[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 5-19-2003 by L.L. No. 8-2003. Amendments noted where applicable.]
Except as otherwise provided or supplemented, in whole or in part, in §§ 1-10, 13-6, 63-7, 84-20, 88-8, 91-13, 102-11, 147-10, and 154-6 of the Village Code, and in the New York State Vehicle and Traffic Law, any offense against any provision of the Village Code, or any other local law or ordinance of the Village, or of any resolution, rule, regulation, condition, or other determination or requirement of any Village Board, Village Commission, or Village Department, or direction or order of the Village Building Inspector or Village Engineer, shall be punishable by a fine not exceeding $1,000, imprisonment for not more than 15 days, or both such fine and imprisonment.
Each day that an offense shall continue shall be deemed a separate and distinct offense.
The court shall consider restitution or reparation to the victim of the crime and may require restitution or reparation as part of the sentence imposed upon a person convicted of an offense, as provided and in accordance with § 60.27 of the Penal Law, as such section may be amended from time to time.
[Added 10-22-2020 by L.L. No. 9-2020]
In addition, the Board of Trustees may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance or to restrain by injunction any violation of the provisions of the Village Code, or of the local laws or ordinances of the Village, or of the resolutions, rules, regulations, conditions, or other determinations or requirements of any Village Board, Village Commission, or Village Department, or directions or orders of the Village Building Inspector or Village Engineer.
The penalties and injunctive relief set forth in this chapter are meant to add to and not to replace or diminish any such other rights and remedies that are otherwise provided by law to the Village and its boards, commissions, departments, and Village officials.
[Added 11-18-2004 by L.L. No. 3-2004]
When one person engages in conduct which constitutes a violation of this Code, another person is criminally liable for such conduct when, acting with the mental culpability required for the commission thereof, he solicits, requests, commands, importunes, or intentionally aids such person to engage in such conduct. This section has been included for clarity and, in substance, is merely a paraphrased restatement of the substance of Penal Law § 20.00, which applies to the entire Village Code.
[Added 5-21-2019 by L.L. No. 6-2019]
It shall be a violation of this Code for any obligated person to fail to comply with a condition of a board within the time period set by that board, or, if none, within the time period set by an authorized Village official.
In addition to the fines set forth in Chapter 116 of this Code and such other actions authorized by this Code, upon the Superintendent of the Building Department finding such violation to exist, such Superintendent may issue a stop order or decline to issue or revoke a previously issued certificate of compliance, completion, or occupancy
As used in this section, the following terms shall have the meanings indicated:
- AUTHORIZED VILLAGE OFFICIAL
- Includes the following Village officers and employees: Superintendent of the Building Department, Superintendent of the Department of Public Works, Building Inspector, Commissioner of Police, Police Officer, and Mayor, and the Chairman of a board with regard to that board's condition.
- Includes the following Village boards and commission: Board of Trustees, Planning Board, Board of Appeals, Architectural and Preliminary Site Plan Review Board, and Landmarks Preservation Commission.
- CONDITION OF A BOARD
- Includes any condition, directive, or other requirement of a board.
- OBLIGATED PERSON
- Includes the following: as to all of the premises that benefitted by the board's action when the board imposed the condition, unless such condition was limited to only certain premises, all of the present owners, tenants, and lessees of those premises.