[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Bay Park: Art. I, 11-8-1989 by L.L. No. 25-1989; Art. II, 5-2-1989 by L.L. No.
19-1989. Amendments noted where applicable.]
[Adopted 11-8-1989 by L.L. No. 25-1989]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions
of the Village of Hewlett Bay Park shall be known collectively as
the "Code of the Village of Hewlett Bay Park," hereafter termed the
"Code." Wherever reference is made in any of the local laws, ordinances
and resolutions contained in the "Code of the Village of Hewlett Bay
Park" to any other local law, ordinance or resolution appearing in
said Code, such reference shall be changed to the appropriate chapter
title, chapter number, Article number or section number appearing
below, as if such local law, ordinance 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, ordinances 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, ordinances 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, ordinance 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 Hewlett Bay Park, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All local laws and ordinances of a general and permanent nature
of the Village of Hewlett Bay Park 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continued in force by reference therein are hereby repealed from and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 §
1-3 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 Hewlett Bay Park prior to the effective
date of this local law, or any action or proceeding brought for the
enforcement of such right or liability.
B. An
offense or act committed or done before the effective date of this
local law in violation of any legislative provision of the Village
of Hewlett Bay Park, 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 Hewlett Bay Park.
D. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Village of Hewlett Bay Park.
E. Any
local law or ordinance of the Village of Hewlett Bay Park 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 Hewlett Bay Park or any portion
thereof.
F. Any
local law or ordinance of the Village of Hewlett Bay Park 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 Hewlett Bay Park 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 or obligation.
H. The
levy or imposition of special assessments or charges.
I. The
dedication of property.
J. Any
legislation relating to salaries.
K. Any
local law or ordinance amending the Zoning Map.
L. Any
legislation adopted subsequent to May 1, 1989.
If any clause, sentence, paragraph, section, Article or part
of this local law or of any local law, ordinance 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 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 Hewlett Bay Park 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 to by the Village Clerk of the
Village of Hewlett Bay Park by impressing thereon the Seal of the
Village of Hewlett Bay Park, 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 the 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, ordinances and resolutions known collectively
as the "Code of the Village of Hewlett Bay Park," 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, ordinance or resolution contained herein, and such
local laws, ordinances 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 Hewlett Bay Park 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 may be purchased from the Village Clerk of
the Village of Hewlett Bay Park upon the payment of a fee to be set
by resolution of the Board of Trustees, which Board may also arrange
by resolution for procedures for the periodic supplementation thereof.
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 Hewlett Bay Park, or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Village of Hewlett Bay Park 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, ordinances and resolutions for publication as the Code of the Village of Hewlett Bay Park, no changes in the meaning or intent of such local laws, ordinances 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, ordinances and resolutions had been previously formally amended to read as such.
B. In addition, the following changes, amendments or revisions are made
herewith, to become effective upon the effective date of this local
law. (Chapter and section number references are to the local laws,
ordinances and resolutions as they have been renumbered and appear
in the Code.)
C. The following sections are hereby amended to delete the specific
amounts of the fees and bonds required therein and to replace said
amounts with a provision that such amounts shall be as established
by the Board of Trustees.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Hewlett Bay Park, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to 1-14, inclusive.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
[Adopted 5-2-1989 by L.L. No. 19-1989]
Except as otherwise provided herein, the penalties provided
in this Article shall be applicable to any violation of any law, ordinance
or regulation of the Village of Hewlett Bay Park committed on or after
the effective date of this Article.
With respect to any violation of any provision of the Building
Zone Ordinance of the Village of Hewlett Bay Park adopted prior to
September 1, 1974, any owner, general agent or contractor of a building or
premises where such violation has been committed or shall exist, and
the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, and the owner, general
agent, contractor, lessees or tenant of any part of a building or
premises in which part such violation has been committed or shall
exist, and the general agent, architect, building contractor or any
other person who commits, takes part or assists in such violation
or who maintains any building or premises in which such violation
shall exist, shall be punishable by a fine of not more than $350 for
conviction of a first offense. For conviction of a second offense,
both of which were committed within a period of five years, such person
shall be punishable by a fine of not less than $350 nor more than
$700. For conviction of a third or subsequent offense, all of which
were committed within a period of five years, such person shall be
punishable by a fine of not less than $700 nor more than $1,000. Each
week's continued violation shall constitute a separate, additional
violation.
Each person who violates any provision of any other law, ordinance
or regulation of the Village of Hewlett Bay Park (other than a law,
ordinance or regulation applicable to the operation of motor vehicles)
shall, for each and every day that said violation continues, be subject
to a fine of not more than $1,000.
[Added 7-14-1994 by L.L. No. 2-1994]
A. In addition to any other provision of this Code providing for penalties or sanctions or enforcement, in the event of violation of any provision of the Village Code (other than violations of Chapter
138), the village may pursue the remedies and procedures provided in this section for the purposes of enforcing the provisions of this Code and to remediate any such violations.
B. Upon written report to the Board of Trustees informing the Board
of Trustees that any person or entity may be in violation of any provision
of this Code, or that a violation of this Code may exist on any property
within the village, the Board of Trustees may direct that such person
or entity (including any person who may be an owner or person in control
of the property where such violation exists) appear before the Mayor,
or before the Board of Trustees, at a designated time and place to
show cause why it should not be determined by the Mayor or the Board
of Trustees, as the case may be, that such violation exists, and why
such person or entity should not be required to remove such violation
at the expense of such person or entity.
C. After giving such person or entity a reasonable opportunity to be
heard at such designated time and place, or any adjourned date thereof,
the Mayor or the Board of Trustees, as the case may be, may determine
that such violation exists, and may direct that notice be given to
such person or entity directing such person or entity to remove or
remediate the same as may be directed in such notice, within a period
of time specified in such notice. Any notice pursuant to this subsection
shall include notification to the person or entity to whom it is addressed
that failure to comply with any direction contained therein shall
be subject to enforcement as provided in this section.
D. In the event that the person or entity to whom such notice is given
fails to comply with any direction contained in such notice, the Board
of Trustees may authorize appropriate work to be done, services to
be rendered or activities to be conducted to remove or cure the specified
violations and may authorize that the cost thereof be paid from general
funds of the Village appropriated for such purpose.
E. The Village shall be reimbursed for any expenses incurred pursuant to Subsection
E of this section, including the cost of any professional services reasonably required by the Village for compliance with the provisions of this section, and such reimbursement shall be made by the owner of the property upon which such work was performed or services were provided. In the event that such reimbursement is not made within 30 days after written demand therefor, the amount so unpaid shall be included as an additional assessment against the property of such owner in the same manner as taxes due to the Village, in the manner provided by law.
F. Any notice required to be given by this section may be served upon
any person or entity by personal delivery or by certified mail, return
receipt requested, addressed to such person at the last known address
for such person, and if no such address is known, at the address of
the property.
[Amended 3-8-2004 by L.L. No. 1-2004]
A. Every person convicted of an offense pursuant to the New York State
Vehicle and Traffic Law shall be punished by a fine not exceeding
the maximum fine permitted pursuant to the Vehicle and Traffic Law,
or imprisonment not exceeding the maximum term prescribed in the Vehicle
and Traffic Law, or both such fine and imprisonment, and each such
person also shall be required to pay all surcharges or other penalties,
if any, provided for by law.
B. Every person convicted of a violation of any law, ordinance or regulation
of the Village of Hewlett Bay Park applicable to the operation of
a motor vehicle shall be punished by a fine not to exceed $1,000.
To the extent that this article is inconsistent with or in contravention
of the provisions of Village Law § 20-2006, Subdivisions
1a and 1-a, this article shall be deemed to have superseded and amended
the said provisions of the Village Law.
Except as otherwise provided herein, all penalty provisions
heretofore enacted by the Village of Hewlett Bay Park shall be and
hereby are repealed.
This Article shall take effect immediately upon filing pursuant
to the Municipal Home Rule Law, except that the provisions of this
article shall not affect any proceedings or prosecutions presently
pending with respect to any violation committed before the effective
date of this article, as to which such violation the penalty provisions
repealed or superseded by this article shall remain effective.