Village of New Hartford, NY Article XIV Administration and Enforcement

§ 126-40 Building/use permits; certificates of compliance.

A. Building/use permit.

(1) No building shall hereafter be erected, relocated or altered as to outside dimensions or so as to permit a change in its use and no excavation for any building shall be begun unless and until a permit therefor has been issued by the Code Enforcement Officer, or Upon authorization of the Board of Appeals, wherever it is provided in this chapter that the approval of the Board of Appeals is required.

(2) No such permit shall be issued until there has been filed with the Code Enforcement Officer a sketch or plot plan showing the actual dimensions and angles of the lot to be built upon, the exact size and location on the lot of the building or accessory building to be erected, relocated or altered and such other information as may be necessary to provide for the enforcement of this chapter. Each application shall state the purpose for which the structure or land is to be used and a general description of the type of construction.

B. The Code Enforcement Officer shall issue or refuse to issue such permits, all within a reasonable time. Notice of refusal to issue any permit shall be given to the owner or to his authorized representative, in writing, and shall state the reasons for said refusal. The fee for any such permit shall be as determined by the Village Board from time to time.

C. Certificate of compliance. No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of compliance shall have been issued by the Code Enforcement Officer. A certificate of compliance shall be issued only if the proposed use of the building or land conforms to all of the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code, the plot plan and the purpose and description for which the permit was issued. The Code Enforcement Officer shall make or cause to have an inspection of each building or lot for which a certificate of compliance is required before issuing such certificate after approval of the Planning Board or Zoning Board of Appeals when applicable. Such inspection shall be made within 10 days from the day of the notification of project completion.

[Amended 9-11-1994 by L.L. No. 1-1994]

D. All property must comply with existing law before additional applications required by this chapter will be approved. A nonconforming use is exempted.

[Added 9-11-1994 by L.L. No. 1-1994]

§ 126-41 Board of Appeals.

There is hereby established a Board of Appeals consisting of three members, which shall function to the manner prescribed by law. The Board of Appeals shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and all its resolutions and orders shall be in accordance therewith and as further set forth herein:

A. Procedure. The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal shall refer to the specific provision of this chapter involved and shall set forth the interpretation that is claimed, the standards pertaining to the special use or the details of the variance that is applied for and the basis thereof. At least seven days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals its opinion on said appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such permit, the Planning Board shall be deemed to have approved the application or appeal.

B. Appeals. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Code Enforcement Officer. It shall also hear and decide all matters referred to it upon which it is required to pass under this chapter. The concurring vote of a majority of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the chapter. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Village. Such appeal shall be taken within 30 days or such additional time as shall be prescribed by the Board of Appeals by general rule, by filing with the Code Enforcement Officer and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Code Enforcement Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

C. Stay. An appeal stays all proceedings in furtherance of the action appealed from unless the Code Enforcement Officer, from which the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that, by reason of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due course shown.

D. Hearing and determination. The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and by publication at least once in the official newspaper 10 days before the date of the hearing and shall decide the same within 62 days. Upon the hearing, any party may appear in person or by agent or by attorney. The applicant shall bear the cost of advertising as required in connection with the hearings. The Village Board shall establish and post any such schedule of fees.

§ 126-42 Jurisdiction of Board of Appeals; interpretation; special uses; variances.

The Board of Appeals shall have all the power and duties prescribed by law and by this chapter, among which some are more particularly specified as follows:

A. Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto. A public hearing will be held by the Board of Appeals before reaching a decision on matters of interpretation.

B. Special uses. To authorize a permit for any of the special uses for which this chapter requires consideration by the Board of Appeals. No such special use shall be authorized by the Board of Appeals unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare. A public hearing will be held by the Board of Appeals before granting approval, disapproval or conditional approval for a special use. Special uses to be considered by the Board of Appeals include the following:

(1) Public utility structure or use. Such uses shall include electric substations, transformers, switches and auxiliary apparatus serving a distribution area and utility pumping stations and shall be subject to the following regulations:

(a) Such facility shall not be located on a residential street unless no other site is available and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(b) The location, design and operation of such facility shall not adversely affect the character of the surrounding area.

(c) Adequate fences, barriers and other safety devices shall be provided, and the facility shall be screen-planted.

(2) Home occupations. A home occupation as defined by this chapter shall be subject to the following regulations:

(a) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, nonilluminated and not exceeding two square feet in area.

(b) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation shall be provided off the street and not in a required front yard.

(c) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot; and in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

(3) Swimming pools. A private, outdoor swimming pool shall be permitted as an accessory use to a dwelling unit, and it shall comply with Chapter 105, Swimming Pools, of the Code of the Village of New Hartford.

[Amended 9-11-1994 by L.L. No. 1-1994]

(4) Drive-in restaurant or refreshment stand. In addition to meeting the minimum yard and lot coverage requirements, such business where persons are served in automobiles or out-of-doors or which are primarily of a carry-out nature shall be subject to the following regulations:

(a) Such use shall be not closer than 200 feet to a residential district and shall have frontage on a public street.

(b) Ingress and egress shall be so designed as to minimize traffic congestion, and, for this purpose, the number and location of driveways shall be subject to review and approval of the Board of Appeals.

(c) Such use shall be adequately fenced and screened from any adjacent residential property, and lighting shall be directed away from adjacent property.

(5) Auto wash. In addition to meeting the minimum yard and lot coverage requirements, any auto wash establishment shall be subject to the following regulations:

(a) Such establishment shall not be closer than 200 feet to a residential use.

(b) The washwater shall not pollute any stream nor create a hazard because of surface drainage.

(c) The number and location of driveways shall be subject to review and approval of the Board of Appeals.

(d) Such establishment, in addition to meeting the off-street parking requirements of Schedule B,[1] shall provide four stacking spaces per bay on the lot to prevent the waiting of automobiles in the public street.

[1] Editor's Note: Schedule B is included as an attachment to this chapter.

(6) Wind energy conversion systems. The installation of all wind energy conversion systems shall comply with the following requirements:

(a) Size. This chapter covers those WECS whose swept area is 500 square feet or less. For conventional propeller WECS, this should be a diameter of approximately 25 feet.

(b) Compliance with the New York State Uniform Fire Prevention and Building Code. Special use permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the Uniform Code. Drawings and engineering calculations shall be certified, in writing, by a New York State-registered engineer. All equipment and materials shall be used or installed in accordance with such drawings. The above certifications by a registered engineer shall be deemed to satisfy all applicable requirements of the Uniform Code.

(c) Compliance with National Electrical Code. Special use permit applications shall be accompanied by drawings identifying the location of metering, protection and control devices and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to Articles 250, Grounding, 280, Surge Arrestors, 300, Wiring Methods, 310, Conductors for General Wiring, 430, Motors, 445, Generators, and 450, Transformers and Transformer Vaults, of the National Electrical Code. The application shall include a statement from a New York State-registered engineer indicating that the electrical system conforms to good engineering practices and complies with the above Articles of the National Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. The above certification by a registered engineer shall be deemed to satisfy all applicable requirements of the National Electrical Code.

[Amended 9-11-1994 by L.L. No. 1-1994]

(d) Rotor safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a New York State-registered engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of towers with available rotors.

(e) Guy wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high, or the WECS shall be set back from the property line the total height of the WECS.

(f) Tower access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either: tower-climbing apparatus located not closer than 12 feet from the ground; a locked anticlimb device installed on the tower; or the tower shall be completely enclosed by a locked, protective fence at least six feet high.

(g) Electromagnetic interference. A wind energy conversion system shall comply with the provisions of 47 CFR, Parts 15 and 18. The wind energy conversion system shall be operated such that no harmful interference is caused. When notified by the Code Enforcement Officer that a wind energy conversion system is causing harmful interference, the operator shall promptly take steps to eliminate the harmful interference.

(h) Signs. At least one sign shall be posted at the base of the tower warning of high voltage. The sign shall also include:

[1] An emergency phone number;

[2] Emergency shutdown procedures; and

[3] The name, address and telephone number of the tower owner.

(i) Utility notification. No wind turbine shall be interconnected with a utility company's grid until said company has been notified and written approval has been received from said utility company.

(j) Height. The minimum height of the lowest part of the WECS shall be either 30 feet above the highest structure allowed under the local zoning requirement or potential tree height, whichever is higher, if it is within a two-hundred-foot radius. If an obstruction is within a two-hundred-one-to-five-hundred-foot radius, the lowest part of the WECS shall be 10 feet above it.

(k) Setbacks. The WECS shall be located such that the furthest extension of the apparatus does not cross any property lines.

(l) Abatement. If a wind energy conversion system or systems are not maintained in operational condition and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The Village Board reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the Village Board determines that the WECS has been abandoned, the system shall be removed within 30 days of written notice to the last known owner or operator of record of the system.

(m) Liability insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. Said policy shall provide a minimum of $300,000 of property and personal liability coverage.

(7) Day-care facility/day-care center/family day-care home.

(a) No day-care facility, center or family day-care home, as defined herein, shall be established until such center, facility or home has been issued a permit by the Village of New Hartford, New York. Written notification of such action will be given to each of the property owners within 300 feet of such use. Such notification shall be the responsibility of the Village Clerk, prior to any approval of the permit.

(b) Day-care facilities and centers and family day-care homes shall only be issued such permits following review and approval by the Board of Appeals pursuant to requirements specified in this section.

(c) All day-care facilities, centers and family day-care homes, as defined by this chapter, shall be required to obtain an operating permit from the New York State Department of Social Services pursuant to the New York State Social Services Law. If at any time the State of New York does not require an operating permit for the types of facilities as defined by this chapter, then this section shall not apply.

(d) All day-care facilities and centers and family day-care homes, as defined herein, shall provide a fenced outdoor play space. Such fence shall be four feet in height. Such play space shall be adequately screened to minimize the impact of such area on adjacent residential uses.

(e) To determine the number of off-street parking spaces which must be provided by any day-care center or facility or family day-care home, the staffing requirements and maximum number of children who may be cared for by such day-care center or facility or family day-care home at any one time as specified on the permit issued by the New York State Department of Social Services shall be utilized, and any other New York State requirements shall be met, if applicable.

(f) Such permits as are required by this section shall be valid for a period of up to two years from date of issuance, but in no instance shall such time period exceed the time period specified by the New York State Department of Social Services on its permit.

(g) Such permits shall only be for the premises included in the application for such permit.

(h) A new application for an occupancy permit shall be submitted to the Village when there is a change in the name, address or operator of the day-care facility or center.

(i) Such permits issued by the Village shall automatically be null and void if for any reason the New York State Department of Social Services denies, revokes or refuses to renew the state's permit for such a use.

(j) Such permits shall be prominently displayed in the day-care facility or center or family day-care home.

(8) Dish- or tower-type antenna regulations.

(a) Permit requirement.

[1] No person shall erect, alter or reconstruct any dish- or tower-type antenna without having first obtained a permit from the Code Enforcement Officer.

[2] Application for such permit shall be made, in writing, on forms provided by the Code Enforcement Officer and shall contain the following information:

[a] The name, address and telephone number of the applicant.

[b] The location of real property upon which the antenna is to be erected.

[c] Construction drawings (to scale) showing the proposed method of installation, structural engineering analysis and a site plan depicting structures and plantings on the property.

[d] Present documentation of possession of any required federal or state license.

[e] All contiguous properties.

[3] The applicant shall pay to the Code Enforcement Officer, upon issuance of an antenna permit, a fee as based on square footage.

[Amended 9-11-1994 by L.L. No. 1-1994[2]]

[2] Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).

(b) General regulations. The following regulations shall apply to all dish- or tower-type antennas:

[1] No dish- or tower-type antenna may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communication Commission or other regulatory agency having jurisdiction.

[2] No more than one such antenna shall be permitted on any lot or parcel.

[3] All dish- or tower-type antenna shall be either freestanding or roof-mounted.

[4] All towers or antennas shall have setbacks from any lot line equal to or greater than the height of the proposed structure.

[5] Distance of any guy anchorage or similar device shall be at least five feet from any property line.

[6] No dish- or tower-type antenna may be located in a front or side yard.

[7] No dish- or tower-type antenna, including a roof-mounted antenna, shall exceed the height limitations established for the zoning district in which it is proposed.

[8] No dish- or tower-type antenna shall be allowed on a corner lot unless approved as a special permit by the Zoning Board of Appeals under the provisions of §§ 126-41 and 126-42 of this chapter.

[9] When roof-mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline.

[10] Suitable protective anticlimb fencing shall be provided and maintained around the structure and accessory attachments of greater than 20 feet in height.

[11] The owner of such a structure shall assume complete liability in case of personal or property damage.

(c) Design review districts. Antenna applications affecting those areas subject to regulations by Article XI, Design Review Areas, shall be accompanied by a written statement from the Chairman of the Planning Board that said antenna application has been received and approved by said Board.

(d) Procedure for relief.

[1] The Zoning Board of Appeals may grant a special permit from any of the requirements of this Subsection B(8) if it finds all the following conditions exist:

[a] The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.

[b] The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes for pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhood.

[c] The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.

[2] In granting such relief, the Zoning Board of Appeals:

[a] May require screening.

[b] May require additional setback from the property line to that imposed by these regulations.

[c] Shall attach such reasonable conditions as it shall require consistent with the intent of these regulations and that the essential character of the neighborhood shall not be disturbed by the installation of any such antenna.

(e) Enforcement of antenna regulations.

[1] Notice. When the Code Enforcement Officer determines that there has been a violation of this Subsection B(8), written notice shall be served upon the applicant antenna owner or property owner by registered or certified mail, return receipt requested, at his last known address, such notice specifying the alleged violation, providing a reasonable time within which the violation is to be corrected, stating what legal remedies will be imposed upon a failure to correct said violation and informing said individuals of their rights pursuant to §§ 126-41 and 126-42 of this chapter. Such notice of violation shall automatically become a final order if the violation is not corrected within the time allowed or if an application for an appeal in accordance with §§ 126-41 and 126-42 herein is not submitted to the Code Enforcement Officer within seven days from receipt of said notice.

[2] Removal of antenna; storage; sale. Upon failure of the applicant antenna owner or property owner to correct the cited violation within the time allowed by the Code Enforcement Officer or to apply for an appeal as provided by §§ 126-41 and 126-42, the Code Enforcement Officer, by written instruction to the Commissioner of Public Works, shall direct that the violating antenna be removed. Such antenna shall be stored for a thirty-day period, during which the antenna may be claimed upon proof of ownership and upon payment for the reasonable cost of removal and storage as determined by said Commissioner. If the antenna is not timely claimed, said Commissioner is authorized to sell the stored antenna at public auction to the highest bidder or to otherwise dispose of said antenna at his discretion and to thereupon apply the proceeds, if any, to the remaining storage costs.

(9) Accessory apartments. Accessory apartment units shall be permitted only upon the issuance of a special permit by the Zoning Board of Appeals and in accordance with the following regulations:

(a) The principal dwelling unit is owner occupied.

(b) The accessory unit has a maximum floor area of 750 square feet.

(c) The accessory unit is entirely self-contained, with separate cooking, sanitary and sleeping facilities for the exclusive use of the accessory unit's occupant(s).

(d) Any exterior changes made to the principal building shall be made on the existing foundation(s).

(e) The principal dwelling unit shall have only one front entrance; all other entrances shall be at the side or rear of the dwelling.

(f) One paved off-street parking space shall be provided for each occupant of the accessory unit.

(g) The accessory dwelling shall conform to all requirements of the New York State Uniform Fire Prevention and Building Code.

(10) Cabarets. Cabarets, as defined by this chapter, shall be permitted only upon the issuance of special permits by the Zoning Board of Appeals. In reaching its decision on the proposal, the Board shall consider, among other things, the following:

(a) The need for the proposed land use in the proposed location.

(b) The existing character of the neighborhood or area.

(c) The location of principal and accessory buildings on the site in relation to one another and in relation to buildings and uses in properties adjoining the proposed district.

(d) The general circulation and open space pattern relative to the structures.

(e) The traffic circulation features within the site, and the amount, location and access to automobile parking areas.

(11) Nightclubs. Nightclubs, as defined by this chapter, shall be permitted only upon the issuance of special permits by the Zoning Board of Appeals. In reaching its decision on the proposal, the Board shall consider, among other things, the following:

(a) The need for the proposed land use in the proposed location.

(b) The existing character of the neighborhood or area.

(c) The location of principal and accessory buildings on the site in relation to one another and in relation to buildings and uses in properties adjoining the proposed district.

(d) The general circulation and open space pattern relative to the structures.

(e) The traffic circulation features within the site, and the amount, location and access to automobile parking areas.

C. Variance: on an appeal from a determination of the Code Enforcement Officer and in conformity with law, to vary the requirements as they apply to a particular lot where the property owner can show that his property was acquired in good faith and where the strict application of this chapter would result in practical difficulty (area variance) or unnecessary hardship (use variance). No application for a variance shall be acted on until the required public hearing has been held. The Board of Appeals shall prescribe appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant any variance unless it shall make a finding of fact based upon the evidence as presented to it in each specific case as specified below:

(1) Area variance. An area variance is a variance involving dimensional deviations from the standards set forth in this chapter. Because of exceptional narrowness, shallowness, shape or area of the specific parcel or because of extraordinary topographic conditions or other physical conditions or location of the specific parcel, the strict application of the provisions of this chapter actually prohibit or unreasonably restrict the use of the land or building for which such variance is sought, that the granting of the variance is necessary for the reasonable use of such property, and that the variance granted by the Board is the minimum variance that will provide for the reasonable use of the property. Practical difficulty is the test for an area variance. The Board shall address each of the following criteria in making a determination for an area variance:

(a) How substantial the variance is in relation to the zoning requirements.

(b) The effect of the increased population density or land use intensity on available government facilities. This could include fire and police protection, schools and utilities.

(c) Whether a substantial change will be produced in the character of the neighborhood or whether a substantial detriment to adjoining properties will be created.

(d) Whether the difficulty can be eliminated by some method other than a variance which is feasible for the applicant to pursue. In the case of side yard variances in particular, it is frequently feasible, proper and possible for the applicant to alter the plot plan to locate a proposed structure or addition in a new location which does not require any variance.

(e) Whether, in view of the manner in which the difficulty arose and in consideration of the above factors, the interests of justice will be served by allowing the variance.

(2) Use variance. This is a variance which permits a use of land which is prohibited by this chapter. The granting of a use variance will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience sought by the owner, which conditions are peculiar to such land or building and do not apply generally to land or buildings in the vicinity or neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter. Unnecessary hardship is the test for a use variance. The Board shall address each of the following criteria in making a determination for a use variance:

(a) The land in question cannot yield a reasonable return if used only for a purpose allowed in that zone.

(b) The plight of the owner is due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreasonableness of the zoning law itself.

(c) The use to be authorized by the variance will not alter the essential character of the locality.

(3) In addition, the granting of the variance must be in harmony with the intent, spirit and purpose of this chapter.

§ 126-43 Enforcement.

A. This chapter shall be enforced by a person hereinafter called the "Code Enforcement Officer," designated by the Village Board, who shall in no case grant any permit for any building or use on premises where the proposed erection, alteration, relocation or use thereof would be in violation of any provision of this chapter. The Code Enforcement Officer shall make such inspections of buildings or premises as are necessary to carry out his duties. No permit or certificate of compliance required hereunder shall be issued by the Code Enforcement Officer except in compliance with the provisions of this chapter or as directed by the Board of Appeals.

B. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Code Enforcement Officer. Upon the receipt of a written complaint, the Code Enforcement Officer shall record the complaint in his files, conduct an investigation and issue his findings, in writing. If the Code Enforcement Officer finds that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Code Enforcement Officer shall file copies of any notice of violation with the Village Clerk and the Village Attorney.

§ 126-44 Penalties for offenses.

[Amended 9-11-1994 by L.L. No. 1-1994]

Any violation of this chapter, or any part thereof, shall constitute an offense, and each week that a violation is permitted to exist after notice to abate such violation shall constitute a separate offense. Any person, firm or corporation who violates any provision of this chapter shall be subject to a fine not exceeding $250 or to imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.