[Amended 6-20-1977 by L.L. No. 2-1977]
This chapter shall be deemed to prescribe minimum
requirements and is intended to impose strict liability as defined
in the Penal Law. Except for the repeal of the Building Zone Ordinance,[1] this chapter shall not be deemed to amend, repeal or impair
any requirement in any ordinance or law or in any deed restriction
or covenant or in any other undertaking among private persons, but
no provision in any such ordinance, law, restriction, covenant or
undertaking shall be deemed to justify noncompliance with any provision
of this chapter.
[1]
Editor's Note: The prior Zoning Ordinance
of the Village of Lloyd Harbor, as last amended 7-25-1965, was repealed
by the ordinance adopting this chapter.
[Amended 6-20-1977 by L.L. No. 2-1977; 11-21-1988
by L.L. No. 4-1988[1]]
It shall be the duty of the Building Inspector,
the Code Enforcement Officer and the police and they hereby are given
the authority to enforce the provisions of this chapter and issue
appearance tickets for any violations they observe. The Building Inspector,
the Code Enforcement Officer and the police in discharge of their
duties shall have authority to enter any building or premises at any
reasonable hour, in accordance with law.
[Amended 6-20-1977 by L.L. No. 2-1977; 1-29-1986 by L.L. No. 3-1986]
A.
Any owner, lessee, contractor, agent or individual,
whether a person, partnership or corporation, shall be guilty of an
offense if he/she occupies, uses or maintains or causes or permits
to be occupied, used or maintained or erects, enlarges, alters or
converts or causes, or permits to be erected, enlarged, altered or
converted any building, structure or part thereof on any land in the
Village, except in conformity with the provisions of this chapter
or a decision of the Board of Zoning Appeals or the Planning Board,
or in any manner violates or allows, causes, permits, takes part in
or assists in a violation of any provision of this chapter or of any
regulation, order or ruling promulgated hereunder.
B.
A person convicted of an offense shall be guilty of
a violation as defined in the Penal Law.
C.
A violation of two or more sections of this chapter
or provisions within a section shall be separate and distinct offenses
for which a fine may be levied.
D.
Each and every week that a violation exists or continues
shall constitute a separate and distinct violation, conviction for
which shall be an additional offense.
E.
Each violation of this chapter shall be punishable
by:
(1)
A fine not to exceed $350 or a term of imprisonment
not to exceed five days, or both, for a conviction of a first offense.
(2)
A fine not to exceed $700, but not less than $350,
or a term of imprisonment not to exceed 10 days, or both, for the
conviction of a second offense committed within five years of a prior
offense.
(3)
A fine not to exceed $1,000, but not less than $700,
or a term of imprisonment not to exceed 15 days, or both, for the
conviction of a third or subsequent offense committed within five
years of two prior offenses.
F.
If any person fails to abate any such violation of
this chapter within five calendar days after written notice has been
served personally upon said person or within 10 days after written
notice has been sent to said person, by certified mail, at said person's
home or business address, said person shall be subject to a civil
penalty of $250 for each and every day that said violation continues,
recoverable by suit brought by the Village.
G.
Any violation of this chapter may be enjoined pursuant
to law.
H.
The remedies provided for herein shall be cumulative
and shall be in addition to any other remedies provided by law, including
injunctive relief.
No building shall be erected, enlarged or altered
structurally unless the owner or lessee of the premises files or causes
to be filed with the Building Inspector, before such erection, enlargement
or alteration is commenced, a plan in duplicate, drawn to scale, showing
the actual dimensions, monuments, radii and angles of the lot to be
built upon, the exact size and location on the lot of the principal
building and accessory buildings to be erected, enlarged or altered
and such other information as may be reasonably necessary to determine
compliance with the provisions of this chapter.
[Amended 11-21-1988 by L.L. No. 4-1988]
It shall be unlawful for any person to commence
work for the erection or alteration of any building until a building
permit has been duly issued therefor. A fee shall be paid to the Village
by the applicant for a permit, at the time of submitting his/her application
for a permit, in the amount required by resolution adopted by the
Board of Trustees. No building permit shall be issued until the Building
Inspector has certified that the proposed building or alteration complies
with all provisions of this chapter.
[Amended 11-21-1988 by L.L. No. 4-1988[1]]
It shall be unlawful to use or permit the use
of any building or premises or part thereof, hereafter erected, altered,
changed, converted or enlarged, wholly or partly, in its use or structure,
until a certificate of occupancy or a certificate of completion therefor
shall have been issued by the Building Inspector. Such certificate
shall show that such building or premises or part thereof and the
proposed use thereof are in conformity with the provisions of this
chapter. It shall be the duty of the Building Inspector to issue a
certificate of occupancy or a certificate of completion as promptly
as practicable after having determined that the building and premises
and the proposed use thereof conform to all the requirements of this
chapter.
