Village of Roslyn, NY
Nassau County
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A. 
Enforcement officer. This chapter shall be enforced by the enforcement officers designated by the Board of Trustees in Chapter 25 of this Code, including the Building Inspector, and by such other officers who shall from time to time be designated by resolution of the Board of Trustees.
B. 
Inspection authority. In the discharge of their duties, said Building Inspector, the Code Enforcement Officer or any duly authorized subordinate shall have the right, upon proper identification, to enter upon any land or into any building or structure at any reasonable hour.
C. 
Records kept. Said Building Inspector shall file and maintain records of all applications, building permits, certificates of occupancy, complaints of violation and actions taken.
D. 
Compliance. No officer, board, agency or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any erection, demolition or relocation of any building or structure or for any use of any land or building that is not in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of any of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, license, certificate or authorization shall be unlawful and no action shall be taken by any officer, board, agency or employee of the Village, including the Board of Appeals, purporting to validate any such violation.
A. 
No building or structure shall be erected, enlarged, extended, altered, reconstructed, demolished, or moved until a building permit therefor has been approved by the Building Inspector and issued by the Village Clerk/Treasurer.
B. 
Every application for a building permit shall be in triplicate and sworn to by the applicant authorized, in writing, by the owner and shall be filed with the Building Inspector accompanied by an existing survey.
C. 
Such application shall be accompanied by two ink, blueprint or photostat copies of plans for any building or structure and plot plan, together with two copies of specifications for the construction covered by the application.
D. 
Said plan for any building or structure and said plot plan shall be drawn to scale by an architect or professional engineer licensed to practice in the State of New York and his or her seal affixed thereto; provided, however, that said plan for any building or structure and said plot plan need not be drawn by such an architect or engineer if the application is:
(1) 
For a permit for the alteration or extension of a building or structure and the Building Inspector finds, and so endorses on the plan for such building or structure and the plot plan, that the proposed construction would not affect the structural safety of the building or the safety of the occupants thereof.
(2) 
For a permit for the erection of a single- or double-vehicle detached garage the cost of which does not exceed $20,000.
E. 
Said plan for such building or structure and said plot plan shall show exactly the following:
(1) 
The lines, angles and dimensions of the lot.
(2) 
The location and dimensions of any existing building or structure, including any porch or accessory building on the lot.
(3) 
The lines within which any proposed building or structure, including any porch or accessory building, is to be erected, showing all setback lines.
(4) 
The existing and intended use of each building or structure or part thereof, including the number of dwelling units.
(5) 
The location, dimensions, surfacing and grades of any existing and proposed automobile parking area and spaces.
(6) 
The location, widths, grades and surfacing of existing and proposed driveways leading to such parking area and spaces.
(7) 
Such other information as may be prescribed as necessary by the Building Inspector for proper determination and enforcement.
F. 
Upon approval of the application, one copy of such plans for the building(s) or structure(s), plot plan and specifications shall be returned to the applicant and the other copy shall be filed with the Building Inspector.
G. 
At all times while the work is in progress, the building permit shall be attached to or visibly displayed on the front door or a front window of the building or structure.
A. 
A certificate of occupancy, certifying compliance with this chapter, shall be required before any building or structure shall be occupied or used. Such certificate shall be issued only after approval by the Building Inspector, prior to any of the following:
(1) 
Use or occupancy of a building or structure hereafter erected, altered, enlarged, extended or moved, in whole or in part.
(2) 
Use, occupancy or change of use of an existing building, land or premises.
B. 
Written application for a certificate of occupancy shall be made to the Building Inspector by an applicant authorized in writing by the owner. If the proposed use is in all respects in conformity with the provisions of this chapter and all other applicable laws and ordinances, said certificate shall be issued by the Building Inspector.
(1) 
Written application for such certificate for a building shall be made at the same time as the application for the building permit for such building.
(2) 
If applicable, before the issuance of a certificate of occupancy, there shall be filed with the Village Clerk/Treasurer an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his or her experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which the certificate of occupancy is sought and that the structure has been erected in accordance with the approved plans.
(3) 
Any building or structure for which a certificate of occupancy is required under the provisions of this section or any other provision of law, or of this chapter or any other regulations, local law or rule of the Village, shall not be used or occupied until the Building Inspector has issued a certificate of temporary use therefor or, in the event of his refusal to issue the same for reasons of safety, until the issuance of the certificate of completion or certificate of occupancy required by this section. The Building Inspector is hereby authorized to issue any such certificate of temporary use, or a temporary certificate of occupancy, if in the opinion of the Building Inspector such certificate would not expose any person to such hazards during completion of construction as to endanger the life, health or safety of any such person, provided that the duration of such certificate of temporary use or temporary certificate of occupancy shall not exceed six months. One extension of the certificate of temporary use or the temporary certificate of occupancy for up to six months may be granted by the Building Inspector. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Village relating to the use or occupancy of the land or building or any other matter covered by this chapter.
C. 
In the case of any change in the use or occupancy, or in the case of any new construction, alteration, erection, modification, enlargement or addition, or other change to an existing building or structure subject to the terms of this chapter or any other regulation, local law or ordinance of the Village or of the State of New York, no certificate of occupancy shall be issued, or amended, before the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit for a change in the use or type of occupancy, or in the case of any new construction, or in the case of any alteration, erection, modification, reconstruction, addition, or other change to an existing building or structure, and the Building Inspector may conduct such inspections as he or she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
D. 
In the case of any request for a duplicate or copy of any certificate of occupancy previously issued by the Village, no such duplicate or copy shall be issued before an inspection of the premises covered or alleged to be covered by such certificate has been made and completed by the Building Inspector and a certificate of compliance, based on such inspection, has been first issued to the applicant therefor.
E. 
In the case of any request for a duplicate or copy of a certificate of occupancy, where the premises, and any buildings or structures thereon, was improved prior to the issuance of such certificate by the Village, no letter in lieu of such certificate and/or certificate of continued use shall be issued before an inspection has been made in accordance with the preceding subsection and a certificate of compliance, based on such inspection, has first been issued to the applicant therefor.
F. 
Every certificate of occupancy issued under the provisions of this section, and every letter-in-lieu thereof issued in its place and stead in the event that no such certificate was required by law at the time a subject parcel was improved by habitable buildings or structures presently erected thereon, shall indicate on the face thereof that no reliance may be placed on the legal validity of the same after 90 days from the date of issuance appearing thereon, unless and until such certificate or letter has been revalidated by the Village Building Inspector. Revalidation shall be made only after application in writing on forms supplied by the Village on and after an inspection and issuance of a certificate of compliance by the Building Inspector. Such revalidation, if any, shall be good for 90 days from the date of issuance.
G. 
In the event that an inspection required by this section reveals violations of any provision of this Code or of the New York Uniform Fire Prevention and Building Code, or of any other building, plumbing or zoning regulation of the Village, then a notice of violation shall be issued to the owner of the premises and said owner shall have 30 days to remove or correct said violations or, failing same, his application for any certificate under the provisions of this section shall be denied and a summons or appearance ticket issued for such violations. Upon the serving of notice of any violation, as provided in this chapter, any existing certificate of occupancy for any building, structure or land, or the use thereof, shall thereupon become null and void and a new certificate of occupancy in conformity with this chapter shall be required for any further use of such building, structure or land. A notice to such effect shall be served upon or mailed (certified mail, return receipt requested) to the owner of record of such premises within five business days of the issuance of any such summons or appearance ticket and shall be entered into the property records for such premises maintained by the Village.
H. 
Applications for a certificate of occupancy, a duplicate thereof, or for a letter in lieu thereof, as the case may be, shall be made on forms provided therefor by the Village Clerk/Treasurer's office. Said applications shall be accompanied at the time of filing by an application and inspection fee in the amount as provided in § 470-115 and by a copy of an up-to-date property survey or, in lieu thereof, a copy of an existing survey updated by a survey inspection.
I. 
In the event that any person(s) other than the owner of the premises shall apply for a certificate required by this section, such person shall provide satisfactory evidence that he is acting as the attorney in fact or lawful agent of the actual owner or shall submit an authorization from said owner, duly executed and acknowledged by him, stating that said other person is authorized to act on his behalf. Absent such evidence, in form satisfactory to the Village Clerk/Treasurer at the time of applying therefor, no application for the processing of such certificates shall be filed or accepted by the Village.
J. 
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to any regulation, rule, ordinance, or law of the Village of Roslyn, the Building Inspector may require the same to be subjected to tests, at the owner's expense, in order to furnish proof of such compliance.
K. 
Anything herein to the contrary notwithstanding, an owner, anyone acting on behalf of the owner or any other person shall be entitled to obtain a photocopy of a previously issued certificate of occupancy, certificate of completion or letter in lieu thereof as a copy of a public record; provided, however, that in such event the Village Clerk/Treasurer shall endorse on said photocopy a statement indicating that no reliance may be placed on the legal validity of said certificate or letter, as the case may be, from the date of original issuance appearing thereon unless and until such certificate or letter has been revalidated by the Building Inspector, as provided in this section.
L. 
No certificate of occupancy shall be deemed to validate any violation of any provisions of this chapter or any other law or ordinance.
M. 
The Building Inspector shall index all building code, zoning code, and other violations issued by the Building Inspector, or by those acting at his direction, against the records maintained for certificates of occupancy by the Department of Building and Code Enforcement, and any such violations shall be listed when any request is made for a certificate of occupancy, a duplicate thereof, or for a letter in lieu thereof.
[Amended 9-21-2010 by L.L. No. 1-2010]
N. 
The applicant shall be required to pay the fees as set forth in the schedule of fees in § 470-115.
A. 
Applications for special permits.
(1) 
Where a special permit is required by any provision of this chapter, an application for such permit shall be made to the Board of Trustees.
(2) 
Any application for a special permit shall be made in writing and contain such information and be in such form as may be required by the Board of Trustees.
(3) 
An application for a special permit shall be made only by the owner of the property involved or by an agent authorized in writing by the owner or by a person, firm or corporation or other business entity under bona fide contract to purchase the same.
(4) 
Where required by the General Municipal Law, the application shall be forwarded to the Nassau County Planning Commission for its review.
[Added 9-21-2010 by L.L. No. 1-2010]
(5) 
When an application for a special permit involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Board of Trustees shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.
[Added 9-21-2010 by L.L. No. 1-2010; 6-17-2014 by L.L. No. 8-2014]
B. 
Public hearing. Before any decision on or authorization of a special permit, the Board of Trustees shall hold a public hearing after due notice. Notice shall be provided by the applicant to all those record owners within 300 feet of the property which is the subject of the application. Such notice shall be sent to the record landowners by certified mail, return receipt requested, not less than 15 days before the public hearing. Evidence of compliance with this section shall be provided by the applicant prior to or at the public hearing.
[Amended 9-18-2007 by L.L. No. 6-2007]
C. 
Standards. The Board of Trustees, in its consideration of and decision on an application for a special permit, shall be guided (without limitations) by the following standards and considerations:
(1) 
The purposes of zoning set forth in the Village Law of the State of New York.
(2) 
That the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties, the neighborhood and the Village.
(3) 
That the proposed use is or will be necessary or desirable to the neighborhood or Village in that it will provide a service, facility or convenience or otherwise contribute to the proper growth and development of the community and to its general welfare.
(4) 
That the proposed use shall not be hazardous, inconvenient, conflicting or incongruous to the surroundings, neighborhood or Village by reason of excessive traffic, assembly of persons or vehicles, proximity to normal travel routes or congregation of children or pedestrians.
(5) 
That 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 will not be hazardous or inconvenient to the residential character of the neighborhood or conflict with the normal traffic on the residential streets.
(6) 
That the proposed use, site layout, location, height, signs, walls, fences and landscaping will not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.
(7) 
That the proposed use, site layout, location, size or operation will not be objectionable to nearby dwellings by reason of noise, lights or other factors of impact.
(8) 
That the proposed use, location, size, site layout and nature of use will be a harmonious part of the district in which it is to be situated.
(9) 
That the location and size of the use, the nature and intensity of the operations in or conducted in connection with it, its site layout and its relation to streets giving access to it will be such that vehicular traffic will not be more hazardous than the normal traffic of the district, taking into account such factors as street intersections, traffic flow, sight distances and pedestrian traffic.
D. 
Authority.
(1) 
The Board of Trustees, pursuant to this article, may authorize a special permit and, furthermore, may impose such conditions, modifications and safeguards as it deems appropriate, necessary or desirable to preserve the intent of this chapter.
(2) 
The Board of Trustees shall not authorize any special permit for any use or purpose that is not specifically permitted in this chapter.
(3) 
Any decision with regard to an application for a special permit shall be by a resolution of the Board of Trustees and shall include a statement of the reasons therefor.
(4) 
The Board of Trustees may make such rules as it deems appropriate for implementing this article.
E. 
Expiration, lapse, extension and reinstatement of special permit. Any special permit granted pursuant to this chapter shall automatically expire and be of no further force and effect six months after the granting thereof unless, within such six-month period, substantial construction shall have been commenced. Such construction must be completed within one year of the date of commencement of substantial construction. The Board of Trustees shall be authorized, upon application and without hearing, to grant extensions of the special permit for periods not to exceed six months in duration or to reinstate a lapsed special permit for good cause shown.
F. 
Extinguishment of special permit. Whenever a use established pursuant to a special permit shall have been abandoned for a term of six months, or whenever the location of such a use is substantially destroyed, the land, building or structure in which said use shall have existed shall not thereafter be used for the previously established special use. Such six-month period of abandonment may be discontinued only by 30 or more consecutive business days of operation. A use shall be substantially destroyed if the cost to repair and replace the structure exceeds 50% of the current structural replacement value thereof.
G. 
Revocation of special permit. Any special permit granted pursuant to this chapter shall be revocable on the order of the Board of Trustees at any time upon the failure of the owner or the operator of the use or structure covered by the special permit to observe all requirements of this chapter with respect to the maintenance and conduct of the use or structure or upon failure to observe all conditions in connection with such permit. The Board of Trustees shall give the holder of the special permit at least 10 days' written notice of violation. If within such 10 days the special permit holder so requests, the Board of Trustees shall hold a hearing on the revocation of such special permit and shall give the applicant for the hearing at least 10 days' written notice thereof either by certified mail, return receipt requested, or by personal service. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter or of any conditions of the special permit. The violation of any condition imposed by the Board of Trustees as part of a special permit shall constitute a violation of this chapter.
H. 
Reimbursable expenses. No special permit shall be issued pursuant to the provisions of this article until all expenses incurred by the Board of Trustees for consultation fees (including engineering, architectural and legal) or other extraordinary expenses in connection with the review of the application are reimbursed to the Village by the applicant. At the time of application, the applicant shall deposit with the Village Clerk/Treasurer such amount to cover consultation fees and extraordinary expenses as shall be established, from time to time, by resolution of the Board of Trustees. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Board of Trustees.
I. 
Fees. Application for any permit or renewal thereof required to be issued by the Board of Trustees shall be accompanied by a fee and deposit in accordance with § 470-115 of this chapter. The payment of any fee or deposit in connection with the application shall be a condition precedent to the acceptance of the application.
A. 
Organization and membership. There shall be a Zoning Board of Appeals in accordance with the provisions of the Village Law of the State of New York. Said Board shall consist of five members and shall be appointed as provided by statute. Each member of the Zoning Board of Appeals shall complete, at a minimum, four hours of training each year in accordance with § 7-712, Subdivision 7-a of the Village Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of said Board that is conferred by law:
(1) 
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.
(2) 
Variances.
(a) 
Use variances.
[1] 
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
[2] 
"Use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
[3] 
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[a] 
The applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence;
[b] 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[c] 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[d] 
The alleged hardship has not been self-created.
[4] 
When an application for a use variance involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Board of Trustees shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.
[Added 9-21-2010 by L.L. No. 1-2010; amended 6-17-2014 by L.L. No. 8-2014]
[5] 
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(b) 
Area variances.
[1] 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
[2] 
"Area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
[3] 
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider whether:
[a] 
An undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[b] 
The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[c] 
The requested area variance is substantial;
[d] 
The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[e] 
The alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
[4] 
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3) 
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.[2]
[2]
Editor's Note: Original § 15.905B(4), Revocation of variances, which immediately followed this subsection, was repealed 9-21-2010 by L.L. No. 1-2010. See Subsection B(6), Revocation of variance, of this section.
(4) 
Expiration, lapse, extension and reinstatement of variance. Any variance granted pursuant to this chapter shall automatically expire and be of no further force and effect six months after the granting thereof unless, within such six-month period, substantial construction shall have been commenced. Such construction must be completed within one year of the date of commencement of substantial construction. If construction is not completed within the one-year period the variance shall automatically expire and be of no further force and effect. The Zoning Board of Appeals shall be authorized, upon application and without hearing, to grant extensions of the variance for periods not to exceed six months in duration or to reinstate a lapsed variance for good cause shown.
(5) 
Extinguishment of variance. Whenever a use established pursuant to a variance shall have been abandoned for a term of six months, or whenever the location of such use is substantially destroyed, the land, building or structure in which said use shall have existed shall not thereafter be used for the previously established use. Such six-month period of abandonment may be discontinued only by 30 or more consecutive business days of operation. A structure shall be substantially destroyed if the cost to repair and replace said structure exceeds 50% of the current structural replacement value thereof.
(6) 
Revocation of variance. Any variance granted pursuant to this chapter shall be revocable on the order of the Zoning Board of Appeals at any time upon the failure of the owner or the operator of the use or structure covered by the variance to observe all requirements of this chapter with respect to the maintenance and conduct of the use or structure or upon failure to observe all conditions in connection with such variance which were designated by the Zoning Board of Appeals in issuing the same. Prior to revoking any such variance, the Zoning Board of Appeals shall give the holder of the variance at least 10 days' written notice of violation. If within such 10 days the variance holder so requests, the Zoning Board of Appeals shall hold a hearing on the revocation of such variance and shall give the applicant for the hearing at least 10 days' written notice thereof either by certified mail, return receipt requested, or by personal service. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter or of any conditions of the variance. The violation of any condition imposed by the Zoning Board of Appeals as part of a variance shall constitute a violation of this chapter.
C. 
Procedure.
(1) 
All appeals and applications made to the Board of Appeals shall be in writing on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case. It shall refer to the specific provision of this chapter that is involved and shall exactly set forth, as the case may be, the interpretation that is claimed on an allegation of error or the variance that is applied for and the grounds on which it is claimed that the same should be granted. The Secretary of the Board shall not receive nor shall the Board consider any appeal or application that does not fully contain the information required herein. Where required by the General Municipal Law, the application shall be forwarded to the Nassau County Planning Commission for its review.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Any further proposal by the applicant or appellant in respect to either any addition to or modification of the content of the proposal covered by the application or appeal or any offer made in connection therewith shall be made only in the form of an amended application or appeal. The filing of any such amended application or appeal shall terminate all proceedings on the original application or appeal and shall require the holding of a new hearing, of which notice shall be given as in the first instance.
(3) 
Meetings, minutes and records. Meetings of such Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
(4) 
Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Village Clerk/Treasurer within five business days and shall be a public record.
(5) 
Assistance to Zoning Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board of Trustees. Such department, agency or employee shall be reimbursed by the applicant or appellant for any expenses incurred as a result of such assistance.
(6) 
Hearing appeals. Unless otherwise provided by local law, the jurisdiction of the Zoning Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of this chapter. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Village other than the Board of Trustees.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(7) 
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of this chapter by filing with such administrative official and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forth with transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(8) 
The applicant or appellant shall be required to provide notice of the hearing upon a form approved by the Zoning Board of Appeals to all record landowners within a three-hundred-foot radius of the property which forms the subject of the appeal or application as said record owners appear on the most current tax rolls of the Nassau County Assessor's office. Such notice shall be sent to the record landowners by certified mail, return receipt requested, not less than 15 days before the public hearing. Evidence of compliance with this subsection shall be provided by the appellant or applicant prior to or at the public hearing. In addition, the Secretary of the Zoning Board of Appeals shall publish notice of the hearing not less than 10 days prior to the hearing date.
(9) 
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrative official charged with the enforcement of this chapter, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown. Any continued, new or additional construction shall be deemed to cause imminent peril to life or property.
(10) 
Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(11) 
Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Village Clerk/Treasurer within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(12) 
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members of the Zoning Board of Appeals, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
(13) 
The applicant shall be required to pay the fees as set forth in the schedule of fees in § 470-115.
Fees and deposits for various permits, licenses and proceedings authorized by this chapter shall be in the amounts set forth in the Schedule of Fees and Deposits annexed to this chapter, which schedule may be amended from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The Schedule of Fees and Deposits is on file at the office of the Village Clerk/Treasurer.
A. 
Authority. In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained or any building, structure, land or premises is used in violation of this chapter or any regulation or requirement made pursuant thereto, or under authority conferred thereby, in addition to other lawful remedies, the Board of Trustees or, with its approval, the enforcement officer may, pursuant to § 7-714 of the Village Law, institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, land or premises; or to prevent any illegal act, conduct, business or use in or about such premises.
B. 
Discovery of violation. The enforcement officer shall determine the existence of violations of the provisions of this chapter through such investigations as he or she shall conduct pursuant to the issuance of building permits and certificates of occupancy and through the prompt investigation of such written complaints as are filed with him or her by persons having reason to believe that such violations exist. The enforcement officer may also determine the existence of such violations by means of investigations conducted at his or her own initiative.
C. 
Procedure for abatement of violations.
(1) 
Notice of violation. Upon finding violation of the provisions of this chapter, the enforcement officer shall serve written notice either by personal service or certified mail, addressed to the premises of such violation, on the person committing or permitting such violation or on the owner of the property. Such notice shall specify the nature of such violations as exist and specify a reasonable time limit of not less then five days within which compliance shall be achieved.
(2) 
Legal action. The enforcement officer shall, upon failure of the responsible party to comply with a violation order within the specified time, refer the matter to the Board of Trustees so that the Board of Trustees may, by resolution, direct the Village Attorney to undertake appropriate legal action against such party.
D. 
Penalties for violation. Any person, corporation, or other entity, whether as owner, lessee, architect, building contractor or the agent or employee of any of them, who or which violates or is accessory to the violation of any provision of this chapter or any regulation made under the authority conferred by this chapter, or who or which shall erect, construct, alter, enlarge, convert or move any building or structure without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter, or who or which shall use any building, structure or land in violation of this chapter or any regulation made under the authority conferred by this chapter or in violation of the provisions of any building permit (including a special use permit) or without a building permit or certificate of occupancy where one is required by this chapter shall be guilty of an offense punishable by a fine of not more than $1,000 or imprisonment of not more than 15 days, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years shall be punishable by a fine of not more than $3,000 or imprisonment of not more than 15 days, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, shall be punishable by a fine of not more than $5,000 or imprisonment of not more than 15 days, or both. Each week during which a condition, building, structure or use prohibited by this chapter or any requirement or regulation made pursuant thereto (including the violation of a condition imposed as part of a variance grant or as part of a special permit issuance, the violation of which shall be a violation of this chapter) continues or is maintained shall constitute a separate additional violation.
[Amended 12-15-2009 by L.L. No. 6-2009]
The Board of Trustees may from time to time, on its own motion or on petition, after such public notice and hearing as required by the Village Law, amend, supplement or change the regulations and districts herein established, in accordance with the Village Law and other applicable laws.