Village of Roslyn Harbor, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-2006 by L.L. No. 1-2006]
The Commissioner of Public Works, the Building Official and the Deputy Building Official are each hereby authorized to issue appearance tickets pursuant to Criminal Procedure Law § 150.20 for any violation of the Village's ordinances, local laws or regulations. An appearance ticket shall be signed and personally served on the alleged violator by the issuing official.
A. 
The provisions of this Code may be enforced by such legal or equitable proceedings as are or may be provided or authorized by law.
B. 
In addition to any civil penalty or remedy specifically provided in any chapter of this Code for violation of any of the provisions thereof or for the abatement of the same and except where a criminal or quasi-criminal penalty shall be specifically set forth in any chapter of this Code for violation of any of the provisions thereof, any person who shall violate any of the provisions of this Code shall be guilty of a violation and shall, upon conviction by a court of competent jurisdiction, be sentenced to a term of imprisonment not to exceed 15 days and/or a fine not to exceed the following amounts for the chapters indicated:
(1) 
Chapters of the Code, and all rules, regulations, resolutions and restrictions adopted in connection therewith, for which the maximum fine for a violation thereof shall not exceed $3,000:
(a) 
Chapter 100, Building Construction Administration.
(b) 
Chapter 275, Zoning.
(2) 
Chapters of the Code, and all rules, regulations, resolutions and restrictions adopted in connection therewith, for which the maximum fine for a violation thereof shall not exceed $1,000:
(a) 
All chapters of the Code, and all rules, regulations, resolutions and restrictions adopted in connection therewith or otherwise, not specifically set forth in Subsection B(1) above.
The imposition of a penalty as provided above, or as specifically provided in any other chapter of this Code, shall be in addition to any injunctive or remedial relief which is authorized under the laws of the State of New York with the same force and effect as though provided herein or by this Code. Such additional remedy shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.
The continuation of any offense for each successive week shall constitute a separate violation, and the person or persons allowing or permitting the continuation of the offense may be punished as provided above for each separate violation.
The owner, agent, landlord or tenant of any building, structure, premises or land, or any part thereof, in or on which any violations of any provisions of this Code shall have been committed or shall exist and any agent, building contractor, corporation or any other person who commits, assists or was employed in connection with such violation or who maintains any building, structure, premises or land in or on which such violation shall exist shall be deemed to have notice of such violation, shall be guilty of a separate offense and for the offense committed and shall be punishable as provided herein.
In all cases where the same offense or violation may be made punishable or shall be created by different clauses or sections of the resolutions or local laws of the Village, the prosecuting officer may elect under which to proceed.
Wherever the requirements of any chapter or portion thereof are at variance with the requirements of any other lawfully adopted rule, regulation, chapter or other enactment, the most restrictive or that imposing the highest standards shall govern unless a contrary intent is expressly stated.
This article shall supersede in its application to the Village of Roslyn Harbor § 20-2006 of the Village Law.
[Adopted 3-22-2006 by L.L. No. 1-2006]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Village of Roslyn Harbor, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 275, together with an Appendix, shall be known collectively as the "Code of the Village of Roslyn Harbor," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Village of Roslyn Harbor" to any other local law or ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law or ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Trustees of the Village of Roslyn Harbor, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-11 below.
All local laws and ordinances of a general and permanent nature of the Village of Roslyn Harbor in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.
The repeal of local laws and ordinances provided for in § 1-11 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the Village of Roslyn Harbor prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
B. 
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Roslyn Harbor or any penalty, punishment or forfeiture which may result therefrom.
C. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law, brought pursuant to any legislative provision of the Village of Roslyn Harbor.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Roslyn Harbor.
E. 
Any local law or ordinance of the Village of Roslyn Harbor providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Roslyn Harbor or any portion thereof.
F. 
Any local law or ordinance of the Village of Roslyn Harbor appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Roslyn Harbor or other instruments or evidence of the Village's indebtedness.
G. 
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance relating to salaries and compensation.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any local law or ordinance relating to or establishing a pension plan or pension fund for municipal employees.
M. 
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Village.
N. 
Any local law adopted subsequent to 4-21-2005.
If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law or ordinance included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Roslyn Harbor and shall remain there for use and examination by the public until final action is taken on this local law, and if this local law shall be adopted, such copy shall be certified by the Village Clerk of the Village of Roslyn Harbor by impressing thereon the Seal of the Village of Roslyn Harbor, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the local laws or ordinances known collectively as the "Code of the Village of Roslyn Harbor" or any new local laws, when enacted or adopted in such form as to indicate the intention of the Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law or ordinance contained herein, and such local laws or ordinances may be amended, deleted or changed from time to time as the Board of Trustees deems desirable.
It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Roslyn Harbor required to be filed in the office of the Village Clerk for use by the public. All changes in said Code and all local laws adopted by the Board of Trustees subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or local laws until such changes or local laws are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Village Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Board of Trustees. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Roslyn Harbor or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Roslyn Harbor to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.
A. 
In compiling and preparing the local laws and ordinances for publication as the Code of the Village of Roslyn Harbor, no changes in the meaning or intent of such local laws or ordinances have been made, except as provided for in Subsections B and C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Trustees that all such changes be adopted as part of the Code as if the local laws and ordinances had been previously formally amended to read as such.
B. 
The following changes are made throughout the Code:
(1) 
References to the "Board of Appeals" and "Board of Zoning Appeals" are amended to "Zoning Board of Appeals."
(2) 
Specific fee amounts are removed and replaced with a reference to Chapter 125, Fees and Deposits.
C. 
The following sections are amended to replace the specific penalties with a reference to Chapter 1, Article I: §§ 92-10 (second sentence); 132-11; 165-6; 176-8; 182-5K(2); 187-7; 210-17; 216-8B; 216-13; 227-4; 227-11; 227-21; 239-26; 251-7; 251-17; 263-15; 263-18; 263-23; and 275-54A.
D. 
The following new chapters are adopted as indicated on the attached copy: Chapter 1, Article I, Enforcement and Penalties; Chapter 100, Building Construction Administration; Chapter 117, Environmental Quality Review; and Chapter 125, Fees and Deposits.
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Village of Roslyn Harbor, such local law to be titled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-9 to 1-21, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.