Village of Great Neck, NY Chapter 14 Board Action

[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck 9-17-2002 by L.L. No. 17-2002 (Ch. 5 of the 1976 Code). Amendments noted where applicable.]

§ 14-1 General Construction Law § 41 superseded.

Pursuant to the provisions of Article IX of the New York State Constitution and Subdivision 1(ii) of § 10 of the Municipal Home Rule Law, § 41 of the General Construction Law, and all other laws which may be to the contrary, are hereby superseded to the extent necessary, in order to implement the provisions of § 14-2.

§ 14-2 Concurring vote of majority required.

A. No board, committee, commission, or other body of the Village of Great Neck shall take any action, whether it be to grant, grant with conditions, deny, deny with conditions, modify, or otherwise, with regard to any application or matter before it, except with the concurring vote of a majority of the members of such body. The foregoing shall not prevent the chairperson, or other member acting in lieu thereof, from adjourning an application or other matter until such a concurring vote may be obtained.

B. This section shall not supersede any law of general application which requires a greater number than the concurring vote of a majority of the members of such body for certain actions or under certain circumstances.

§ 14-3 Withholding processing of applications.

[Added 1-20-2004 by L.L. No. 4-2004]

A. Every department, board, and committee of the Village shall withhold the processing of any application to such board, committee, or department, if:

(1) The Building Inspector has determined that a violation of any provision of the Village Code exists on or at the subject property, or a summons has been issued with regard to an alleged violation of any provision of the Village Code on or at any other property owned by the owner or the applicant within the Village.

(2) Pursuant to Subsections A or C of § 528-8 of the Village Code, a replacement tree has not been planted at the subject property, or a replacement tree has not been planted by the applicant or the owner at any other property within the Village, and the time period set by the Building Inspector for such replacement has past.

(3) Any fees, deposits, or other sums of money are due to the Village with regard to the subject property; or otherwise due to the Village from the owner of the subject property; or otherwise due to the Village from the applicant, if the applicant is not the owner.

B. The processing of an application shall include but not be limited to the review of the application, by the Village or its professionals; the scheduling or holding of any hearings or other meetings; the rendering of any decisions, other than, in the sole discretion of the Chairperson of such board or committee or the superintendent of such department, a denial of such application; the performing of any inspections; and the issuing of any permits or certificates.

C. Any application for which processing is to be withheld pursuant to the provisions of this section shall be deemed for all intents and purposes to be incomplete until such department, board, or committee receives written notice, by certified mail, return receipt requested, from the applicant, that such violation has been cured and/or such sums have been paid, and such notice is confirmed by the appropriate Village officer or employee.

D. The foregoing prohibition shall not preclude the processing of any application if:

(1) All of the sums due the Village have been paid and substantially the sole purpose of the processing is to cure the violations or to seek a variance from the Board of Appeals with regard to such violations; or

(2) The Board of Trustees, in its sole discretion, grants a waiver from such prohibition. Among the criteria the Board of Trustees may consider in determining whether or not to grant such a waiver is if the applicant is acting in good faith and with due diligence to cure the violations, or presents a case of hardship, similar to that required for a use variance before the Board of Appeals.

§ 14-4 Revocation of permits and variances and other sanctions for misrepresentations, noncompliance, and violations.

[Amended 9-3-2013 by L.L. No. 10-2013]

A. As used within this section, the following terms shall have the meanings indicated:

BODY

Any board, committee, commission, department, or other body of the Village.

LAW

The Code of the Village and all of the laws, rules, and regulations of any federal, state, or other municipal authority, district, department, or commission, with jurisdiction over the subject premises.

MATERIAL MISREPRESENTATION

Any incorrect, incomplete, or misleading representation of a fact or other circumstance upon which a body or officer bases a determination in whole or in part, or the failure to disclose a fact or circumstance that a reasonable person would believe would be a basis for determining whether or not to grant or condition a grant of an application.

OFFICER

Any elected or appointed officer or employee of the Village.

VIOLATON

The failure to comply with any condition of a permit or variance granted by a body or officer.

B. No person shall make any material misrepresentation to any body or officer.

(1) No rights from construction or otherwise shall be deemed created or vested if they result in whole or in part from a determination of a body or officer that was based in whole or in part upon a material misrepresentation by or on behalf of an applicant.

(2) The finding under this section that a determination was made based upon a material misrepresentation by or on behalf of an applicant to a body or officer shall be made by the same body or officer that made the determination at issue, either on its own initiative or when presented with information or facts from another body or officer or other person.

C. No person shall violate any of the requirements imposed by any body or officer as a condition to the granting of a permit or variance.

(1) With the exception of violations of conditions imposed by the Board of Appeals, the finding under this section that there was violation of any condition to the granting of a permit or variance imposed by any body or officer shall be made by the Board of Trustees.

(2) The finding under this section that there was violation of any condition to the granting of a permit or variance imposed by the Board of Appeals shall be made by the Board of Appeals.

D. No person shall violate any law in the use, operation, or development of its property within the Village. The finding under this section that there was a violation of any law in the use, operation, or development of a property within the Village shall be made by the Board of Trustees.

E. Revocation and other sanctions available to a body or officer upon a finding of a material misrepresentation or a violation.

(1) In the event that:

(a) A body or officer finds that a determination made by it was made based upon a material misrepresentation by or on behalf of an applicant; or

(b) The Board of Appeals finds that:

[1] There was a substantial violation of one or more of the conditions upon which a permit or variance was granted by it, whether or not notice of such violation had been given; or

[2] There were continuous violations of the same condition, after notice, of one or more of the conditions upon which a permit or variance was granted by it, whether or not any of such violations in and of themselves was substantial.

(c) The Board of Trustees finds that:

[1] There was a substantial violation of one or more of the conditions upon which a permit or variance was granted by a body other than the Board of Appeals, whether or not notice of such violation had been given;

[2] There were continuous violations of the same condition, after notice, of one or more of the conditions upon which a permit or variance was granted by a body other than the Board of Appeals, whether or not any of such violations in and of themselves was substantial;

[3] There was a substantial violation of law, whether or not notice of such violation had been given; or

[4] There were continuous violations of the same law, after notice, whether or not any of such violations in and of themselves was substantial;

(2) Then and in such event, the body or officer authorized to make such finding shall have the authority to:

(a) Allow the permit or variance to continue for a probationary period, not exceeding one year; and/or

(b) Impose additional conditions to attempt to prevent further violations; or

(c) Suspend the use of the property pursuant to such permit or variance until the violation is cured and/or there is compliance with any of the additional conditions that may be imposed; or

(d) Revoke the permit or variance.

(3) Nothing herein shall limit the penalties to which the owner may be liable for such violations under any other provisions of law.

F. Notice of violation.

(1) Notice of a violation for actions pursuant to this section shall be deemed sufficient if given in any of the following manners:

(a) Personal delivery; or

(b) Mailed by certified mail, return receipt requested; and by first class mail to the owner of the property at the address of the property and at the address for the property shown on the Village real property tax assessment roll, if such address is other than the address of the property.

(2) Proof and/or acknowledgement of actual receipt shall be deemed a waiver of any error in the notification.

G. Hearing.

(1) Prior to a finding by a body or officer pursuant to this section that a material misrepresentation was made by or on behalf of an applicant, that a condition upon which a permit or variance was granted was violated, or that a law was violated, the owner of the subject property shall be entitled to a hearing at which the owner shall have the right to be heard, to present witnesses and other evidence, and to be assisted by counsel.

(2) The notice of the hearing shall:

(a) Set forth the nature of the violation and/or violations and the date and/or dates that such violations are alleged to have occurred;

(b) Set forth the date and time of the hearing;

(c) Be mailed not less than 14 calendar days before the day scheduled for the hearing; and

(d) Be mailed by certified mail, return receipt requested; and by first class mail to the owner of the property at the address of the property and at the address for the property shown on the Village real property tax assessment roll, if such address is other than the address of the property.

(3) The appearance by the owner or the owner's attorney or other authorized representative at the hearing, unless the owner or the owner's representative alleges prejudice at the beginning of the hearing, shall be deemed a waiver of any error in the notice.

(4) If the owner desires a court reporter to be present to record the proceedings, it shall inform the Village Clerk and pay a deposit toward the expense of the court reporter not later than 3:00 p.m. of the last business day before the day of the hearing. The amount of such deposit shall be determined from time to time by resolution of the Board of Trustees.

H. Nonexclusive sanctions.

(1) The revocation and other sanctions for misrepresentations and violations provided in this section are nonexclusive and are in addition to all such other fines, penalties, and/or other sanctions as may be imposed against the owner pursuant to any other sections of this Code or any other laws.

(2) The powers for revocation and other sanctions for misrepresentations and violations provided in this section are nonexclusive and are in addition to such other powers as may be granted by any other sections of this Code or any other laws to any officer or body or state or federal official or department to impose fines, penalties, or other sanctions for the same misrepresentations and violations.

§ 14-5 Adoption of local laws.

[Added 5-20-2010 by L.L. No. 5-2010]

A. No local law shall be passed by the Board of Trustees until a public hearing thereon has been had before such Board. Such a public hearing held before such Board pursuant to this section shall be on public notice of at least three days.

B. Unless expressly set forth in any local laws adopted by the Board of Trustees, such local laws shall be deemed to have been adopted pursuant to the provisions of Article 2 of the New York State Municipal Home Rule Law.

§ 14-6 Purchase contracts.

[Added 11-20-2012 by L.L. No. 19-2012]

A. Definitions. As used in this section, the following terms shall have the following meanings:

BEST VALUE

Best value as defined in State Finance Law § 163, as such may be amended from time to time.

PURCHASE CONTRACT

All purchase contracts, including service contracts, but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law, as such may be amended from time to time.

B. Pursuant to the provisions of General Municipal Law § 103, the Board of Trustees is hereby authorized, if and when it is determined by such Board to be in the best interests of the Village, to award a particular purchase contract on the basis of best value.

C. Such authority may be exercised by the Board of Trustees with regard to any such purchase contract whether or not it reaches the threshold requiring competitive bidding pursuant to General Municipal Law § 103.

§ 14-7 Conformity to approved plans.

[Added 12-4-2012 by L.L. No. 20-2012]

A. As used in this section, the terms set forth below are defined as follows:

APPROVED PLAN

Any subdivision plat, site plan, or other plan or application approved by a Board of the Village and the conditions, if any, imposed with such approval.

BOARD OF THE VILLAGE

Includes the Board of Trustees, Board of Appeals, Planning Board, and Committee of Architectural Review of the Village.

MAINTAIN

Maintain in good and safe condition, clean, healthy, and operable condition, as appropriate, and, if applicable and deemed appropriate by the Building Inspector, replace any or all of the structures, grading, stormwater facilities, and landscaping as shown on the approved plan that are no longer good and in safe condition, clean, healthy, and operable to the extent required to properly fulfill the purpose for which they were approved and/or required.

OWNER

The owner of the property at the time at issue, as such ownership may change from time to time.

PROPERTY

All of the property that was the subject of the approved plan.

B. Except as set forth in Subsection C hereof, once the project for which there was an approved plan has been completed, the owner shall maintain the property substantially in accordance with the approved plan, unless such obligation is removed or modified by a resolution of the Board of the Village that approved the plan or such other Board of the Village, if any, that has the authority to supersede that approval.

C. With regard to landscaping, the owner may apply to the Building Inspector to alter the type, size, number, and/or location of the plantings (existing or new) shown on the approved plan, and the Building Inspector shall have the authority to modify such plantings as shown on the approved plan, so long as, in the determination of the Building Inspector, such alterations do not diminish the spirit and intent of the Board of the Village that approved the plan in requiring such plantings for screening, drainage, noise, aesthetic, or other concerns.

D. The determination of whether or not a change from the approved plan is substantial shall be made by the Building Inspector.

E. In addition to such right as a person may have to appeal the determination of the Building Inspector to the Board of Appeals as provided by the New York State Village Law, within the same limited period for such an appeal, a person may appeal such Building Inspector determination to the Board of the Village that approved the plan.