[Amended 3-3-1951; 3-21-2005 by L.L. No. 3-2005]
No lot area shall be reduced or diminished so that the area
of the lot, yard or other open spaces shall be smaller than prescribed
by this chapter.
On any corner lot, no wall, fence or other structure shall be
erected or altered and no hedge, tree, shrub or other growth shall
be maintained which may cause danger to traffic on a street by obscuring
the view.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals and the general welfare of the public.
It is not intended by this chapter to interfere with or abrogate or
annul any Village Building Code or any rules and regulations adopted
or issued thereunder or the rules and regulations of the Board of
Health of the Village of Huntington Bay and not in conflict with any
of the provisions of this chapter; provided, however, that where this
chapter imposes a greater restriction upon the use of buildings or
premises or upon the height of a building or requires larger open
spaces than are imposed or required by such ordinances, rules and
regulations, the provisions of this chapter shall control.
A.
Fines.
[Amended 5-11-1987 by L.L. No. 1-1987; 10-14-1986 by L.L. No.
2-1986; 1-14-2002 by L.L. No. 2-2002; 12-13-2010 by L.L. No.
2-2010; 9-8-2014 by L.L. No. 2-2014]
(1)
For
any and every violation of the provisions of this chapter, and provided
that the following persons shall have been notified by the Village
Building Inspector, by issuance of a stop-work order and followed
by the service of a summons by certified mail or delivery by a police
officer in a prosecution, or in any other way, that he is committing
a violation of this chapter, the owner, general agent or contractor
of a building or premises where such violation has been committed
or shall exist, and the owner, general agent, contractor, lessee or
tenant of any part of a building or premises in which such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who knowingly commits, takes
part in or assists in any such violation or who maintains any building
or premises in which any such violation shall exist, shall be liable,
on conviction thereof, as follows:
(a)
To a fine of $1,500 for conviction of a first
offense, or imprisonment for not more than 15 days, or both.
(b)
To a fine of $3,000 for conviction of a second
offense, or imprisonment for not more than 15 days, or both.
(c)
To a fine of $4,500 for conviction of a third
offense and any subsequent offense, or imprisonment for not more than
15 days, or both.
(2)
Each week's continued violation when a stop-work order
has been issued shall constitute a separate additional violation and
shall be considered a separate offense. Such fines shall be collected
as like fines are now collected by law.
B.
A violation of this chapter shall constitute disorderly conduct and
the person violating same shall be a disorderly person.
[Added 3-3-1951]
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used, in violation of this chapter or of any regulation
made pursuant thereto, in addition to other remedies provided by law,
any appropriate action or proceeding, whether by legal process or
otherwise, may be instituted or taken to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, or to restrain, correct or abate such violation, or to prevent
the occupancy of said building, structure or land, or to prevent any
illegal act, conduct, business or use in or about such premises.
[Added 10-21-2013 by L.L. No. 3-2013]
It shall be unlawful for any person, firm, corporation or other legal entity to erect, construct, alter, repair, convert, maintain or use any building, structure or land, or permit any building, structure or land to be used or occupied, in violation of this chapter and any other applicable Village laws and ordinances, the Uniform Code, the Energy Code, the New York State Property Maintenance Code and any condition imposed or covenant required by the Board of Trustees, Zoning Board of Appeals or Planning Board as a condition of approval of any change of zone, permit, special permit, variance, grant, subdivision or site plan. Such unlawful actions shall be deemed a violation punishable under the provisions of §§ 91-28 and 91-29.
