[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-21-2005 by L.L. No. 1-2005 (Ch.
1, Art. II of the 2005 Code)]
A.
The penalty for violations of any existing local law governing and/or regulating vehicles, traffic and/or parking; animals, including but not limited to dogs; antennas; boats; noise and/or nuisance; peace and good order; public health; signage and trees, or of Chapters 61, 64, 73, 147, 155, 164, 165, 176, 206 and 212 shall be a minimum of $100 for each offense, and after notice thereof, for each day the offense persists. There shall be a maximum penalty of $500 for each offense or each day thereof, exclusive of surcharges imposed by the State.
[Amended 2-18-2020 by L.L. No. 5-2020]
B.
Any person, corporation or officer thereof who shall violate any of the existing local laws governing and/or regulating building construction; unsafe buildings; dumping of waste and/or rubbish; erosion of soil and/or stormwater management; flood prevention; property maintenance; retaining walls; solid waste; streets and sidewalks, including but not limited to installation and/or maintenance; swimming pools and similar construction; and zoning, or of the provisions of Chapters 78, 84, 88, 96, 104, 121, 161, 169, 185, 189, 196 and 225 of this Code, or who fail to comply therewith, or who shall fail to comply with written notice of violation or order issued by the Building Department and/or appropriate code enforcement officer, shall be guilty of a violation within the meaning of the New York Penal Law and, upon conviction, shall be liable to a fine of not less than $1,000 nor more than $2,000 or to imprisonment for a period not to exceed 15 days, or both; and, upon a second conviction for the same offense committed within five years of the day of the first offense, shall be liable to a fine of not less than $2,000 nor more than $3,500 or to imprisonment for a period not to exceed 15 days, or both; and, upon a third conviction for the same offense committed within five years of the date of the second offense, shall be liable to a fine of not less than $3,500 nor more than $5,000, or to imprisonment for a period not to exceed 15 days, or both. Each week that any such violation continues shall constitute a separate and distinct violation. The owner or owners of any building or premises or part thereof where a violation of any of the provisions of this Code shall exist or any lessee, tenant, builder, contractor, subcontractor, agent, person or corporation employed in connection therewith, and any person who assisted in the creation and/or commission of any such violation, shall each be guilty of a separate offense and, upon conviction thereof, shall be punishable as herein provided.
[Amended 4-20-2010 by L.L. No. 2-2010; 2-21-2012 by L.L. No.
2-2012]
C.
Except as specified in Subsection A or B above, unless a specific penalty is provided elsewhere in this Code or in any other local law for a particular violation, any person committing an offense against any provision of any chapter of this Code or of any other local law which refers to this article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both fine and imprisonment.
[Amended 4-20-2010 by L.L. No. 2-2010]
Whenever an owner of property or a person in
possession or control thereof is required under this Code to make
an improvement, perform any work or do any act on such property in
the interest of public safety, health, comfort or the general welfare
and such person shall fail to make the improvement or perform the
work or act required and the Board of Trustees shall cause such improvement,
work or act to be done on such property or a contract has been awarded
therefor by the Board, the cost of such improvements, work or act
may be assessed, levied and collected as against such property or
owner in the same manner as a tax. Before making such assessment,
levy and collection, the Village shall serve written notice upon the
owner of property of the improvement, work or act to be done, and
a reasonable time for performance shall be given therefor. Upon the
failure to comply within the time given, a hearing shall be scheduled
before the Board of Trustees, upon notice, giving the owner of such
property or a person representing such owner reasonable opportunity
to be heard prior to the Board making or providing for such improvement,
work or act to be done and the cost thereof assessed, levied and collected.
The Village Board may, after a hearing, for
which reasonable notice shall be given to any alleged offender against
the provisions of this Code, assess a civil penalty not exceeding
$2,500 for any offense against the provisions of this Code. The alleged
offender shall be served with a brief outline of the alleged offense
charged and may be represented by counsel at any hearing held by the
Board thereon. The Village may pursue any other remedy permitted by
law, which remedy shall be deemed cumulative and not exclusive. The
civil penalty assessed by the Board shall be deemed prima facie evidence
of the amount thereof in any action or proceeding seeking its recovery
or to enforce the rights of the Village.
Whenever in this Code an activity is proscribed
or prohibited to be performed, permitted, made, aided, countenanced,
encouraged, assisted or the like on any property within the Incorporated
Village of Plandome Manor, or where the creation, establishment, erection,
placement or maintenance of any object, thing, attachment, disturbance,
noise or nuisance shall constitute a violation of a provision of this
Code, the owner, tenant, operator or person in control of any property
on which such activity, object, thing, attachment, disturbance, noise,
nuisance or the like shall occur shall be deemed to have full knowledge
thereof and to have consented to, performed, permitted, made, aided,
countenanced, encouraged, assisted or established, erected, placed
or maintained the same. Nothing herein contained shall be construed
as to impose exclusive liability upon any such owner, tenant, operator
or person in control.
[Amended 4-20-2010 by L.L. No. 2-2010]
Except where otherwise provided, the continuation
of an offense for each successive week shall constitute a separate
violation, and the person or persons allowing or permitting the same
may be punished as provided in this article by either criminal or
civil penalties, or both, for each such separate violation.
The imposition of a penalty as provided herein,
or as specifically provided in any other chapter of this Code or other
law of the Village, 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 for herein. Such
penalty shall not be deemed to be in lieu of any provision for revocation
or suspension of any license or permit.
[Adopted 4-20-2010 by L.L. No. 2-2010]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, and certain resolutions of the Village of Plandome Manor, as codified by General Code, and consisting of Chapters 1 through 225, together with an Appendix, shall be known collectively as the "Code of the Village of Plandome Manor," hereafter termed the "Code." Wherever reference is made in any of the local laws and resolutions contained in the "Code of the Village of Plandome Manor" to any other local law or resolution 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 resolution 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 resolutions in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or resolution. 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 Plandome Manor, 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 as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-9 below.
All local laws of a general and permanent nature of the Village
of Plandome Manor 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 provided for in § 1-9 of this local law shall not affect the following classes of local laws, 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 Plandome Manor 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 Plandome Manor 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 Plandome Manor.
D.
Any agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Plandome
Manor.
E.
Any local law of the Village of Plandome Manor 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 Plandome Manor or any portion thereof.
F.
Any local law of the Village of Plandome Manor 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 Plandome Manor or other instruments or evidence of the Village's
indebtedness.
G.
Local laws 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 relating to salaries and compensation.
K.
Any local law amending the Zoning Map.
L.
Any local law relating to or establishing a pension plan or pension
fund for municipal employees.
M.
Any local law or portion of a local law establishing a specific fee
amount for any license, permit or service obtained from the Village.
N.
Any local law adopted subsequent to July 21, 2009.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law or resolution 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 Plandome Manor 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
Plandome Manor by impressing thereon the Seal of the Village of Plandome
Manor, 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 and resolutions known collectively as the
"Code of the Village of Plandome Manor" or any new local laws or resolutions,
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 resolution contained herein, and such local laws or resolutions
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 Plandome Manor 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 and resolutions 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, local laws or resolutions until such changes, local
laws or resolutions 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 alters or tampers with the Code of the Village
of Plandome Manor in any manner whatsoever which will cause the legislation
of the Village of Plandome Manor 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 resolutions for publication as the Code of the Village of Plandome Manor, no changes in the meaning or intent of such local laws and resolutions have been made, except as provided for in Subsection B hereof. In addition, 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 resolutions had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this local law. (Chapter and
section number references are to the local laws and resolutions as
they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-17B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 4-20-2010 by L.L. No. 2-2010." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
