[HISTORY: Adopted by the Board of Trustees of the Village
of Islandia 10-6-2015 by L.L. No.
5-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 177.
The purpose and intent of this chapter is to prohibit the outside
storage in the Village of Islandia.
The Board of Trustees of the Village of Islandia, after a review
of impact on the environment, traffic, quality of life, services,
and other aspects of life in the Village of Islandia, after due deliberation,
hereby finds that it is in the best interests of the residents and
property owners and of the orderly development of the Village of Islandia
that outside storage should be prohibited in all zoning districts
of the Village of Islandia.
Outside storage is hereby prohibited in the Village of Islandia.
"Outside storage" is the storage for a short term or long term basis
of any materials outside of an approved structure or accessory structure
for which there is a certificate of occupancy duly issued by the Village
of Islandia authorizing the use of that structure for storage.
A.
A first violation of this chapter by any individual or entity shall
be punishable by a fine not to exceed $2,500; a second violation of
this chapter by any individual or entity shall be punishable by a
fine not to exceed $3,500; a third violation of this chapter by any
individual or entity and every violation thereafter shall be punishable
by a fine not to exceed $5,000.
B.
Each and every day that a violation of this chapter by any individual
or entity exists shall constitute a separate and new violation of
this chapter.
C.
The owner, the tenant, operator or other user or occupant of the
premises under a transaction or use that is prohibited by this chapter
or in the case of a violation of this chapter shall each and all be
in violation of this chapter and subject individually to the fines
and penalties hereunder.
D.
The election by the Village of Islandia to issue a violation or to
prosecute a violation of this chapter in the Islandia Village Court
shall not be exclusive and shall not preclude the Village of Islandia
from pursuing a civil remedy in a particular case.
E.
The Village of Islandia may, at the election of the Board of Trustees,
commence a civil proceeding including but not limited to an application
for injunctive or other relief to enjoin, stop or prevent a violation
of this chapter. In the event that the Village of Islandia should
elect or should be required to commence a civil proceeding against
an owner, tenant, sublessor, sublessee, assignor, assignee, or occupant
or user of a premises, or a premises under this chapter, such election
shall not be an exclusive remedy, and the Village of Islandia may
continue to pursue other enforcement actions and remedies, and the
owner and tenant as defendants or other defendants shall be liable
to the Village of Islandia for all legal and other costs incurred,
which shall be recoverable by the Village of Islandia as a money judgment
in that proceeding or in another proceeding commenced by the Village
of Islandia for that purpose.
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall remain in effect,
it being the legislative intent that this chapter shall stand, notwithstanding
the invalidity of any part.
