This codification, which is, and is intended
to be, a complete compilation of all ordinances of a general nature
effective in the Village of Depew, New York, shall be known and cited
as the "Village of Depew Municipal Code."
[Amended 8-2-1988 by L.L. No. 4-1988]
A. When used in this Code, unless otherwise expressly
stated or unless the context or subject matter otherwise requires:
ASSESSOR
The Assessor of the Village of Depew, New York.
BOARD OF APPEALS
The Board of Appeals of the Village of Depew, New York, established pursuant to the Village Law and Chapter
260 of this Code pertaining to Zoning and related matters.
BUILDING INSPECTOR
The enforcement officer appointed by the Mayor subject to approval by the Board of Trustees including the Mayor to enforce certain provisions of the Municipal Code as specified in Chapter
14 entitled "Enforcement Officers" of this Code. See also "Public Building Inspector."
CODE
Unless otherwise specifically qualified, the Municipal Code
of the Village of Depew, New York.
COUNTY
The County of Erie in the State of New York.
COUNTY CLERK
The County Clerk of the County of Erie in the State of New
York.
FIRE MARSHAL
The enforcement officer of Chapter C entitled "Fire Prevention
Code" of the New York State Uniform Fire Prevention and Building Code
in and for the Village of Depew, New York.
MAYOR
The Mayor of the Village of Depew, New York.
OWNER
A person who has the legal title, alone or with others, or
exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural person, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities capable of being sued.
PLUMBING AND/OR SEWER OR WASTEWATER INSPECTOR
The enforcement officer appointed by the Mayor subject to approval of the Board of Trustees including the Mayor to enforce the provisions of the Municipal Code as specified in Chapter
14 entitled "Enforcement Officers" of this Code.
PUBLIC BUILDING INSPECTOR
The enforcement officer appointed by the Mayor subject to approval of the Board of Trustees including the Mayor to enforce certain provisions of the Municipal Code as specified in Chapter
14 entitled "Enforcement Officers" of this Code. See also "Building Inspector."
TRUSTEE
A Trustee of the Village of Depew, New York.
VILLAGE
The Village of Depew, New York.
VILLAGE BOARD
The Board of Trustees of the Village of Depew, New York.
B. Applicability of the General Construction Law. Words
not otherwise above described and defined in the General Construction
Law shall have the same meanings as defined therein.
C. Names of officers, boards, departments, commissions
and other agencies. The names of officers, boards, departments, commissions
and other agencies used in this Code shall be construed as though
the words "of the Village of Depew, New York" were added unless the
context or subject matter otherwise requires.
D. Other words. All other words used in this Code and
not otherwise specifically defined shall be construed in the manner
that they are normally used unless the context or subject matter requires
otherwise; but words that have acquired a technical meaning in law
and are so used shall be construed and understood in accordance with
such meaning.
All ordinances of a general nature which were
heretofore in existence in the Village of Depew, New York, before
the adoption of this Code are hereby repealed. The repeal of all prior
ordinances shall not affect any punishment or penalty incurred, nor
shall it have any effect on existing litigation and it shall not operate
as an abatement of any action or proceeding now pending or which may
be brought by virtue of the ordinance or part thereof so repealed
for any violation or act committed prior to the effective date of
the repeal unless specifically abated.
If any ordinance, local law, clause, sentence,
paragraph, word, section or part of this Code, shall be adjudged by
any court of competent jurisdiction to be unconstitutional, illegal
or invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the ordinance,
local law, clause, sentence, paragraph, word, section or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
It shall be unlawful for any person to willfully
misrepresent the provisions of this Code by altering or changing any
of the provisions herein, inserting or deleting pages, or by any other
manner whatsoever.
Any material contained in brackets shall not
be deemed to be a part of this Code. Such material contained therein
is intended to show the adoption date, effective date and comments
on any changes. Likewise, any commentaries, footnotes, cross-references,
citations of authority or other annotations shall not be deemed a
part of this Code but are inserted editorially solely to assist in
the use and interpretation of this Code.
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 higher standards, shall govern
unless a contrary intent is expressly stated.
[Amended 8-2-1988 by L.L. No. 4-1988]
A. When no specific penalty is prescribed in any chapter
contained in this Code, rule or regulation of the Village, or in any
other provision of law, for any act which is prohibited or for the
failure to do any act which is required and is made or declared to
be unlawful, the violation thereof shall constitute a violation pursuant
to the Penal Law. However, in no case shall the fine imposed exceed
$250. Each day's continued violation shall constitute a separate additional
violation.
[Amended 5-2-1994 by L.L. No. 1-1994]
B. In all cases, the Board of Trustees may enforce obedience
of any provisions of this Code by injunction.
[Added 8-2-1988 by L.L. No. 4-1988]
The failure of any officer or employee of the
Village to perform an official act imposed by this Code shall not
be an offense, and shall not subject such officer or employee to the
penalty imposed for the violation of any provision of this Code, unless
a penalty is specifically provided therefor.
[Added 8-2-1988 by L.L. No. 4-1988]
A. Wherever any officer of the Village is granted certain
powers or duties or is designated as the enforcement officer of a
specific chapter or portion thereof, it shall also be construed to
include the deputies, assistants and representatives of such officer
to exercise such powers or duties.
B. While acting within the scope of their employment,
it shall be presumed that all acts performed by such deputies, assistants
and representatives were duly delegated and authorized.
[Added 8-2-1988 by L.L. No. 4-1988]
In case any provision of the Village of Depew
Municipal Code is inconsistent with any provision of the Village Law,
pursuant to the authority contained in Subdivision 1e(3) of Section
10 of the Municipal Home Rule Law, the Village Law is modified and
superseded in its application to the Village of Depew to the extent
and only to the extent that the Village Law is inconsistent with any
provision of the Village of Depew Municipal Code.
The provisions of this Code shall be liberally
construed in order to effectuate the purposes for which this Code
and the laws contained herein are enacted.