[HISTORY: Adopted by the Board of Trustees of the Village of Newark Valley 6-26-2001 by L.L. No. 3-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 95.
Noise — See Ch. 104.
Peddlers, solicitors and transient merchants — See Ch. 116.
The Board of Trustees recognizes that many properties in the Village are used for business activities and purposes. The Board determines that such activities and purposes may have an adverse effect on their residential neighbors, particularly with respect to traffic, parking congestion, visual appearance, and noise. Accordingly, the Board of Trustees has determined that the Village must regulate business uses, activities, and purposes in order to protect the general health, safety and welfare of the community. The Board determines that the provisions of this chapter are intended to supplement and not supplant the provisions of all state and county laws, the State Uniform Fire Prevention and Building Code, Chapter 130, Site Plan Review, of the Village Code and all other laws of the Village of Newark Valley. The Village reserves the right and authority to regulate and enforce the provisions of all such laws and codes.
No business use, purpose or activity, whether for profit or not for profit, may be conducted in the Village unless the owner or operator registers with the Village. Said registration must be made with the Village Clerk-Treasurer in accordance with the registration requirements set forth below and upon payment of a registration fee. The registration shall be valid for one year from the date thereof. The registration shall be renewed by the Village on an annual basis upon submission of a renewal fee, provided that the registrant and the subject property are in compliance with all Village laws, rules and regulations. The registration fee and renewal fee may be set and amended from time to time by resolution of the Board of Trustees.
All businesses in operation on the effective date of this chapter must register within 30 days of said date. Any business not in operation on the effective date of this chapter shall register prior to commencing operation and shall not commence operation until a proof of registration certificate is issued.
Every business, including each individual or separate business conducted or to be conducted within the area for which registration is applied, which complies with the requirements of this chapter shall be issued a proof of registration certificate. At least one such certificate must be prominently displayed on the business premises. Any other registration certificates for separate or additional businesses conducted on the premises shall be produced by the owner or operator upon request by the Village Board of Trustees or Code Enforcement Officer.
A. 
No vehicle, including trailers or mobile homes which may otherwise serve as a residence, shall be used as a store or office. However, a vehicle lawfully used for such purpose on the effective date of this chapter may continue such use, provided that said business and vehicle are timely and properly registered with the Village Clerk-Treasurer.
B. 
The owner or operator of any motor vehicle or vehicle used for business purposes, whether or not the business is operated within the Village, must register and obtain a proof of registration certificate for each such vehicle. If the business is operated within the Village of Newark Valley, said vehicle registration must be made at the same time the owner or operator registers his business with the Village Clerk-Treasurer. Proof of vehicle registration shall be furnished by the owner or operator upon request by the Village Board or the Code Enforcement Officer.
C. 
No more than one business vehicle may be parked or stored on any property.
All businesses subject to this chapter must provide off-street parking on the premises. One parking space per 100 square feet of floor area available to patrons of the premises shall be provided.
All businesses shall comply with Chapter 157, Vehicles and Traffic, of this Code.
All businesses shall comply with Chapter 122, Property Maintenance, of this Code.
All businesses shall comply with Chapter 104, Noise, of this Code.
All businesses shall comply with Chapter 129, Signs, of this Code.
Each registrant shall furnish the following information on forms provided by the Village, with each individual or separate business, if operated on the same premises, requiring a separate application:
A. 
Name and address of the business owner(s). If the owner is a corporation, provide the names and addresses of corporate officers. If the business is a partnership or a business using an assumed name, provide the names and addresses of all partners or persons or corporations doing business under an assumed name.
B. 
Name and address of the property owner. If the owner is a corporation, provide the names and addresses of corporate officers.
C. 
The address and the Tax Map number of the subject property.
D. 
The type and name of the business and the business purposes.
E. 
The number and names of employees.
F. 
The make, year, and license plate numbers of all vehicles used in the business and designation as to whether such vehicles are stored or parked on the premises.
G. 
The floor area of any building used for business purposes, including designation of area used by separate businesses conducted in the same building or upon the same premises.
H. 
If required by the Code Enforcement Officer, a site plan showing property boundaries, location of the building, location of off-street parking spaces, and the size and location of advertising signs.
A. 
Each application for registration of a business shall be reviewed by the Village Clerk-Treasurer and/or Code Enforcement Officer to ensure compliance with the registration information requirements and the requirements of all state, county and Village laws, the Fire Prevention and Building Code, and Chapter 130, Site Plan Review, of this Code. The Village Clerk-Treasurer and/or the Code Enforcement Officer shall report and present his findings and determination to the Village Board at its next regular meeting, provided that such meeting occurs at least 10 days from the time the registrant files an application and, if such time is less than 10 days, then at the next regular meeting of the Village Board or any earlier meeting scheduled by the Board.
B. 
The Village Board shall review the application at such meeting and shall determine and report whether a proof of registration certificate shall be issued within five days following such meeting.
C. 
The Village Clerk-Treasurer shall promptly notify the applicant of the determination of the Village Board. In the event a proof of registration certificate is not issued, the Village Clerk-Treasurer shall notify the applicant of the reasons for such denial, and the owners or operators who have applied may correct any deficiencies and re-present the application for business registration at no additional filing fee.
A. 
The Code Enforcement Officer is hereby designated as the officer charged with the enforcement of this chapter and is hereby authorized to issue notices of violation and appearance tickets to secure enforcement. Such appearance tickets shall be in the form prescribed by the Criminal Procedure Law.
B. 
Enforcement procedure. Upon determination that a violation exists in, on, or about any building, premises, or property, the Code Enforcement Officer shall serve a written notice of violation which orders the remedying of the violation. Such order shall state the nature of the violation and the provision and term being violated and shall set a date as may be reasonably necessary for achieving compliance before proceedings to compel compliance or assess penalties shall be instituted. Such order shall be served personally or by certified mail to the last known address of the property owner and/or occupant. If service is by certified mail, then a copy of the notice of violation shall be posted at the premises where the violation exists. Appearance tickets shall be served personally.
A. 
Any violation of any provision of this chapter or of a lawful order of the Code Enforcement Officer shall be deemed a violation of this chapter.
B. 
Any person or entity who or which violates this chapter shall, upon conviction, be punishable by a fine of up to $250 or imprisonment for not more than 15 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Alternatively or in addition to those penalties prescribed for violations under state law, any person, firm or corporation who or which violates this chapter shall be liable to the Village for a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The owner of the premises, the owner of the business and/or the operators of the business shall be jointly and severally liable for any civil penalty. Said civil penalties shall be recoverable in an administrative proceeding held by and before the Board of Trustees pursuant to the following procedure:
(1) 
Whenever a violation has not been remedied within the time specified in the notice of violation, the Code Enforcement Officer may issue an order to show cause before the Board of Trustees why such penalties should not be imposed.
(2) 
Service of order to show cause.
(a) 
Such order to show cause shall be served personally or by mailing a copy of such order by certified mail to the property owner and occupant, to their last known addresses as shown by the records of the Village, and by posting a copy of such order on the premises.
(b) 
A copy of said order may be filed in the County Clerk's office, which order shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. An order so filed shall be effective for a period of one year from the date of filing. It may be terminated upon an order of a judge or justice of a court of record or upon the written consent of the Attorney for the Village. The County Clerk shall mark the order to show cause and any record upon the presentation and filing of a certified copy of such judicial order or such consent.
(3) 
Content of order. Said order to show cause shall state the nature of the violation; the provision or term violated; and the date, time and place for a hearing before the Board of Trustees. The hearing shall be set for a date not less than seven days after the date the order to show cause is mailed.
(4) 
Conduct of hearing.
(a) 
The Board of Trustees shall conduct a hearing at the date, time and place specified in order to show cause. The hearing may be adjourned from time to time and shall continue until interested persons subject to the order to show cause are heard. No formal rules of evidence shall apply, nor shall a stenographic transcript be required.
(b) 
After the hearing is closed, the Board of Trustees shall make findings and make a determination. Such determination shall indicate the basis and reason for the decision and shall be based upon a preponderance of the evidence presented at the hearing, including all documentation presented. The decision shall state the dollar amount of any fine(s) to be imposed.
(c) 
Any fines imposed, plus, if any fine is imposed, the costs to the Village of the proceeding, including but not limited to attorney fees and administrative costs, shall be immediately due and payable. Administrative costs shall be determined from time to time by resolution of the Board of Trustees.
(d) 
The determination of the Board of Trustees may be reviewed in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is commenced within 30 days of such determination. Judicial review shall not stay any stop-work order or stay payment of any fine and costs imposed.
(5) 
Assessment of fines and costs. All fines and all costs incurred by the Village in connection with the administrative proceeding, if unpaid, shall be a lien on the real property and shall be assessed against such property, together with a nine-percent interest per annum, and shall be levied and collected in the same manner as real property taxes.
D. 
Correction of violation by Village. Compliance with this chapter is required in the interest of the public safety, health and welfare. Notwithstanding any other provision herein, if a property owner fails to correct a violation after notice of the same, the Village and its agents shall have the right to enter upon the property and perform the work necessary to correct the violation. The property owner shall be responsible and liable for all costs incurred by the Village in connection therewith. If not paid, said costs shall be a lien on the real property and shall be assessed against such property, together with a nine-percent interest per annum, and shall be levied and collected in the same manner as real property taxes.
E. 
Alternatively or in addition to the remedies provided by Subsections B, C and D, the Board of Trustees or Code Enforcement Officer may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or enforce any provision of this chapter.