Village of Malone, NY Article XIV Penalties; Enforcement; Amendments

§ 66-44 Penalties for offenses.

A. 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 act or of any ordinance or other regulation made under authority conferred thereby, the Board of Trustees, in addition to other remedies, shall institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, 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.

B. Any person or persons, firm or corporation violating any of the provisions of this ordinance, in addition to the above described remedies, shall forfeit and pay a penalty of $100 for each and every day that said violation continues, and in addition to the penalty, a violation of this ordinance shall constitute disorderly conduct and the person violating the same shall be a disorderly person.

§ 66-45 Complaints of violations.

Whenever a violation of this ordinance occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Board of Trustees.

§ 66-46 Enforcement.

This ordinance shall be enforced by the Building Inspector or other designated official who shall be appointed by the Board of Trustees. No building permit or certificate of occupancy shall be issued by him except where the provisions of this ordinance have been complied with.

§ 66-47 Interpretation; conflict with other laws.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

§ 66-48 Severability.

If any part or provision of this ordinance or the application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this ordinance or the application thereof to other persons or circumstances, and the Board of Trustees hereby declares that it would have enacted this ordinance or the remainder thereof had the invalidity of such provision or application thereof been apparent.

§ 66-49 Amendments.

A. The Board of Trustees may from time to time on its own motion, or on petition, or on recommendation of the Planning Commission, amend, supplement, change, modify or repeal the regulations, boundaries and provisions of this ordinance.

B. Every such proposed amendment or change, whether initiated by the Board of Trustees, the Planning Commission or by petition, shall be referred to the Planning Commission for a public hearing which shall be held within 20 days of the referral upon notice to be given by publishing a notice at least five days prior to said hearing in at least one newspaper of general circulation in such Village. The Planning Commission shall, within 10 days of said public hearing, report in writing to the Board of Trustees its recommendation with respect to the proposed amendment or change.

[Amended 2-17-1987 by L.L. No. 1-1987]

C. Upon receipt of the recommendation of the Planning Commission, the Board of Trustees, by resolution adopted at a stated meeting, may fix the time and place for a public hearing on the proposed local law which would amend or change Chapter 66 of the Code of the Village of Malone. Notice of the proposed local law and of the public hearing thereon shall be given as follows:

[Amended 2-17-1987 by L.L. No. 1-1987]

(1) By following the provisions of Chapter 2 of the Code of the Village of Malone with respect to adopting local laws.

(2) By mailing a notice thereof to every association of residents of the Village which shall have registered its name and address for this purpose with the Village Clerk and to all other organizations, corporations or governmental entities specified in § 7-706 of the Village Law, where required.

(3) The notice shall state the general nature of the proposed local law.

D. Whenever the owners of 50% or more of the street frontage in any district or any specified part thereof shall present to the Board of Trustees a petition duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for the zoning maps, including such district or specified part thereof and provided that the Planning Commission recommends such amendment or change after a public hearing as provided in Subsection C above, it shall be the duty of the Board of Trustees to hold a public hearing on a proposed local law which would amend or change Chapter 66 of the Code of the Village of Malone in conformity with the petition of the property owners.

[Amended 2-17-1987 by L.L. No. 1-1987]

E. In case of a protest against such proposed amendment, supplement or change signed by the owners of 20% or more of the area of the land included in such proposed change, or the land immediately adjacent extending 100 feet therefrom, or the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by a favorable vote of 3/4 of the members of the Board of Trustees.