[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck 9-17-2002 by L.L. No. 17-2002 (Ch. 5 of the 1976
Code). Amendments noted where applicable.]
Pursuant to the provisions of Article IX of the New York State Constitution and Subdivision 1(ii) of § 10 of the Municipal Home Rule Law, § 41 of the General Construction Law, and all other laws which may be to the contrary, are hereby superseded to the extent necessary, in order to implement the provisions of § 14-2.
A.
No board, committee, commission, or other body of
the Village of Great Neck shall take any action, whether it be to
grant, grant with conditions, deny, deny with conditions, modify,
or otherwise, with regard to any application or matter before it,
except with the concurring vote of a majority of the members of such
body. The foregoing shall not prevent the chairperson, or other member
acting in lieu thereof, from adjourning an application or other matter
until such a concurring vote may be obtained.
B.
This section shall not supersede any law of general
application which requires a greater number than the concurring vote
of a majority of the members of such body for certain actions or under
certain circumstances.
[Added 1-20-2004 by L.L. No. 4-2004]
A.
Every department, board, and committee of the Village
shall withhold the processing of any application to such board, committee,
or department, if:
(1)
The Building Inspector has determined that a violation
of any provision of the Village Code exists on or at the subject property,
or a summons has been issued with regard to an alleged violation of
any provision of the Village Code on or at any other property owned
by the owner or the applicant within the Village.
(2)
Pursuant to Subsections A or C of § 528-8 of the Village Code, a replacement tree has not been planted at the subject property, or a replacement tree has not been planted by the applicant or the owner at any other property within the Village, and the time period set by the Building Inspector for such replacement has past.
(3)
Any fees, deposits, or other sums of money are due
to the Village with regard to the subject property; or otherwise due
to the Village from the owner of the subject property; or otherwise
due to the Village from the applicant, if the applicant is not the
owner.
B.
The processing of an application shall include but
not be limited to the review of the application, by the Village or
its professionals; the scheduling or holding of any hearings or other
meetings; the rendering of any decisions, other than, in the sole
discretion of the Chairperson of such board or committee or the superintendent
of such department, a denial of such application; the performing of
any inspections; and the issuing of any permits or certificates.
C.
Any application for which processing is to be withheld
pursuant to the provisions of this section shall be deemed for all
intents and purposes to be incomplete until such department, board,
or committee receives written notice, by certified mail, return receipt
requested, from the applicant, that such violation has been cured
and/or such sums have been paid, and such notice is confirmed by the
appropriate Village officer or employee.
D.
The foregoing prohibition shall not preclude the processing
of any application if:
(1)
All of the sums due the Village have been paid and
substantially the sole purpose of the processing is to cure the violations
or to seek a variance from the Board of Appeals with regard to such
violations; or
(2)
The Board of Trustees, in its sole discretion, grants
a waiver from such prohibition. Among the criteria the Board of Trustees
may consider in determining whether or not to grant such a waiver
is if the applicant is acting in good faith and with due diligence
to cure the violations, or presents a case of hardship, similar to
that required for a use variance before the Board of Appeals.
[Amended 9-3-2013 by L.L. No. 10-2013]
A.
BODY
LAW
MATERIAL MISREPRESENTATION
OFFICER
VIOLATON
As
used within this section, the following terms shall have the meanings
indicated:
Any board, committee, commission, department, or other body
of the Village.
The Code of the Village and all of the laws, rules, and regulations
of any federal, state, or other municipal authority, district, department,
or commission, with jurisdiction over the subject premises.
Any incorrect, incomplete, or misleading representation of
a fact or other circumstance upon which a body or officer bases a
determination in whole or in part, or the failure to disclose a fact
or circumstance that a reasonable person would believe would be a
basis for determining whether or not to grant or condition a grant
of an application.
Any elected or appointed officer or employee of the Village.
The failure to comply with any condition of a permit or variance
granted by a body or officer.
B.
No
person shall make any material misrepresentation to any body or officer.
(1)
No rights from construction or otherwise shall be deemed created
or vested if they result in whole or in part from a determination
of a body or officer that was based in whole or in part upon a material
misrepresentation by or on behalf of an applicant.
(2)
The finding under this section that a determination was made based
upon a material misrepresentation by or on behalf of an applicant
to a body or officer shall be made by the same body or officer that
made the determination at issue, either on its own initiative or when
presented with information or facts from another body or officer or
other person.
C.
No
person shall violate any of the requirements imposed by any body or
officer as a condition to the granting of a permit or variance.
(1)
With the exception of violations of conditions imposed by the Board
of Appeals, the finding under this section that there was violation
of any condition to the granting of a permit or variance imposed by
any body or officer shall be made by the Board of Trustees.
(2)
The finding under this section that there was violation of any condition
to the granting of a permit or variance imposed by the Board of Appeals
shall be made by the Board of Appeals.
D.
No
person shall violate any law in the use, operation, or development
of its property within the Village. The finding under this section
that there was a violation of any law in the use, operation, or development
of a property within the Village shall be made by the Board of Trustees.
E.
Revocation
and other sanctions available to a body or officer upon a finding
of a material misrepresentation or a violation.
(1)
In the event that:
(a)
A body or officer finds that a determination made by it was
made based upon a material misrepresentation by or on behalf of an
applicant; or
(b)
The Board of Appeals finds that:
[1]
There was a substantial violation of one or more of the conditions
upon which a permit or variance was granted by it, whether or not
notice of such violation had been given; or
[2]
There were continuous violations of the same condition, after
notice, of one or more of the conditions upon which a permit or variance
was granted by it, whether or not any of such violations in and of
themselves was substantial.
(c)
The Board of Trustees finds that:
[1]
There was a substantial violation of one or more of the conditions
upon which a permit or variance was granted by a body other than the
Board of Appeals, whether or not notice of such violation had been
given;
[2]
There were continuous violations of the same condition, after
notice, of one or more of the conditions upon which a permit or variance
was granted by a body other than the Board of Appeals, whether or
not any of such violations in and of themselves was substantial;
[3]
There was a substantial violation of law, whether or not notice
of such violation had been given; or
[4]
There were continuous violations of the same law, after notice,
whether or not any of such violations in and of themselves was substantial;
(2)
Then and in such event, the body or officer authorized to make such
finding shall have the authority to:
(a)
Allow the permit or variance to continue for a probationary
period, not exceeding one year; and/or
(b)
Impose additional conditions to attempt to prevent further violations;
or
(c)
Suspend the use of the property pursuant to such permit or variance
until the violation is cured and/or there is compliance with any of
the additional conditions that may be imposed; or
(d)
Revoke the permit or variance.
(3)
Nothing herein shall limit the penalties to which the owner may be
liable for such violations under any other provisions of law.
F.
Notice
of violation.
(1)
Notice of a violation for actions pursuant to this section shall
be deemed sufficient if given in any of the following manners:
(a)
Personal delivery; or
(b)
Mailed by certified mail, return receipt requested; and by first
class mail to the owner of the property at the address of the property
and at the address for the property shown on the Village real property
tax assessment roll, if such address is other than the address of
the property.
(2)
Proof and/or acknowledgement of actual receipt shall be deemed a
waiver of any error in the notification.
G.
Hearing.
(1)
Prior to a finding by a body or officer pursuant to this section
that a material misrepresentation was made by or on behalf of an applicant,
that a condition upon which a permit or variance was granted was violated,
or that a law was violated, the owner of the subject property shall
be entitled to a hearing at which the owner shall have the right to
be heard, to present witnesses and other evidence, and to be assisted
by counsel.
(2)
The notice of the hearing shall:
(a)
Set forth the nature of the violation and/or violations and
the date and/or dates that such violations are alleged to have occurred;
(b)
Set forth the date and time of the hearing;
(c)
Be mailed not less than 14 calendar days before the day scheduled
for the hearing; and
(d)
Be mailed by certified mail, return receipt requested; and by
first class mail to the owner of the property at the address of the
property and at the address for the property shown on the Village
real property tax assessment roll, if such address is other than the
address of the property.
(3)
The appearance by the owner or the owner's attorney or other
authorized representative at the hearing, unless the owner or the
owner's representative alleges prejudice at the beginning of
the hearing, shall be deemed a waiver of any error in the notice.
(4)
If the owner desires a court reporter to be present to record the
proceedings, it shall inform the Village Clerk and pay a deposit toward
the expense of the court reporter not later than 3:00 p.m. of the
last business day before the day of the hearing. The amount of such
deposit shall be determined from time to time by resolution of the
Board of Trustees.
H.
Nonexclusive sanctions.
(1)
The revocation and other sanctions for misrepresentations and violations
provided in this section are nonexclusive and are in addition to all
such other fines, penalties, and/or other sanctions as may be imposed
against the owner pursuant to any other sections of this Code or any
other laws.
(2)
The powers for revocation and other sanctions for misrepresentations
and violations provided in this section are nonexclusive and are in
addition to such other powers as may be granted by any other sections
of this Code or any other laws to any officer or body or state or
federal official or department to impose fines, penalties, or other
sanctions for the same misrepresentations and violations.
[Added 5-20-2010 by L.L. No. 5-2010]
A.
No local
law shall be passed by the Board of Trustees until a public hearing
thereon has been had before such Board. Such a public hearing held
before such Board pursuant to this section shall be on public notice
of at least three days.
B.
Unless expressly
set forth in any local laws adopted by the Board of Trustees, such
local laws shall be deemed to have been adopted pursuant to the provisions
of Article 2 of the New York State Municipal Home Rule Law.
[Added 11-20-2012 by L.L. No. 19-2012]
A.
BEST VALUE
PURCHASE CONTRACT
Definitions.
As used in this section, the following terms shall have the following
meanings:
Best value as defined in State Finance Law § 163,
as such may be amended from time to time.
All purchase contracts, including service contracts, but
excluding any purchase contracts necessary for the completion of a
public works contract pursuant to Article 8 of the Labor Law, as such
may be amended from time to time.
B.
Pursuant
to the provisions of General Municipal Law § 103, the Board of
Trustees is hereby authorized, if and when it is determined by such
Board to be in the best interests of the Village, to award a particular
purchase contract on the basis of best value.
C.
Such authority
may be exercised by the Board of Trustees with regard to any such
purchase contract whether or not it reaches the threshold requiring
competitive bidding pursuant to General Municipal Law § 103.
[Added 12-4-2012 by L.L. No. 20-2012]
A.
APPROVED PLAN
BOARD OF THE VILLAGE
MAINTAIN
OWNER
PROPERTY
As used
in this section, the terms set forth below are defined as follows:
Any subdivision plat, site plan, or other plan or application
approved by a Board of the Village and the conditions, if any, imposed
with such approval.
Includes the Board of Trustees, Board of Appeals, Planning
Board, and Committee of Architectural Review of the Village.
Maintain in good and safe condition, clean, healthy, and
operable condition, as appropriate, and, if applicable and deemed
appropriate by the Building Inspector, replace any or all of the structures,
grading, stormwater facilities, and landscaping as shown on the approved
plan that are no longer good and in safe condition, clean, healthy,
and operable to the extent required to properly fulfill the purpose
for which they were approved and/or required.
The owner of the property at the time at issue, as such ownership
may change from time to time.
All of the property that was the subject of the approved
plan.
B.
Except as set forth in Subsection C hereof, once the project for which there was an approved plan has been completed, the owner shall maintain the property substantially in accordance with the approved plan, unless such obligation is removed or modified by a resolution of the Board of the Village that approved the plan or such other Board of the Village, if any, that has the authority to supersede that approval.
C.
With regard
to landscaping, the owner may apply to the Building Inspector to alter
the type, size, number, and/or location of the plantings (existing
or new) shown on the approved plan, and the Building Inspector shall
have the authority to modify such plantings as shown on the approved
plan, so long as, in the determination of the Building Inspector,
such alterations do not diminish the spirit and intent of the Board
of the Village that approved the plan in requiring such plantings
for screening, drainage, noise, aesthetic, or other concerns.
D.
The determination
of whether or not a change from the approved plan is substantial shall
be made by the Building Inspector.
E.
In addition
to such right as a person may have to appeal the determination of
the Building Inspector to the Board of Appeals as provided by the
New York State Village Law, within the same limited period for such
an appeal, a person may appeal such Building Inspector determination
to the Board of the Village that approved the plan.
