[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Estates as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-9-1984 by L.L.
No. 2-1984]
[Amended 1-13-1997 by L.L.
No. 1-1997; 3-10-1997 by L.L.
No. 3-1997]
A.
Any person committing a violation of any provision of this Code, except a provision of Chapter 217, for which a different penalty is not provided in this Code shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $2,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each separate day on which a violation occurs shall be a separate offense.
[Amended 4-11-2005 by L.L. No. 4-2005]
B.
In addition to any other penalty provided by law, the
Village of Great Neck Estates may obtain injunctive relief against any continuing
violation of any provision of this Code, by action commenced in a court of
appropriate jurisdiction. In any such action, in addition to any other relief
which may be awarded by the court, the Village shall be entitled to recover
its reasonable expenses of such action, including attorneys' fees.
[Added 3-10-1997 by L.L.
No. 3-1997]
[Added 4-7-1986 by L.L. No.
5-1986]
A.
Any interested person, or any appropriate officer or
employee of the Village, may file a complaint in writing with the Village
Clerk alleging that there exists on any property in the Village conditions
which constitute a violation of this Code or which constitute a public nuisance
or which endanger or tend to endanger the property, safety or health of any
inhabitant of the Village or the public health.
B.
The Village Clerk shall cause any such complaint to be
investigated and shall submit the same, together with a written report of
the findings resulting from such investigation, to the Board of Trustees at
its next meeting.
C.
The Board of Trustees may direct that the person or persons believed to be responsible for the alleged conditions shall appear before the Board of Trustees at a time and place designated, and show cause why such conditions should not be abated or corrected. Such notice may be served either personally or by certified mail, addressed to each such person at his or her last known residence address, or may be served in any other manner permitted for service of a summons in a civil action. Such notice may include a warning of consequences as described in Subsection E hereof.
D.
At the time and place designated, the Board of Trustees
shall meet and hear all persons interested and may make such investigations
and inquiries as the Board may determine necessary or appropriate. Thereupon,
the Board of Trustees may, by resolution, make such orders and directions
as may seem necessary or proper under the circumstances.
E.
In the event that any person or persons to whom such
notice has been sent fails to appear in person at the designated time and
place, such failure to appear shall be deemed an admission by each such person
of the truth of the allegations and a consent to such action by the Board
of Trustees, provided that the notice given to such person so states.
F.
The failure of any person to comply with the provisions
of any order or direction of the Board of Trustees, or any part thereof, issued
pursuant to this section shall constitute a violation.
G.
In addition to any penalty provided herein, or elsewhere
in this Code, in the event that any person fails to comply with the provisions
of an order or direction of the Board of Trustees, or any part thereof, made
pursuant to this section, within the period of time specified therein by the
Board of Trustees, the Village of Great Neck Estates may perform or cause
to be performed such acts as may reasonably be necessary to effectuate compliance
with the said order or direction, and the expenses of said action shall be
charged to the property affected in the same manner as a special assessment,
and shall also be the personal liability of any person who failed to so comply.
[Adopted 4-12-2004 by L.L. No. 1-2004]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Great Neck Estates, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 230, together with an Appendix, shall be known collectively as the "Code of the Village of Great Neck Estates," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the Code of the Village of Great Neck Estates to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read.
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 Great Neck Estates, and it is the intention of said Board 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 § 1-6 below.
All local laws and ordinances of a general and permanent nature of the
Village of Great Neck Estates, including the 1981 Code, in force on the date
of the adoption of this local law and not contained in such Code or recognized
and continued in force by reference therein are hereby repealed from and after
the effective date of this local law.
The repeal of local laws and ordinances provided for in § 1-6 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 Great Neck Estates 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 Great Neck Estates 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 Great
Neck Estates.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the Village
of Great Neck Estates.
E.
Any local law or ordinance of the Village of Great Neck
Estates 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 Great Neck Estates or any portion
thereof.
F.
Any local law or ordinance of the Village of Great Neck
Estates 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 Great Neck Estates 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 municipal 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 adopted subsequent to 12-10-2003.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law, ordinance or resolution included in
this Code now or 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 Great Neck Estates 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 Great Neck Estates by impressing
thereon the Seal of the Village of Great Neck Estates, 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 any of
the local laws, ordinances and resolutions known collectively as the "Code
of the Village of Great Neck Estates" or any new local laws or resolutions,
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 printed and, as provided hereunder, inserted
in the loose-leaf book containing said Code as amendments and supplements
thereto. Nothing contained in this local law shall affect the status of any
local law, ordinance or resolution contained herein, and such local laws,
ordinances or resolutions 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 book containing the Code of the Village of Great Neck Estates
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 printed 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, without authorization from the Village Clerk, changes
or amends, by additions or deletions, any part or portion of the Code of the
Village of Great Neck Estates or who alters or tampers with such Code in any
manner whatsoever which will cause the legislation of the Village of Great
Neck Estates 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 a fine of not more than $250 or imprisonment for a
term of not more than 15 days, or both.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Great Neck Estates, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B and C hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Trustees that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
C.
In addition, the amendments and/or additions as set forth
in Schedule A attached hereto and made a part hereof are made herewith, to
become effective upon the effective date of this local law. (Chapter and section
number references are to the local laws, ordinances and resolutions as they
have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-14C, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 4-12-2004 by L.L. No. 1-2004." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
