[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
A.
ATTORNEY
BOARD OF APPEALS or ZONING BOARD OF APPEALS
BOARD OF TRUSTEES, VILLAGE BOARD, or BOARD
BUILDING INSPECTOR
CLERK
CODE
COUNSEL
COUNTY
COUNTY CLERK
DIRECTOR OF WEIGHTS AND MEASURES or SEALER OF WEIGHTS AND MEASURES
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
HEALTH OFFICER
MAYOR
OWNER
PERSON
PLANNING BOARD
POLICE CHIEF or CHIEF OF POLICE
POLICE COMMISSIONER
REGISTRAR OF VITAL STATISTICS
ROAD COMMISSIONER
STATE
TENANT
TRUSTEE
VILLAGE, THIS VILLAGE, or VILLAGE OF OLD BROOKVILLE
VILLAGE ATTORNEY
VILLAGE CLERK or CLERK
VILLAGE JUSTICE or POLICE JUSTICE
VILLAGE TREASURER
Specific
terms. When used in this Code, unless otherwise expressly stated or
unless the context or subject matter otherwise requires, the following
terms shall have the meaning indicated:
The Village Attorney of the Village of Old Brookville, New
York, or legal counsel retained by the Village to render legal advice
and other related services.
The Board of Appeals of the Village of Old Brookville, New
York, appointed in accordance with the provisions of this Code and § 7-712
of the Village Law.
The Board of Trustees of the Village of Old Brookville, New
York.
The enforcement officer of the Village of Old Brookville,
New York, appointed by the Mayor, subject to the approval of the Board
of Trustees, including the Mayor to enforce zoning, housing, building,
unsafe buildings and related regulations within the Village of Old
Brookville.
See "County Clerk" and "Village Clerk."
Unless otherwise specifically qualified, the Code of the
Village of Old Brookville.
See "attorney."
The County of Nassau in the State of New York.
The County Clerk of the County of Nassau in the State of
New York.
The Director of Weights and Measures of the County of Nassau
in the State of New York.
The Fire Chief of the Glenwood Hook & Ladder, Engine
and Hose Company, Inc., Village of Old Brookville, New York.
The official who serves as the Health Officer of the Village
of Old Brookville, New York.
The Mayor of the Village of Old Brookville, New York.
A person who has the legal title, alone or with another,
to exercise dominion or control over property both real and personal.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies, and
all other entities capable of being sued.
The Planning Board of the Village of Old Brookville, New
York, established pursuant to Village Law § 7-718.
The Police Chief of the Village of Old Brookville, New York.
The Police Commissioner of the Village of Old Brookville,
New York.
The Registrar of Vital Statistics of the Village of Old Brookville,
New York, appointed pursuant to Public Health Law § 4121(3).
The member or the individual appointed by the Mayor and approved
by the Board of Trustees designated to oversee the construction, maintenance
and use of streets and highways within the Village of Old Brookville.
The State of New York.
A person occupying real property under an oral or written
lease or who is in possession of real property under the actual or
tacit consent of the owner. Whenever a person, not the owner, occupies
real property, it shall be presumed that he or she occupies same as
a tenant.
A trustee of the Village of Old Brookville, New York.
The incorporated Village of Old Brookville in the County
of Nassau and State of New York.
See "attorney."
The Village Clerk of the Village of Old Brookville, New York.
The Village Justice of the Village of Old Brookville, New
York.
The Village Treasurer of the Village of Old Brookville, New
York.
B.
Applicability
of the General Construction Law. Words not otherwise above described
and defined in the General Construction Law shall have the same meanings
as defined therein.
C.
Names
of officers, boards, departments, commissions and other agencies.
The names of officers, boards, departments, commissions and other
agencies used in this Code shall be construed as though the words
"of the Village of Old Brookville, New York" were added unless the
context or subject matter otherwise requires.
D.
Other
words. All other words used in this Code and not otherwise specifically
defined shall be construed in the manner that they are normally used
unless the context or subject matter requires otherwise; but words
that have acquired a technical meaning in law and are so used shall
be construed and understood in accordance with such meaning.
A.
Words
used in the present tense include the future tense.
B.
The
singular number includes the plural.
C.
A
word importing only the masculine gender shall also be construed to
include females, corporations, partnerships, associations, joint stock
companies, societies, and all other entities capable of being sued.
A.
Violations
and penalties.
(1)
Any owner, lessee, contractor, agent or individual, whether a person,
partnership or corporation, shall be guilty of an offense if he:
(a)
Occupies, uses or maintains, or causes or permits to be occupied,
used or maintained; or erects, enlarges, alters or converts, or causes,
or permits to be erected, enlarged, altered or converted any building,
structure or part thereof or any land in the Village not in conformity
with the provisions of the Village Zoning Code,[1] the Uniform Code[2] or Energy Code or any other Village local law;
(b)
In any manner violates, or allows, causes, permits, takes part or
assists in a violation of any provision of the Village Zoning Code,
the Uniform Code or Energy Code or any other Village local law or
of any regulation, order or ruling promulgated thereunder, including,
but not limited to, the terms or conditions of any building permit,
certificate of occupancy, temporary certificate, certificate of continued
use, stop-work order, operating permit, or a decision of the Board
of Zoning Appeals or Planning Board; or
(c)
Violates any written stop-work order.
(2)
A person convicted of an offense shall be guilty of a violation.
(3)
A violation of two or more sections of the Village Zoning Code, the
Uniform Code or Energy Code or any other Village local law, or provisions
within a section, shall be separate and distinct offenses for which
a fine may be levied.
(4)
Each and every day a violation exists or continues shall constitute
a separate and distinct violation conviction for which shall be an
additional offense.
(5)
Each violation of the Uniform Code or Energy Code shall be punishable
by a fine not less than $1,000 and not to exceed $5,000, or a term
of imprisonment not to exceed 15 days, or both. Pursuant to New York
State Penal Law § 80.10, if a corporation is found guilty
of a violation of the Uniform Code or Energy Code, it shall be punished
by a special corporate fine of not less than $1,000 and not to exceed
$5,000.
[Amended 10-20-2014 by L.L. No. 5-2014]
(6)
Each violation of the Village Zoning Code or any other Village local
law shall be punishable by a fine not to exceed $5,000 or imprisonment
of up to 15 days, or both, unless otherwise provided for by greater
fine or term of imprisonment in such Zoning Code or local law, and
except as limited by the Vehicle and Traffic Law. Pursuant to New
York State Penal Law § 80.10, if a corporation is found
guilty of a violation of the Village Zoning Code or any other Village
local law, it shall be punished by a special corporate fine not to
exceed $5,000.
[Amended 10-20-2014 by L.L. No. 5-2014]
(7)
If any person fails to abate any such violation of this article within
five calendar days after written notice has been served personally
upon said person, or within 10 days after written notice has been
sent to said person by certified mail at said person's home or business
address, said person shall be subject to a civil penalty of $1,000
for each and every day that said violation continues, recoverable
by suit brought by the Village.
(8)
The Board of Trustees may enforce obedience to any provisions of
the Village Zoning Code, the Uniform Code or Energy Code or any other
Village local law by injunction in an action in the State Supreme
Court or by any other civil remedy.
B.
Any
building erected, constructed, altered, converted, enlarged, moved,
or used contrary to any of the provisions of the Village Zoning Code,
the Uniform Code or Energy Code or any other Village local law, and
any use of any land or any building which is conducted, operated or
maintained contrary to any of the provisions of the Uniform Code or
Village Code, shall be and the same is hereby declared to be unlawful.
The appropriate Village authorities may institute an action to prevent,
enjoin, abate, or remove such erection, construction, alteration,
enlargement, conversion or use in violation of any of the provisions
of the Village Zoning Code, the Uniform Code or Energy Code or any
other Village local law.
No remedy or penalty specified in this article shall be the
exclusive remedy or penalty available to address any violation described
in such code or local law, and each remedy or penalty specified in
this article shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
article, or in any other section of the Village Zoning Code or other
Village local law, or in any other applicable law. Any remedy or penalty
specified in this article may be pursued at any time, whether prior
to, simultaneously with, or after the pursuit of any other remedy
or penalty specified in this article or in any other applicable law.
In particular, but not by way of limitation, each remedy and penalty
specified in this article shall be in addition to, and not in substitution
for or limitation of, the penalties specified in Subdivision (2) of § 382
of the Executive Law, and any remedy or penalty specified in this
section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penalty specified in Subdivision
(2) of § 382 of the Executive Law.
The failure any officer or employee of the Village to perform
an official act imposed by this Code shall not be an offense, and
shall not subject such officer or employee to the penalty imposed
for the violation of any provision of this Code, unless a penalty
is specifically provided therefor.
A.
Wherever
any officer of the Village is granted certain powers or duties or
is designated as the enforcement officer of a specific chapter or
portion thereof, it shall also be construed to include the deputies,
assistants and representatives of such officer to exercise such powers
or duties.
B.
While
acting within the scope of their employment, it shall be presumed
that all acts performed by such deputies, assistants and representatives
were duly delegated and authorized.
In case any provision of the Code is inconsistent with any provision
of the Village Law, pursuant to the authority contained in Subdivision
1, Paragraph e, Subparagraph 3 of § 10 of the Municipal
Home Rule Law, the Village Law is modified and superseded in its application
to the Village of Old Brookville to the extent and only to the extent
that the Village Law is inconsistent with any provision of the Village
of Old Brookville Code.
[Adopted 4-18-2016 by L.L. No. 1-2016[1]]
[1]
Editor's Note: This local law adopted the Code in its entirety.
The histories in the Code predating the Code adoption reflect those
amendments legislated by the Village.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the Code of the Village of Old Brookville, as codified by General Code, and consisting of Chapters 1 through 300, together with an Appendix, is hereby adopted and shall be known and cited as the "Code of the Village of Old Brookville."
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 Old Brookville, and it is the intention of said Board of Trustees 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 § 1-10 below.
A.
Repeal of inconsistent enactments. Except as provided in § 1-11, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-19; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Old Brookville which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of local laws and ordinances provided for in § 1-10 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 Old Brookville 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 Old Brookville 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
Old Brookville.
D.
Any agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Old
Brookville.
E.
Any local law or ordinance of the Village of Old Brookville 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 Old Brookville or any portion thereof.
F.
Any local law or ordinance of the Village of Old Brookville 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 Old Brookville 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, agreement or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any local law or ordinance relating to salaries and compensation.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any local law or ordinance relating to or establishing a pension
plan or pension fund for Village employees.
M.
Any local law or ordinance or portion of a local law or ordinance
establishing a specific fee amount for any license, permit or service
obtained from the Village.
N.
Any local law or ordinance adopted subsequent to May 18, 2015.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law included in this Code
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 Old Brookville 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
Old Brookville by impressing thereon the Seal of the Village of Old
Brookville, 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 the Code of the Village of Old Brookville, 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 published and, as
provided hereunder, included in the Code as amendments and supplements
thereto. Nothing contained in this local law shall affect the status
of any local law contained herein, and such local laws 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 Code of the Village of Old Brookville 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 published
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 Old Brookville in any manner whatsoever which will cause the legislation of the Village of Old Brookville 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 penalties as set forth in Article I of this chapter.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
