Lloyd Harbor City Zoning Code
ARTICLE XIV
Interpretation; Enforcement; Administration
§ 205-70 Interpretation.
[Amended 6-20-1977 by L.L. No. 2-1977]
This chapter shall be deemed to prescribe minimum requirements and is intended to impose strict liability as defined in the Penal Law. Except for the repeal of the Building Zone Ordinance,[1] this chapter shall not be deemed to amend, repeal or impair any requirement in any ordinance or law or in any deed restriction or covenant or in any other undertaking among private persons, but no provision in any such ordinance, law, restriction, covenant or undertaking shall be deemed to justify noncompliance with any provision of this chapter.
[1]
Editor's Note: The prior Zoning Ordinance of the Village of Lloyd Harbor, as last amended 7-25-1965, was repealed by the ordinance adopting this chapter.
§ 205-71 Enforcement.
[Amended 6-20-1977 by L.L. No. 2-1977; 11-21-1988 by L.L. No. 4-1988[1]]
It shall be the duty of the Building Inspector, the Code Enforcement Officer and the police and they hereby are given the authority to enforce the provisions of this chapter and issue appearance tickets for any violations they observe. The Building Inspector, the Code Enforcement Officer and the police in discharge of their duties shall have authority to enter any building or premises at any reasonable hour, in accordance with law.
§ 205-72 Penalties for offenses.
[Amended 6-20-1977 by L.L. No. 2-1977; 1-29-1986 by L.L. No. 3-1986]
A.
Any owner, lessee, contractor, agent or individual, whether a person, partnership or corporation, shall be guilty of an offense if he/she occupies, uses or maintains or causes or permits to be occupied, used or maintained or erects, enlarges, alters or converts or causes, or permits to be erected, enlarged, altered or converted any building, structure or part thereof on any land in the Village, except in conformity with the provisions of this chapter or a decision of the Board of Zoning Appeals or the Planning Board, or in any manner violates or allows, causes, permits, takes part in or assists in a violation of any provision of this chapter or of any regulation, order or ruling promulgated hereunder.
C.
A violation of two or more sections of this chapter or provisions within a section shall be separate and distinct offenses for which a fine may be levied.
D.
Each and every week that a violation exists or continues shall constitute a separate and distinct violation, conviction for which shall be an additional offense.
E.
Each violation of this chapter shall be punishable by:
(1)
A fine not to exceed $350 or a term of imprisonment not to exceed five days, or both, for a conviction of a first offense.
(2)
A fine not to exceed $700, but not less than $350, or a term of imprisonment not to exceed 10 days, or both, for the conviction of a second offense committed within five years of a prior offense.
(3)
A fine not to exceed $1,000, but not less than $700, or a term of imprisonment not to exceed 15 days, or both, for the conviction of a third or subsequent offense committed within five years of two prior offenses.
F.
If any person fails to abate any such violation of this chapter within five calendar days after written notice has been served personally upon said person or within 10 days after written notice has been sent to said person, by certified mail, at said person's home or business address, said person shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Village.
G.
Any violation of this chapter may be enjoined pursuant to law.
H.
The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law, including injunctive relief.
§ 205-73 Filing of plans required. [1]
No building shall be erected, enlarged or altered structurally unless the owner or lessee of the premises files or causes to be filed with the Building Inspector, before such erection, enlargement or alteration is commenced, a plan in duplicate, drawn to scale, showing the actual dimensions, monuments, radii and angles of the lot to be built upon, the exact size and location on the lot of the principal building and accessory buildings to be erected, enlarged or altered and such other information as may be reasonably necessary to determine compliance with the provisions of this chapter.
§ 205-74 Building permit required.
[Amended 11-21-1988 by L.L. No. 4-1988]
It shall be unlawful for any person to commence work for the erection or alteration of any building until a building permit has been duly issued therefor. A fee shall be paid to the Village by the applicant for a permit, at the time of submitting his/her application for a permit, in the amount required by resolution adopted by the Board of Trustees. No building permit shall be issued until the Building Inspector has certified that the proposed building or alteration complies with all provisions of this chapter.
§ 205-75 Certificates of occupancy and completion.
[Amended 11-21-1988 by L.L. No. 4-1988[1]]
It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter erected, altered, changed, converted or enlarged, wholly or partly, in its use or structure, until a certificate of occupancy or a certificate of completion therefor shall have been issued by the Building Inspector. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy or a certificate of completion as promptly as practicable after having determined that the building and premises and the proposed use thereof conform to all the requirements of this chapter.