Oyster Bay Cove City Zoning Code
ARTICLE X
Interpretation and Administration
§ 320-65 Interpretation.
This chapter shall be deemed to prescribe minimum requirements. Except for the amendments 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 of this chapter.
§ 320-66 Right of entry.
[Amended 7-24-2008 by L.L. No. 2-2008]
It shall be the duty of the Building Inspector, and he hereby is given the authority, to enforce the provisions of this chapter.
§ 320-67 Penalties for offenses.
[Amended 7-15-1986 by L.L. No. 1-1986]
A.
Any owner, lessee, contractor, agent or individual, whether a person, partnership or corporation shall be guilty of an offense if he 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 or any land in the Village except in conformity with the provisions of this chapter or a decision of the Board of Zoning Appeals or Planning Board, or 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.
A person convicted of an offense shall be guilty of a violation as defined in the Penal Law.
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 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:
[Amended 7-24-2008 by L.L. No. 2-2008]
(1)
A fine not to exceed $1,000, 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 $2,500, but not less than $1,000, or a term of imprisonment not to exceed 10 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 $5,000, but not less than $2,500, 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.
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.
§ 320-68 Cleanup of debris required prior to issuance of certificate of occupancy.
Where any plat or land has been cleared for the erection of any dwelling or other building or accessory structure thereon, no certificate of occupancy shall be issued by the Building Inspector until the removal from said premises, all stumps, limbs, tree trunks, tree branches or other debris accumulated or caused by said clearing operations.