ARTICLE IAdoption of Code (§ 1-1 — § 1-13)
ARTICLE IITerminology; Penalties (§ 1-14 — § 1-15)
§ 1-1Legislative intent.
§ 1-2Continuation of existing provisions.
§ 1-3Repeal of enactments not included in Code.
§ 1-4Enactments saved from repeal; matters not affected.
§ 1-6Copy of Code on file.
§ 1-7Amendments to Code.
§ 1-8Code book to be kept up-to-date.
§ 1-9Sale of Code book; supplementation.
§ 1-10Penalties for tampering with Code.
§ 1-11Changes in previously adopted legislation; new provisions.
§ 1-12Incorporation of provisions into Code.
§ 1-13When effective.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Spring Valley, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 255, together with an Appendix, shall be known collectively as the "Code of the Village of Spring Valley," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the Code of the Village of Spring Valley to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, Article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances, resolutions and the 1970 Code in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances, resolutions and 1970 Code and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance, resolution and 1970 Code. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Trustees of the Village of Spring Valley, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws, ordinances and 1970 Code as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
The 1970 Code and all local laws and ordinances of a general and permanent nature of the Village of Spring Valley in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.
The repeal of the 1970 Code, local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Spring Valley prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Spring Valley or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law, brought pursuant to any legislative provision of the Village of Spring Valley.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Spring Valley.
Any local law or ordinance of the Village of Spring Valley providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Spring Valley or any portion thereof.
Any local law or ordinance of the Village of Spring Valley appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Spring Valley or other instruments or evidence of the village's indebtedness.
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any legislation relating to salaries.
Any local law or ordinance amending the Zoning Map.
Vehicles and traffic schedules and any amendments thereto.
Any legislation adopted subsequent to 11-22-1994.
If any clause, sentence, paragraph, section, Article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, Article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Spring Valley and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Village Clerk of the Village of Spring Valley by impressing thereon the Seal of the Village of Spring Valley, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the Village of Spring Valley" or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable.
It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Spring Valley required to be filed in the office of the Village Clerk for use by the public. All changes in said Code and all local laws and resolutions adopted by the Board of Trustees subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws or resolutions until such changes, local laws or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code may be purchased from the Village Clerk of the Village of Spring Valley upon the payment of a fee to be set by resolution of the Board of Trustees, which Board may also arrange by resolution for procedures for the periodic supplementation thereof.
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Spring Valley or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Spring Valley to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than two hundred fifty dollars ($250.) or imprisonment for a term of not more than fifteen (15) days, or both.
In compiling and preparing the local laws, ordinances, resolutions and 1970 Code for publication as the Code of the Village of Spring Valley, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one (1) or more of said pieces of legislation. It is the intention of the Board of Trustees that all such changes be adopted as part of the Code as if the local laws, ordinances, resolutions and 1970 Code had been previously formally amended to read as such.
In addition, the following amendments and/or additions are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)
Throughout all chapters of the Code, generic references to "ordinance" are hereby changed to "local law," except that, where the term "local law" or "law" is already used, generic references to "ordinance" are hereby deleted.
Throughout Chapter 147, Housing Standards (Ch. 9 of the 1970 Code), all references to the Department of Housing are hereby changed to the Building Department; all references to the Superintendent of Housing are hereby changed to the Building Inspector; and all references to "multiple dwelling" are hereby changed to "multifamily dwelling."
Throughout Chapter 185, Plumbing (Ch. 14 of the 1970 Code), all references to the Plumbing Board of Competency are hereby changed to the Village Clerk.
Throughout Chapter 192, Property Maintenance (Ch. 9, Art. VII, of the 1970 Code), all references to "multiple dwellings" are hereby changed to "multifamily dwellings."
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Spring Valley, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
§ 1-14Word usage and definitions.
§ 1-15Penalties not exclusive.
In the construction of this Code and of all laws, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Village Board of Trustees:
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
Delegation of authority. Whenever a provision appears requiring the head of a department of the village to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the Village of Spring Valley" were added.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing.
Or; and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Tense. Words used in the past or present tense include the future as well as the past and present.
Village; corporation. Whenever the words "the village," "this village," "the corporation" or "this corporation" are used, they shall be construed as if the words "of Spring Valley, New York" followed them.
May; shall. "May" is permissive; "shall" is mandatory.
As used in this Code, the following terms shall have the meanings indicated:
- As applied to a building or land, shall include the superintendent of the building, the collector of rents, the manager of the building, the attorney of the owner or any person to whom tenants communicate with reference to the maintenance of services within such building.
- BOARD OF TRUSTEES
- The Board of Trustees of the Village of Spring Valley.
- CORPORATE LIMITS, CORPORATION LIMITS or VILLAGE LIMITS
- The legal boundary of the Village of Spring Valley.
- The County of Rockland in the State of New York.
- The Mayor of the Village of Spring Valley, and where a law or section shall direct that an act be performed or decision be made by the Mayor, such expression shall be deemed to include not only the Mayor, but the Acting Mayor, in the absence of the Mayor, or any member of the Board of Trustees designated by the Board or the Mayor to perform the act or exercise the discretion referred to; but this provision shall not be construed to authorize the Mayor or the Board to delegate any power or duty on the part of the Mayor to any other person except a member of the Board of Trustees of the village or except as otherwise provided by law.
- A calendar month.
- Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
- Persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee; and, as applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
- Shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
- PERSONAL PROPERTY
- Includes every species of property except real property, as herein described.
- A place or places.
- Includes real and personal property.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- The Village or Corporate Seal.
- Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
- SIGNATURE or SUBSCRIPTION
- Includes a mark when the person cannot write.
- The State of New York.
- Includes, but shall not be limited to, streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the village.
- TENANT or OCCUPANT
- As applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
- Any person elected or appointed to that office.
- VILLAGE BOARD
- The Board of Trustees of the Village of Spring Valley.
- Seven (7) days.
- WRITTEN or IN WRITING
- Includes any representation of words, letters or figures, whether by printing or otherwise.
Obedience to the provisions hereinafter set forth may be enforced by criminal information for the penalties herein prescribed in this Code as well as by prosecution of the offender or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this Code. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code nor a judgment in or the pendency of a civil action at law or in equity shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.