Nissequogue City Zoning Code
ARTICLE VII
Enforcement
§ 128-50 Consistency with building provisions; Mayor to enforce.
The provisions of this chapter shall be carried out in a manner consistent with Chapter 51, Building Construction and Fire Prevention, and shall be enforced by the Mayor of the Village in accordance with the provisions of the Village Law of the State of New York.
§ 128-51 Penalties for offenses.
A.
Any owner, lessee, tenant, occupant, architect or builder or the agent of any of them, who violates or is accessory to the violation of any provisions of this chapter or who fails to comply with any of the requirements thereof or who erects, constructs, alters, enlarges, converts, moves or uses any building or land in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter, shall be deemed to be a disorderly person and, on conviction, shall be subject to a fine of not more than $200 for each such violation.
B.
If any person fails to abate any violation within five calendar days after written notice has been served personally upon him, or within 10 days after written notice has been sent to him by registered mail at his home or business address, or by posting such notice in a conspicuous place on any building or structure at any premises which are in violation of any of the provisions of this chapter, the Building Inspector may revoke any building permit or certificate of occupancy for any building or structure on the premises on which such violation occurs, and such person shall be subject to a civil penalty of not more than $200 for each and every day that said violation continues, recoverable by suit brought by the Village and retained by it, and shall be deemed to be a disorderly person.
§ 128-52 Additional remedies.
Any building which is erected, constructed, altered, enlarged, converted, demolished, moved or removed, or which is used contrary to any of the provisions of this chapter, shall be deemed to be an unlawful structure, and any land or building which is operated or maintained contrary to any of the provisions of this chapter shall be deemed to be an unlawful use, and the same are hereby declared to be violations of this chapter. The proper Village authorities may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any such erection, construction, alteration, enlargement, conversion or use which is in violation of any of the provisions of this chapter.
§ 128-53 Full compliance required.
No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization, including special permits by the Village Board, for any construction, reconstruction, alteration, enlargement or moving of any building, or for any use of land or building that would not be in full compliance with the provisions of this chapter, unless a variance shall have been duly granted by the Board of Appeals therefor.
§ 128-54 Authorizations issued in violation of provisions.
Any permit, license, certificate or other authorization issued, granted or approved in violation 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 or certificate or authorization shall be unlawful.[1]