy or certificate of completion:
D.
No certificate of occupancy or certificate of completion shall be deemed to validate any violation of any provisions of this Code or any other law or ordinance.
E.
Upon serving a notice of violation, as provided in this Code, any existing certificate of occupancy for any building, structure or land, or the use thereof, shall thereupon become null and void and a new certificate of occupancy in conformity with this chapter shall be required for any further use of such building, structure or land.
F.
Any building permit, certificate of occupancy, certificate of completion or other authorization issued under the terms of this article shall become null and void unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months from the date of issuance, whereupon a new permit, certificate or authorization shall be required, new fees paid and the new application shall be approved by the Superintendent of Buildings. If an applicant fails to file for a building permit within six months after receiving approval from the Architectural Review Board, said approval by the Architectural Review Board shall be null and void.
G.
If the Superintendent of Buildings determines that a certificate of occupancy, certificate of completion or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Superintendent of Buildings within such period of time as shall be specified by the Superintendent of Buildings, the Superintendent of Buildings shall revoke or suspend such certificate.
§ 99-60 Special permit uses (Board of Trustees).
A.
Applications for special permits.
(1)
Where a special permit is required by any provision of this chapter, an application for such permit shall be made to the Board of Trustees unless otherwise provided in this chapter.
(2)
Application. Any application for a special permit shall be made in writing and contain such information and be in such form as may be required by the Board of Trustees.
(3)
Applicant. An application for a special permit shall be made only by the owner of the property involved or by an agent authorized, in writing, by the owner or by a person, firm or corporation under bona fide contract to purchase the same.
B.
Public hearing. Before any decision on or authorization of a special permit, the Board of Trustees shall hold a public hearing after due notice. The applicant or shall be required to provide notice of the hearing upon a form approved by the Board of Trustees to all record land owners within a two-hundred-foot radius of the property which forms the subject of the application as said record owners appear on the most current tax rolls of the Nassau County Assessor's Office. Such notice shall be sent to the record land owners by certified mail, return receipt requested, not less than 15 days nor more than 30 days before the public hearing. Evidence of compliance with this section shall be provided by the applicant prior to or at the public hearing. In addition, the Village Clerk shall publish notice of the hearing not less than 10 days prior to the hearing date.
C.
Standards. The Board of Trustees, in its consideration of and decision on an application for a special permit, shall be guided by, among other factors, the following standards and considerations:
(1)
The purposes of zoning set forth in the Village Law of the State of New York.
(2)
That the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties, the neighborhood and the Village.
(3)
That the proposed use is or will be necessary or desirable to the neighborhood or Village in that it will provide a service, facility or convenience or otherwise contribute to the proper growth and development of the community and to its general welfare.
(4)
That the proposed use shall not be hazardous, inconvenient, conflicting or incongruous to the surroundings, neighborhood or Village by reason of excessive traffic, assembly of persons or vehicles, proximity to normal travel routes or congregation of children or pedestrians.
(5)
That the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it will not be hazardous or inconvenient to the residential character of the neighborhood or conflict with the normal traffic on the residential streets.
(6)
That the proposed use, site layout, location, heights, signs, walls, fences and landscaping will not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.
(7)
That the proposed use, site layout, location, size or operation will not be objectionable to nearby dwellings by reason of noise, lights or other factors of impact.
(8)
That the proposed use, location, size, site layout and nature of use will be a harmonious part of the district in which it is to be situated.
(9)
That the location and size of the use, the nature and intensity of the operations in or conducted in connection with it, its site layout and its relation to streets giving access to it will be such that vehicular traffic will not be more hazardous than the normal traffic of the district, taking into account such factors as street intersections, traffic flow, sight distances and pedestrian traffic.
D.
Authority.
(1)
The Board of Trustees, pursuant to this article, may authorize a special permit and, furthermore, may impose such conditions, modifications and safeguards as it deems appropriate, necessary or desirable to preserve the intent of this chapter.
(2)
The Board of Trustees shall not authorize any special permit for any use or purpose that is not specifically permitted in this chapter.
(3)
Any decision with regard to an application for a special permit shall be by a resolution of the Board of Trustees and shall include a statement of the reasons therefor.
(4)
The Board of Trustees may make such rules as it deems appropriate for implementing this article.
(5)
In conjunction with its consideration of an application for a special permit, the Board of Trustees may vary the provisions of this chapter relative to the Schedule of Regulations referenced in § 99-6 of this chapter.[1] The variance granted shall be directly and materially related to the application under consideration before the Board of Trustees and shall not exceed a reduction in excess of 15% of the standard sought to be varied. An application for such variance by the Board of Trustees shall be subject to the notice provisions of § 99-61C(8) of this chapter.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
E.
Filing of decision and notice. The decision of the Board of Trustees on the application shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, with a copy thereof mailed to the applicant.
F.
Revocation of special permit. Any special permit granted pursuant to this chapter shall be revocable on the order of the Board of Trustees at any time upon the failure of the owner or operator of the use or structure covered by the special permit to observe all requirements of this chapter with respect to the maintenance and conduct of the use or structure or upon failure to observe all conditions in connection with such special permit which was designated by the Board of Trustees issuing the same. Prior to revoking any such special permit, the Board of Trustees shall give the holder of the special permit at least 10 days' written notice of violation. If within such 10 days the special permit holder so requests, the Board of Trustees shall hold a hearing on the revocation of such special permit and shall give the applicant for the hearing at least 10 days' written notice thereof either by certified mail, return receipt requested, or by personal service. In the event that a public hearing shall be held, notice to all records land owners within a two-hundred-foot radius of the subject premises shall be given as prescribed in Subsection B of this section. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations of the provisions of this chapter or of the conditions of the special permit. The violation of any condition imposed by the Board of Trustees as part of a special permit shall constitute a violation of this chapter.
G.
Expiration, lapse, extension and reinstatement of special permit. Any special permit granted pursuant to this chapter shall automatically expire and be of no further force and effect six months after the granting thereof unless, within such six month period, substantial construction shall have been commenced. Such construction must be completed within one year of the date of commencement of substantial construction. The Board of Trustees shall be authorized, upon application and without hearing, to grant extensions of the special permit for periods not to exceed six months in duration or to reinstate a lapsed special permit for good cause shown.
H.
Extinguishment of special permit. Whenever a use established pursuant to a special permit shall have been abandoned for a term of six-months, or whenever the location of such a use is substantially destroyed, the land, building or structure in which said use shall have existed shall not thereafter be used for the previously established special use. Such six-month period of abandonment may be discontinued only by 30 or more consecutive business days of operation. A use shall be "substantially destroyed" if the cost to repair and replace the structure exceeds 50% of the current structural replacement value thereof.
I.
Reimbursable expenses. No special permit shall be issued pursuant to the provisions of this article until all expenses incurred by the Board of Trustees for consultation fees (including engineering, architectural and legal) or other extraordinary expenses in connection with the review of the application are reimbursed to the Village by the applicant. At the time of application, the applicant shall deposit with the Village Clerk such amount to cover consultation fees and extraordinary expenses as shall be established, from time to time, by resolution of the Board of Trustees. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Board of Trustees.
J.
Fees. Application for any permit or renewal thereof required to be issued by the Board of Trustees shall be accompanied by a fee and deposit in accordance with § 99-62 of this chapter. The payment of any fee or deposit in connection with the application shall be a condition precedent to the acceptance of the application.
§ 99-61 Zoning Board of Appeals.
A.
Organization and membership. There shall be a Zoning Board of Appeals in accordance with the provisions of the Village Law of the State of New York. Said Board shall consist of five members and shall be appointed as provided by statute.
B.
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the said Board that is conferred by law.
(1)
Interpretation: upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2)
Variances.
(a)
Use variances.
[1]
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant use variances, as defined herein.
[2]
"Use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
[3]
No such use variance shall be granted by a Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located, the applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence; that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; that the requested use variance, if granted, will not alter the essential character of the neighborhood; and that the alleged hardship has not been self-created.
[4]
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(b)
Area variances.
[1]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such local law, to grant area variances as defined herein.
[2]
"Area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
[3]
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider: whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; whether the requested area variance is substantial; whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[4]
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the Zoning Local Law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. The violation of any condition imposed by the Zoning Board as part of a variance grant shall be a violation of this chapter.
(4)
Revocation of variances. Any variances granted pursuant to this chapter shall be revocable on the order of the Zoning Board of Appeals at any time upon the failure of the owner or operator of the use or structure covered by the variance to observe all requirements of this chapter with respect to the maintenance and conduct of the use or structure or upon the failure to observe all conditions in connection with such variance which was designated by the Zoning Board of Appeals in issuing the same. Prior to revoking any such variance, the Zoning Board of Appeals shall give the holder of the variance at least 10 days' written notice of violation. If within such 10 days the variance holder so requests, the Zoning Board of Appeals shall hold a hearing on the revocation of such variance and shall give the applicant for the hearing at least 10 days' written notice thereof either by certified mail, return receipt requested, or by personal service. In the event that a public hearing shall be held, notice to all records land owners within a two-hundred-foot radius of the subject premises shall be given as prescribed by Subsection C(8) of this Section. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations of the provisions of this chapter.
(5)
Expiration, lapse, extension and reinstatement of variance. Any variance granted pursuant to this chapter shall automatically expire and be of no further force and effect six months after the granting thereof unless, within such six month period, substantial construction shall have been commenced. Such construction must be completed within one year of the date of commencement of substantial construction. The Zoning Board of Appeals shall be authorized, upon application and without hearing, to grant extensions of the variance for periods not to exceed six months in duration or to reinstate a lapsed variance for good cause shown.
(6)
Extinguishment of variance. Whenever a use established pursuant to a variance shall have been abandoned for a term of six months, or whenever the location of such use substantially destroyed, the land, building or structure in which said use shall have existed shall not thereafter be used for the previously established use. Such six-month period of abandonment may be discontinued only by 30 or more consecutive business days of operation. A structure shall be "substantially destroyed" if the cost to repair and replace the said structure exceeds 50% of the current structural replacement value thereof.
(7)
Other powers and duties. The Zoning Board of Appeals shall have such other powers, duties and jurisdictions as shall be set forth elsewhere in this chapter.
C.
Procedure.
(1)
All appeals and applications made to the Board of Appeals shall be in writing on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case. It shall refer to the specific provision of the chapter that is involved and shall exactly set forth, as the case may be, the interpretation that is claimed on an allegation of error or the variance that is applied for and the grounds on which it is claimed that the same should be granted or the use for which the permit for a special exception is sought or the purpose for which any other permit is sought. The Clerk of the Zoning Board shall not receive nor shall the Board consider any appeal or application that does not fully contain the information required herein.
(2)
Any further proposal by the applicant or appellant in respect to either any addition to or modification of the content of the proposal covered by the application or appeal or any offer made in connection therewith shall be made only in the form of an amended application or appeal. The filing of any such amended application or appeal shall terminate all proceedings on the original application or appeal and shall require the holding of a new hearing, of which notice shall be given as in the first instance.
(3)
Meetings, minutes, records. Meetings of such Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
(4)
Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Village Clerk within five business days of the action taken, and a copy thereof shall be mailed to the applicant and shall be a public record.
(5)
Assistance to Zoning Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board of Trustees. Such department, agency or employee may be reimbursed by the applicant or appellant for any expenses incurred a result of such assistance.
(6)
Hearing appeals. Unless otherwise provided by local law, the jurisdiction of the Zoning Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any local law adopted pursuant to this article. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Village other than the Board of Trustees.
(7)
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such local law by filing with such administrative official and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(8)
Notice. The applicant or appellant shall be required to provide notice of the hearing upon a form approved by the Zoning Board of Appeals to all record land owners within a two-hundred-foot radius of the property which forms the subject of the appeal or application as said record owners appear on the most current tax rolls of the Nassau County Assessor's Office. Such notice shall be sent to the record land owners by certified mail, return receipt requested, not less than 15 days nor more than 30 days before the public hearing. Evidence of compliance with this section shall be provided by the appellant or applicant prior to or at the public hearing. In addition, the Secretary of the Zoning Board of Appeals shall publish notice of the hearing not less than 10 days prior to the hearing date. With respect to applications for a variance of § 99-13B(1) (residential fences) and § 99-16N (residential parking special exception) only, notice as aforesaid shall be required only to the record land owners of lots contiguous to the property of the applicant or appellant.
[Amended 11-19-2002 by L.L. No. 12-2002]
(9)
Reimbursable expenses. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Zoning Board of Appeals.
(10)
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of such local law, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
(11)
Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(12)
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
§ 99-62 Fees and deposits.
[Amended 11-21-2006 by L.L. No. 12-2006]
Fees and deposits for various permits, licenses and proceedings authorized by this Code shall be in the amounts set forth on the Schedule of Fees on file with the Village, which Schedule may be amended from time to time by resolution of the Board of Trustees.
§ 99-63 Violations and penalties.
[Amended 7-25-2000 by L.L. No. 5-2000; 11-21-2006 by L.L. No. 12-2006]
A.
Authority. In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained, or any building, structure, land or premises is used in violation of this chapter or any regulation or requirement made pursuant thereto, or under authority conferred thereby, in addition to other lawful remedies, the Board of Trustees or, with their approval, the Superintendent of Buildings may, pursuant to § 7-714 of the Village Law, institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, land or premises or to prevent any illegal act, conduct, business or use in or about such premises.
B.
Discovery of violation. The Superintendent of Buildings shall determine the existence of violations of this chapter through such investigations as shall be conducted pursuant to the issuance of building permits and certificates of occupancy and through the prompt investigation of such written and signed complaints as are filed with the Building Department by persons having reason to believe that such violations exist. The Superintendent of Buildings may also determine the existence of such violations by means of investigations conducted at his or her own initiative.
C.
Procedure for abatement of violations.
(1)
Notice of violation. Upon finding a violation of the provisions of this chapter, the Superintendent of Buildings shall serve written notice, either by personal service or certified mail, addressed to the premises of such violation, on the person committing or permitting such violation or on the owner of the property. Such notice shall specify the nature of such violations as exist and specify a reasonable time limit of not less than five days in which compliance shall be achieved.
(2)
Legal action. The Superintendent of Buildings shall, upon failure of the responsible party to comply with a violation order within the specified time, refer the matter to the Board of Trustees so that the Board of Trustees may, by resolution, direct the Village Attorney to undertake appropriate legal action against such party.
(3)
The Superintendent of Buildings and each Inspector are authorized to issue appearance tickets for any violation of the New York State Uniform Code or this Code.
D.
Penalties for violation. 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, move or demolish any structure not in conformity with any 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 in violation of the provisions of any building permit (including a variance grant or special use permit) or without a building permit or certificate of occupancy where one is required by this chapter, shall be guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed fifteen 15 days, or both. Each week during which a condition, building, structure or use prohibited by this chapter or any requirement or regulation made pursuant thereto (including the violation of a condition imposed as part of a variance grant or as part of a special permit issuance, the violation of which shall be a violation of this chapter) continues or is maintained shall constitute a separate additional violation.
E.
Injunctive relief. An action of proceeding may be instituted in the name of this Village in a court of competent jurisdiction to prevent, restrain, enjoin, correct or abate any violation of or to enforce any provision of the New York State Uniform Code, this Code, stop-work order, compliance order or other notice or order obtained by the Superintendent of Buildings pursuant to any provision of this law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation or any provision of the New York State Uniform Code, this Code or any applicable law, an action or proceeding may be commenced in the name of this Village in the Nassau County Supreme Court or in any other court having the requisite jurisdiction to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Board of Trustees of this Village.
F.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy available to address any violation described in this section. Each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section or in any other section of this Code or any other law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section or in any other section of this Code or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 381 of the Executive Law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 381 of the Executive Law.
§ 99-64 Illegal dwelling units in residential districts.
Notwithstanding the provisions of § 99-63, any person, whether as owner, lessee, principal, agent, employee or otherwise, who uses any building, structure or land in a residential district for an illegal dwelling unit shall be liable for the following penalties: a fine not exceeding $1,000 or imprisonment for a term not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week during which a condition, building, structure or use prohibited by this chapter or any requirement or regulation made pursuant thereto (including the violation of a condition imposed as part of a variance grant or part of a special permit issuance, the violation of which shall be a violation of this chapter) continues or is maintained shall constitute a separate additional violation.
§ 99-65 Amendments.
The Board of Trustees may from time to time on its own motion, or on petition after such public notice and hearing as required by the Village Law, amend, supplement or change the regulations and districts herein established, in accordance with the Village Law and other applicable laws.