Sands Point City Zoning Code
ARTICLE VIII
Penalties and Other Remedies
§ 176-67 Penalties for offenses.
[Amended 1-20-1986 by L.L. No. 2-1986; 9-22-1998 by L.L. No. 9-1998; 6-21-2016 by L.L. No. 8-2016; 11-21-2023 by L.L. No. 13-2023]
A.
A violation of any of the provisions of the Building Zone Ordinance of the Village by the owner, lessee, tenant, architect, builder, general agent, contractor, subcontractor, or any other person who knowingly commits, takes part, or assists in any such violation of a Building or premises, or who maintains any Building or premises in which such violation shall exist shall, upon conviction thereof, be subject to a fine not exceeding $10,000 for each violation, regardless of any convictions for prior violations.
[Amended 11-26-2024 by L.L. No. 20-2024]
B.
Each week's continued violation shall constitute a separate and distinct offense, for which separate and additional fines and punishment or civil penalties may be imposed and recovered.
C.
In the event the penalty sought is within the monetary jurisdiction of the Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the Village Attorney, be commenced in the appropriate court as a small claim action.
D.
The imposition of a penalty or fine as provided above or as specifically provided in any chapter of the Village Code or local law, ordinance, rule, or regulation of the Village shall be in addition to any injunctive or remedial relief for any civil penalty which is authorized under the laws of the Village, with the same force and effect as though provided for herein. Such penalty or fine shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.
[Amended 11-26-2024 by L.L. No. 20-2024]
§ 176-68 Other remedies.
[Amended 3-31-1998 by L.L. No. 3-1998;[1] 12-18-2023 by L.L. No. 16-2023; 11-26-2024 by L.L. No. 20-2024]
In case any Building or Structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any Building, Structure, or land is used, or any land is divided into lots, blocks, or sites in violation of this act or of any local law or other regulation or the terms of any resolution or order adopted by a Village board, made under authority conferred thereby, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, Alteration, repair, conversion, maintenance, use, or division of land to restrain, correct, or abate such violation, to prevent the occupancy of said Building, Structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises. All issues in any action or proceeding for any of the purposes herein stated shall have preference over all other civil actions and proceedings.
[1]
Editor's Note: This local law also provided for the Supersession of Village Law § 7-714, as follows:
"Pursuant to the authority set forth in Municipal Home Rule Law § 10(1)(ii) and the New York State Constitution, and in accordance with the New York State Court of Appeals' decision in Kamhi v. Town of Yorktown, 74 N.Y.2d 423, Village Law § 7-714 is hereby superseded and amended as it applies to the Village of Sands Point and § 176-68 of the Code of the Village of Sands Point is amended to read as follows:."
§ 176-68.1 Unauthorized Conditions.
[Added 11-21-2023 by L.L. No. 13-2023; amended 12-18-2023 by L.L. No. 16-2023; 11-26-2024 by L.L. No. 20-2024]
Unauthorized Conditions shall be authorized for approval, provided that a variance or a site plan modification is granted from the BZA to legalize the Unauthorized Conditions, or an amended building permit is approved by the Building Department in cases where a variance or a site plan modification is not required, and the following fees, costs, and penalties are paid:
A.
Square footage (Gross Floor Area). A Structure in excess of the maximum permitted shall be deemed authorized on the condition that the applicant pay additional permit fees of $250 per square foot.
B.
Setbacks. A Structure that has less than the minimum allowed setback shall be deemed authorized on the condition that the applicant pay additional permit fees of $10,000 per foot beyond the setback authorized.
C.
Sky plane. A Structure that penetrates the allowed sky plane and contains no height violation shall be deemed authorized on the condition that the applicant pay additional permit fees:
(1)
Between eight inches and one foot in sky plane penetration: $10,000.
(2)
Between one foot one inch and two feet 11 inches in sky plane penetration: $30,000.
(3)
Between three feet one inch and three feet 11 inches in sky plane penetration: $60,000.
(4)
Between four feet and four feet 11 inches in sky plane penetration: $100,000.
(5)
Between five feet and five feet 11 inches in sky plane penetration: $150,000.
D.
Height. A Structure that exceeds the allowed height shall be deemed authorized on the condition that the applicant pay additional permit fees of $5,000 per inch.
E.
Lot coverage. A parcel that exceeds the allowed lot coverage shall be deemed authorized on the condition that the applicant pay an additional permit fee of $150,000 per each percent of excess coverage.
F.
All measurement calculations are to be set by the Village and shall be rounded upward for purposes of permit fee costs.
G.
All fees, costs, and penalties are subject to change by resolution of the Village Board.