Muttontown City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 190-40 Interpretation.
This chapter shall be deemed to prescribe minimum requirements. Except for the amendment to the Building Zone Ordinance herein provided for, 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 in this chapter.
§ 190-41 Enforcement.
[Amended 8-9-1976 by L.L. No. 1-1976; 9-11-1978 by L.L. No. 3-1978]
The Building Inspector, the police or any other person duly authorized by the Board of Trustees shall have the duty, and he is hereby given the authority, to enforce the provisions of this chapter. The Building Inspector, the police or any other person authorized by the Board of Trustees shall have the authority to enter any building or premises at any reasonable hour in accordance with law to discharge his duties and to issue appearance tickets for violations of this chapter.
§ 190-42 Penalties for offenses.
[Amended 8-9-1976 by L.L. No. 1-1976; 2-10-1986 by L.L. No. 2-1986; 9-11-2000 by L.L. No. 3-2000; 4-14-2009 by L.L. No. 3-2009]
A.
Any owner, lessee, contractor, agent or individual, whether person, partnership or corporation, shall be guilty of an offense if he or she:
(1)
Occupies, uses or maintains or causes or permits to be occupied, used or maintained or erects, enlarges, alters or maintains or causes or permits to be erected, enlarged, altered, converted or maintained any building, structure or any part thereof or land in the Village except in conformity with the provisions of this chapter or a decision of the Zoning Board of Appeals or Planning Board; or
(2)
In any manner violates or allows, causes, permits, takes part or assists in a violation of any provision of this chapter or of any regulation, order or ruling promulgated hereunder.
B.
Without diminishing the responsibility of any other party, there shall be a rebuttable presumption that the owner on whose land any violation of this chapter shall occur, is a person responsible for performing or permitting the act complained of.
C.
A person convicted of an offense shall be guilty of a violation as defined in the Penal Law.
D.
Each violation of this chapter shall be punishable by:
(1)
A fine not to exceed $350, or a term of imprisonment not to exceed 15 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 15 days, or both, for the conviction of a second offense both of which were committed within a five-year period.
(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, all of which were committed within a five-year period.
E.
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.
F.
If any said 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 fine of $350 for each and every day that said violation continues.
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.
§ 190-43 Filing of plans and deposits.
[Amended 8-9-1976 by L.L. No. 1-1976; 9-11-1978 by L.L. No. 3-1978; 12-14-1981 by L.L. No. 3-1981]
A.
No building shall be erected, enlarged or altered structurally unless, in addition to compliance with the requirements of the New York State Uniform Fire Prevention and Building Code, 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, adequate drainage structures and facilities to reasonably eliminate drainage runoff onto adjacent property and such other information as may be reasonably necessary to determine compliance with the provisions of this chapter.
B.
If in the judgment of the Building Inspector the nature of the construction is such that it may cause the tracking of dirt, mud or debris onto any road in the Village by construction and supply vehicles or otherwise, no building permit shall be issued until there is deposited with the Village a cash sum as set forth in Chapter 67, Fees and Deposits, to insure that said roads are kept clean by the owner or lessee of the premises during the period of construction.
§ 190-44 Building permit.
[Amended 8-9-1976 by L.L. No. 1-1976; 1-10-1983 by L.L. No. 3-1983; 8-17-1983 by L.L. No. 5-1983]
A.
It shall be unlawful for any person to commence work for the erection or alteration of any building until a permit has been duly issued therefor. No permit shall be issued until the Building Inspector has certified that the proposed building or alteration complies with all provisions of this chapter and all deposits and fees have been paid. No building permit is required for a temporary storage shed, provided that it is less than 100 square feet in floor area. With regard to communication antennas which are used for the receiving and sending of communication signals, the Building Inspector may require that such structures shall be concealed by an enclosure in harmony with the architectural and aesthetic design of the structure on which they are located or concealed with appropriate screen planting to the satisfaction of the Building Inspector so as not to be visible from adjoining properties.
B.
The Building Inspector shall not issue a building permit without obtaining from the applicant either:
[Amended 9-11-2000 by L.L. No. 3-2000]
(1)
Proof duly subscribed that workers' compensation insurance and disability benefits coverage issued by an insurance carrier in a form satisfactory to the Chair of the Workers' Compensation Board as provided for in § 57 of the Workers' Compensation Law is effective; or
(2)
An affidavit that such applicant has not engaged an employer or any employees as those terms are defined in § 2 of the Workers' Compensation Law to perform work relating to such building permit.
§ 190-45 Certificate of occupancy.
[Amended 9-8-2003 by L.L. No. 5-2003]
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter erected, changed, converted or enlarged, wholly or partly, in its use or structure (but not including the making of minor alterations in such building) until a certificate of occupancy 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, including the completion of all drainage, grading and landscaping shown on the approved site plan or submission of a performance bond or other security under Chapter 144, Site Plan Review, of the Code of the Village of Muttontown insuring satisfactory completion. It shall be the duty of the Building Inspector to issue a certificate of occupancy as promptly as practicable and in any case within 10 days after an application for such certificate shall have been filed in his office by any owner, after having determined that the building and premises and the proposed use thereof conform to all the requirements of this chapter and of the New York State Uniform Fire Prevention and Building Code.
§ 190-46 Permit fees.
[Amended 11-16-1969 by L.L. No. 1-1969]
Applicants for the issuance of building permits or special use permits shall pay to the Village fees as shall be required by Chapter 67, Fees and Deposits.
§ 190-47 Amendments.
The Board of Trustees may from time to time, either on its own motion or on petition after public notice and hearing, amend, supplement, change, modify or repeal the regulations, restrictions and boundaries herein established pursuant to the provisions of the Village Law of the State of New York, as amended from time to time.