[Amended 10-9-1974; 12-2-1975; 7-1-1980 by Res. No. 5]
A.
ACCESSORY BUILDING
ACCESSORY STRUCTURE
AGRICULTURE
BOARDINGHOUSE
BUILDING
BUILDING AREA
BUILDING INSPECTOR
CAMP COTTAGE
CAMP UNIT
COMMERCIAL VEHICLE
COMMUNITY BENEFITS AMENITIES
COMMUNITY CENTER
CORNER LOT
DATE OF ADOPTION
DECK
DEPTH OF A LOT
DIVISION OF BUILDING
DOUBLE FRONT LOT
DRIVEWAY
EFFECTIVE DATE
FAMILY
FENCE
FLOOR AREA RATIO OR FAR
FOOD SCRAPS
FRONT BUILDING LINE
FRONT YARD
FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY
GARAGE, MINOR
GARAGE, PRIVATE
GARAGE, PUBLIC
GREEN ROOF
GROUND STORY OR FIRST STORY
HEALTH CLUB
HEIGHT OF A BUILDING
INCENTIVES OR BONUSES
INCENTIVE ZONING
KITCHEN
LOT AREA
LOT IN SINGLE AND SEPARATE OWNERSHIP
MIXED-USE
MOTEL-HOTEL
MULTIPLE RESIDENCE
NONCONFORMING BUILDING OR USE
OCCUPIED
OFF-STREET PARKING AREA
OUTDOOR DINING
OUTDOOR DISPLAY
OUTDOOR STORAGE
PARKING SPACE
PERSON IN CHARGE
PERVIOUS PAVING
PLAZA
PREMISES
PRIVATE PROPRIETARY CONVALESCENT HOME
PRIVATE PROPRIETARY HOME FOR ADULTS
PRIVATE PROPRIETARY NURSING HOME
PUBLIC PARKING PLACE
REAR YARD
REST HOME
ROOMING HOUSE
ROOMING UNIT
SANITARIUM
SCRAP METAL PROCESSING FACILITY
SCRAP PROCESSOR
SHARED PARKING
SHED
SIDE YARD
SIGN
SINGLE- OR ONE-FAMILY DWELLING
SINGLE-USE
SMALL IMPROVEMENT
STREET LINE or FRONT PROPERTY LINE
STRUCTURE
TELEPHONE EXCHANGE
TOURIST CAMP
TRAILER or HOUSE CAR
TWO-AND-ONE-HALF-STORY BUILDING
TWO-FAMILY DWELLING
TWO-STORY BUILDING
WIDTH OF A LOT
Unless otherwise stated expressly, the following words
and expressions, where used in this chapter, shall have meanings as
follows:
A building or a detached private garage subordinate to the
main building on a lot, used for purposes customarily incidental to
those of the main building, not used for habitation and which does
not exceed the size of the main building. This shall not include trailers,
mobile homes or like structures, with or without wheels.
[Amended 11-1-1988; 3-21-1989; 2-17-1998 by L.L. No. 1-1998]
A structure subordinate to the buildings on a lot, used for
purposes customarily incidental to those of the buildings, having
no foundation or permanent attachment to the land other than a simple
slab, not used for habitation, swimming pool enclosures or garage
purposes and which does not exceed the size of the main building.
This shall not include trailers, mobile homes or like structures,
with or without wheels.
[Added 11-1-1988; amended 3-21-1989]
The cultivation of the soil for food products or other useful
or valuable growths of the field or garden, but does not include dairying,
raising of livestock, breeding or keeping of animals, fowl or birds
where the same is carried on as a business or gainful occupation.
A building or part thereof containing one or more rooming
units, which is occupied or intended to be occupied, which is offered
or permitted to be used, by the owner, operator, occupant, person
in charge, agent or anyone acting on behalf of any of the aforementioned,
which is not a motel or hotel, for one or more nights, and sometimes
for extended periods of weeks, months and years, where lodging and
meals are provided, with or without individual cooking facilities.
Nothing herein shall be construed to prevent a natural family or functional
equivalent of a natural family from occupying an entire one-family
home, a legal accessory apartment or a legal unit in a multifamily
dwelling, which by certificate of occupancy is permitted to be used
as a multiple-family dwelling.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof"
unless the context clearly requires a different meaning. The term
"building" shall also mean "factory manufactured home" and "mobile
home."
[Added 5-15-1990]
The area of the maximum horizontal cross section of the building
on a lot.
The Building Inspector of the Town of Babylon or any person
duly appointed as such Inspector.
Any building of whatever material constructed, designed or
equipped to be used for living, sleeping or eating only by transient
or seasonal occupants.
Any plot of land in a tourist camp upon which is proposed
to be located any tent, tent house, camp cottage, tourist unit, house
car or trailer designed or equipped to be used for living, sleeping
or eating.
Any commercially registered vehicle, including but not limited
to a bus, a minibus, a box truck, a tractor-trailer combination (or
either component thereof), an ambulance, an articulated bus, an automobile
transporter, a boat transporter, a hazard vehicle, a livery, an omnibus,
a sani-van, a taxi, a tow truck, a truck, a vanpool vehicle, or any
vehicle bearing commercial advertising or identification or any vehicle
which is not designed for use as a passenger-only vehicle, which is
not a limousine, taxi, livery or other for-hire vehicle.
[Added 10-1-2002 by L.L. No. 30-2002; amended 6-21-2005 by L.L. No. 11-2005]
Specific physical, social, or cultural amenities, as set forth in § 213-549, as authorized by the Town Board, which provide a benefit to the residents of the community.
[Added 4-7-2015 by L.L.
No. 2-2015]
A building and related facilities used for recreational,
social, educational, and cultural activities, operated by a public
or nonprofit group or agency.
[Added 4-7-2015 by L.L.
No. 2-2015]
A lot having a street line along two streets forming an angular
or curved corner.
The day that the Zoning Chapter is formally adopted by resolution
of the Town Board and entered in its minutes.
An open structure subordinate to the main building on a lot,
used for purposes customarily incidental to the main building and
associated with patios, porches, porticoes, balconies and sun decks,
not used for habitation and which does not exceed the size of the
main building. Decks having a height of 18 inches or less shall be
considered accessory structures. Decks having a height of more than
18 inches, but five feet or less, shall be considered accessory buildings.
Decks having a height of more than five feet shall be considered building
extensions/additions.
[Added 3-21-1989; amended 3-6-2007 by L.L. No. 3-2007]
The average of the distance from the street line of the lot
to its opposite rear line, measured in the general direction of the
side lines of the lot.
The Division of Building in the Department of Planning and
Development of the Town of Babylon or any employee or officer of such
Department.
[Amended 4-7-1976 by L.L. No. 15-1976[1]]
A lot having a street line at both ends of the lot.
A paved surface consisting of nonporous materials, creating
a barrier between the nonporous materials and the earth, where registered
automobiles and other registered vehicles are operated or allowed
to stand, connecting a real property to a public road.
[Added 9-10-2008 by L.L. No. 22-2008]
The tenth day after said chapter is published in a newspaper
in the township and posted in a newspaper in the Town and posted in
accordance with the provisions of §§ 264 and 265 of
the Town Law of the State of New York.
A single person or collective group of persons related by
kinship, adoption, blood or marriage, or the functional and factual
equivalent of a natural family, living together under the same roof
and cooking together as a single housekeeping unit, in a common household
whose relation is of a permanent and distinct domestic character.
[Amended 8-15-1989]
Either basket-weave, woven-wire, vertical-wood-staving, split-rail
or a fence having open spaces the same width as and between each of
the pickets, slats or other materials used in its construction, unless
otherwise permitted by the Board of Appeals as hereinafter provided.
The total floor area, in square feet, of a building or buildings
divided by the total area, in square feet, of the plot on which the
building or buildings are situated.
[Added 4-7-2015 by L.L.
No. 2-2015]
Inedible food, trimmings from the preparation of food, food-soiled
paper, edible food that is not donated and food processing waste.
"Food scraps" does not include used cooking oil, yellow grease, or
any food which is subject to recall or seizure due to the presence
of pathogens.
[Added 3-16-2022 by L.L. No. 2-2022]
The line across the entire frontage of the lot at the required
front setback distance.
The required open space extending along the streetline of
any street on which the lot abuts.
A single housekeeping unit bearing the generic character
of a family unit as a relatively permanent household, not a framework
for transients or transient living, leading a stable, nonprofit, family-like
existence, headed by a householder as one would likely find in a biologically
unitary family; in every sense but a biological one it must function
as a stable, single-family unit, albeit occasionally changing in composition
even as a natural family might and does.
[Added 8-15-1989]
A building, other than a private garage, used for the storage
only of: noncommercial automobiles; or commercial automobiles only
for a purpose accessory to the permitted use of the lot.
[Amended 11-1-1988]
A building detached from and accessory to a residential building,
or a building attached to a residential building, or a part of a residential
building, which is designed to be used for or is actually used for
the parking or storage of motor vehicles, boats or trailers, having
not more than two bays and not more than 250 square feet per bay and
each bay being not less than 10 feet in width and 20 feet clear interior
depth, in any zoning district.
[Amended 11-1-1988; 2-17-1998 by L.L. No. 1-1998; 9-10-2008 by L.L. No.
22-2008]
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, renting, parking or storing
motor vehicles.
[Amended 11-1-1988]
A building roof that is engineered to be covered with low-maintenance
growing plants that: insulate in winter, cool the building in summer,
reduce solar absorption, reduce precipitation runoff from roof surfaces,
and improve interior heating, ventilating and air conditioning (HVAC)
efficiency.
[Added 4-7-2015 by L.L.
No. 2-2015]
The lowest story of a building entirely above the level of
the ground in front of a building.
An establishment that provides facilities for physical exercise
such as aerobics, running, jogging, weightlifting, game courts, swimming
facilities and accessory saunas, showers, massage rooms and lockers,
within an enclosed building or buildings.
[Added 4-7-2015 by L.L.
No. 2-2015]
The distance measured from the mean average grade of the
ground surrounding the building to the highest point of the roof,
provided that chimneys, spires, elevator penthouses, tanks and similar
projections shall not be included for the purpose of determining the
height.
[Amended 10-18-2005 by L.L. No. 24-2005]
Adjustments to the permissible density, height, or other
requirements of the Zoning Code of the Town of Babylon in exchange
for a specific community benefit or amenity that provides for a specific
purpose authorized by the Town Board.
[Added 4-7-2015 by L.L.
No. 2-2015]
The system by which specific incentives or bonuses are granted,
pursuant to § 261-b of Town Law of the State of New York,
on condition that specific physical, social, or cultural benefits
or amenities are provided to the community.
[Added 4-7-2015 by L.L.
No. 2-2015]
A room or an area in a building in which food is cooked and/or
prepared and which contains equipment used in the cooking and preparation
of food, i.e., stove and/or oven and/or microwave oven or any other
appliance, device or equipment ordinarily used in the preparation
and/or cooking of food. It may also contain any or all of the following:
sink and/or refrigerator and/or base cabinet(s) and/or upper cabinet(s).
[Added 6-10-1997 by L.L. No. 7-1997]
The area of a lot on which a building and its accessories
may be located, exclusive of land in the bed of any street and exclusive
of any land intermittently or permanently underwater.
[Amended 12-2-1986]
Evidenced by a deed showing same is recorded by the Suffolk
County Clerk's Office prior to the effective date of this chapter
or evidenced by a written agreement showing same to be contracted
for prior to the effective date of this chapter.
A development or building containing a mix of different types
of land uses. In many cases, mixed-use refers to retail on the first
story, with residential or office above.
[Added 4-7-2015 by L.L.
No. 2-2015]
A structure in which lodging is provided for transient people
and offered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours.
[Amended 8-4-1981 by Res. No. 2]
A building or group of buildings designed for occupancy by
three or more families living independently of each other in separate
dwelling units.
One that does not conform to the regulations of the district
in which it is situated.
The presence of a person in any rooming unit, unit, area
or space within a premises, when said rooming unit, unit, area or
space is used, furnished to be used or intended to be used for living
or sleeping, which may or may not be used for cooking or eating purposes
and with or without private bathroom facilities. There shall be a
rebuttable presumption that a rooming unit, unit, area or space within
a premises is occupied when said rooming unit, unit, area or space
is furnished or set up to be used for human occupancy.
[Added 4-22-2009 by L.L. No. 8-2009]
The area of a lot or a building used or designated to be used for the purpose of accessory parking of vehicles. Such area shall be on or part of the same lot on which the principal use is located. However, when approved by the Planning Board as part of the review of site plans pursuant to Chapter 186, Site Plan Review, such area may be maintained on a separate lot determined by said Board to be convenient thereto; provided, however, that such separate lot shall be permanently and exclusively committed to such use, and for such purpose the Planning Board shall require such recordable instruments which, as to execution and form, shall be satisfactory and are deemed necessary to ensure the continued and noninterrupted use of such parking area for such purpose.
Any outdoor cafe, sidewalk cafe, eating area, or any food
service accessory to an on-premise food and beverage consumption establishment.
[Added 4-7-2015 by L.L.
No. 2-2015]
Retail merchandise that is displayed during business hours
outside of the building housing the business.
[Added 4-7-2015 by L.L.
No. 2-2015]
The deposit, placement, maintenance or sufferance of any
materials, equipment, commercial vehicle (except during actual business
hours, but in no event between 10:00 p.m. and 6:00 a.m.), building
materials, objects or items of any kind or character, except while
engaged in actual immediate delivery at the premises.
[Added 6-21-2005 by L.L. No. 11-2005]
The space required for each motor vehicle intended or required
to be parked in an off-street parking area. Each parking space shall
have an area of not less than 200 square feet, and in addition thereto,
there shall be provided such space as is reasonably necessary for
adequate ingress, egress and turning. The formula for providing an
adequate parking area is an area of 334 square feet per required motor
vehicle unit.
The person or persons possessed of the fee simple of an improvement
or a lesser estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, agent or any other
person directly or indirectly in control of any premises.
[Added 4-22-2009 by L.L. No. 8-2009]
A hard surface with load bearing capacity engineered to allow
for the passage of water through it. The surface may be comprised
of paving blocks with open corners, lattices or edges or asphalt/concrete
mixes without "fines."
[Added 4-7-2015 by L.L.
No. 2-2015]
An open space paved and/or partially landscaped and accessible
to the public at all times, which has an area of not less than 7,500
square feet with a minimum dimension of 50 feet and which is bounded
on one side by a front lot line or which is connected to the street
by a means of a pedestrian walkway.
[Added 4-7-2015 by L.L.
No. 2-2015]
The land and all buildings and structures thereon.
A facility where lodging, board and health-related services
are provided for persons recuperating from illness or incapacity.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
An adult-care facility, for the purpose of providing temporary
or long-term residential care, room, board, housekeeping, personal
care and supervision to adults.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
A facility, other than a hospital, where lodging, board and
health-related services are provided for persons with or recuperating
from illness or incapacity.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
Any plot other than one owned or maintained by the Town or
a municipal district or authority, used by the public for parking
of automobiles or other motor vehicles.
The required open space extending along the rear lot line
(not a street line) throughout the whole width of the lot.
A facility established and operated for compensation and
profit, where lodging, meals and nonmedical supervision are provided
for persons on a transient, long-term or permanent basis.
[Added 8-15-1989]
A building or part thereof containing one or more rooming
units, which is occupied or intended to be occupied, which is offered
or permitted to be to used, by the owner, operator, occupant, person
in charge, agent or anyone acting on behalf of any of the aforementioned,
which is not a motel or hotel, for one or more nights, and sometimes
for extended periods of weeks, months and years. Nothing herein shall
be construed to prevent a natural family or functional equivalent
of a natural family from occupying an entire one-family home, a legal
accessory apartment or a legal unit in a multifamily dwelling, which
by certificate of occupancy is permitted to be used as a multiple-family
dwelling.
[Added 8-15-1989; amended 4-22-2009 by L.L. No. 8-2009]
Any room or group of rooms forming a space used furnished
to be used or intended to be used for living or sleeping which may
or may not be used for cooking or eating purposes and with or without
private bathroom facilities.
[Added 4-22-2009 by L.L. No. 8-2009]
Not an institution required to be licensed under the Mental
Hygiene Law of the State of New York.
An establishment engaged primarily in the purchase, processing
and shipment of ferrous and/or nonferrous scrap, the end product of
which is the production of raw material for remelting purposes for
steel mills, foundries, smelters, refiners, and similar users and
provided that such establishment is within 100 feet of property zoned
H Industry, is comprised of at least four acres and a portion of the
property contains a nonconforming use that permits the processing
of scrap metal.
[Added 11-17-2011 by L.L. No. 24-2011]
Any person, association, partnership or corporation operating
and maintaining a scrap metal processing facility.
[Added 11-17-2011 by L.L. No. 24-2011]
Where two or more uses merge parking needs in shared parking
facilities based on different peak periods of demand.
[Added 4-7-2015 by L.L.
No. 2-2015]
A structure subordinate to the buildings on a lot, used for
purposes customarily incidental to the buildings and associated with
cabanas, playhouses or storage of lawn and pool care equipment or
any other items used in the normal maintenance of residential property,
not used for habitation and which does not exceed 100 square feet
and/or 10 feet in height. "Sheds" shall be considered accessory structures
and shall not include trailers, mobile homes or like structures with
or without wheels.
[Added 3-21-1989; amended 5-27-2008 by L.L. No. 15-2008]
The required open space extending along the side lot line
from the front yard to the rear yard.
Every kind of billboard, signboard and other shape or device
or display arranged, intended, designed or used to advertise, announce,
direct or otherwise inform, including any text, symbol, marks, letters
or figures painted on or incorporated in the composition of the exterior
surface of a building or structure.
A building designated for and occupied exclusively as a home
or residence for not more than one family.
A development or building containing only one type of land
use.
[Added 4-7-2015 by L.L.
No. 2-2015]
A minor addition or change in the quality of the natural
and man-made environment that makes something better or more valuable,
which includes, but is not limited to, a dock, fence, boathouse or
storage shed or other like structure which does not exceed 100 square
feet and/or 10 feet in height, which is not used for living accommodations.
[Added 8-14-2012 by L.L. No. 11-2012]
The dividing line between the street and a lot.
A combination of materials other than a building forming
a construction that is safe and stable and includes, among other things,
stadiums, gospel and circus tents, reviewing stands, platforms, stagings,
poles, stacks, observation towers, sheds, coal bins, bulkheading,
walls, fences over four feet in height and signs; the word "structure"
shall be construed as though followed by the words "or part thereof."
A building erected or used exclusively as a central station
where telephone lines meet and where connections are made between
them and where no trucks or materials are stored.
Any plot on which are located or which is offered to the
public for the location of one or more tents, cabins, tent houses,
camp cottages, tourist houses, house cars or trailers designed or
equipped to be used for living, sleeping or eating.
Any vehicle designed or equipped to be used for living, sleeping
or eating and designed to move from place to place on wheels, propelled
by its own power or otherwise drawn or propelled.
A building whose main eaves are below the mid-height of the
third story.
A building designed for and occupied exclusively as a home
or residence for two families.
Any building having an area on the second floor of not less
than 75% of the area on the first floor.
The average width measured at right angles to the direction
of its average depth.
B.
Words used in the singular number shall include the
plural and vice versa. The word "building" includes the word "structure";
the word "lot" includes the word "plot"; the word "shall" is always
mandatory.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
adopted for the promotion of health, safety, morals, comfort, convenience
and the general welfare.
This chapter shall not repeal, abrogate, annul
or in any way impair or interfere with any existing provisions of
law or ordinance or any rules or regulations previously adopted or
issued or which shall be adopted or issued pursuant to law relating
to the use of buildings or premises, provided that where this chapter
imposes a greater restriction upon the use of buildings or premises
or upon the height of buildings or requires larger lots or yards than
are imposed or required by such existing provisions or regulations,
the provisions of this chapter shall control.
The Planning Board of the Town shall study the
application of this chapter and shall, from time to time, recommend
to the Town Board such changes in the chapter and in the boundaries
of the various zones as it shall deem desirable in the public interest.
The lot, open space or yard areas required by
this chapter for a particular building shall not be diminished and
shall not be included as a part of the required lot, open space or
yard areas for any other building. If the lot, open space or yard
areas required by this chapter for a particular building are diminished,
the continued existence of such building shall be deemed to be a violation
of this chapter. The lot, open space or yard areas of buildings existing
at the time of the passage of this chapter shall not be diminished
below the requirements herein provided for buildings hereafter erected,
and such required areas shall not be included as a part of the required
areas of any building hereafter erected.
[Added 12-2-1986]
In any residential, business or industrial district,
the square footage of any land intermittently or permanently under
water shall not be included in the yield calculations used to determine
the area of a lot upon which a building may be erected.
[Amended 4-28-1971]
This chapter shall not apply to or affect any
building, structure or premises owned by the Town of Babylon or any
building or structure erected or standing on premises owned by the
Town of Babylon. This chapter shall not apply to or affect any building,
structure or premises which shall or may be erected, altered or used
for any municipal purposes permitted by law, and any building, structure
or premises may be erected, altered or used for any such purpose in
any district by resolution of the Town Board, subject to such conditions
and safeguards as the Town Board may deem appropriate in each particular
case.
A.
Nothing herein contained shall require any change
in the plans, construction or designated use of a building actually
under construction at the time of the passage of this chapter and
which entire building shall be completed within one year from the
date of issue. Nothing herein contained shall require any change in
plans, construction or designated use of a building for which a building
permit has been heretofore issued and which entire building shall
be completed within one year from date of issue.
B.
If an amendment to this chapter is hereafter adopted
changing the boundaries of districts, the provisions of this chapter,
with regard to buildings or permits existing or buildings under construction
or building permits issued at the time of the passing of this chapter,
shall apply to buildings or premises existing or buildings under construction
or building permits issued in the area affected by such amendment
at the time of the passage of such amendment.
[Amended 5-20-2003 by L.L. No. 7-2003; 4-29-2008 by L.L. No.
13-2008; 7-15-2008 by L.L. No. 17-2008; 4-22-2009 by L.L. No.
8-2009; 1-25-2011 by L.L. No. 5-2011; 4-27-2022 by L.L. No. 10-2022]
Legislative intent. The Town Board finds that
the proliferation of violations of the provisions of the Town Code
of the Town of Babylon and of conditions of or imposed on zoning-related
grants and/or approvals by the Town Board, Planning Board and Zoning
Board of Appeals has caused a serious threat to the safety and welfare
of the residents of the Town and has eroded the quality of life of
all who live and work in the Town. The Town Board therefore finds
it necessary and proper to increase the fines and related penalties
for violations of the Town Code. It is the further intent of the Town
Board to exercise its authority as provided by law with particular
reference to its authority pursuant to Municipal Home Rule Law §
135, and the Town Board hereby supersedes any inconsistent provisions
of state law.
A.
Unless a specific penalty is provided for such violation
elsewhere in this chapter, any person who shall violate any of the
provisions of this chapter or who shall fail to comply therewith or
with any of the requirements thereof or who shall build or alter or
use any building or land in violation of any detailed statement or
plan submitted and approved hereunder shall be guilty of an offense,
and upon conviction thereof, a fine of not less than $250 nor more
than $1,000 must be imposed and a term of imprisonment for a period
not to exceed 15 days may be imposed, or both, for a first offense;
for conviction of a second offense, both of which were committed within
a period of five years, a fine not less than $1,000 nor more than
$2,500 must be imposed and a term of imprisonment for a period not
to exceed 15 days may be imposed; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, a fine not less than $2,500 nor more than $5,000 must
be imposed and a term of imprisonment for a period not exceed 15 days
may be imposed. Each day's continued violation shall constitute a
separate additional offense.
[Amended 12-20-2023 by L.L. No. 25-2023]
B.
Upon application of the Town Attorney's office, an
offense based on a violation of this chapter may be reduced to an
"attempted offense" as established by the New York State Penal Law
§ 110.00. Penalties for the reduced charge of attempt shall be:
(1)
Any person who shall attempt to violate any of the
provisions of this chapter shall be guilty of an offense, and upon
conviction thereof, a fine of not less than $100 nor more than $500
must be imposed and a term of imprisonment for a period not to exceed
15 days may be imposed, or both, for a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, a fine of not less than $500 nor more than $1,000 must
be imposed and a term of imprisonment for a period not to exceed 15
days may be imposed, or both; and upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
a fine of not less than $1,000 nor more than $2,500 must be imposed
and a term of imprisonment for a period not to exceed 15 days may
be imposed, or both. Each day's continued violation shall constitute
a separate additional offense.
C.
Notwithstanding anything in § 213-8A and B, any person who shall allow, permit or suffer the existence of a rooming house on any property within the Town of Babylon shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both.
(1)
Upon
application of the Town Attorney's office (Special Assistant District
Attorney), an offense based on a violation of this chapter may be
reduced to an attempted offense as established by the New York State
Penal Law § 110.00. Penalties for the reduced charge of
attempt shall be:
(a)
Any person who shall attempt to violate any of § 213-62A, 213-75.3A, 213-77A, or 213-92A of this article shall be guilty of an offense and, upon conviction thereof, a fine of not less than $2,000 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both.
D.
Unless
a specific penalty is provided for such violation elsewhere in this
chapter, any person found by the Bureau of Administrative Adjudication
to have violated this chapter shall be subject to a monetary penalty
of not less than $500 nor more than $1,500 for a first violation,
not less than $1,000 nor more than $2,500 for a second violation committed
within five years of the first violation, and not less than $1,500
nor more than $5,000 for a third or subsequent violation, all of which
were committed within a period of five years.
[Amended 12-20-2023 by L.L. No. 25-2023]
E.
Notwithstanding anything in § 213-8D, the penalties for the following violations of this chapter are as provided below:
[Added 12-20-2023 by L.L. No. 25-2023]
(1)
Any person found by the Bureau of Administrative Adjudication to have violated Article III of this chapter shall be subject to a monetary penalty of not less than $750 nor more than $1,500 for a first violation, not less than $1,500 nor more than $2,500 for a second violation committed within five years of the first violation, and not less than $2,000 nor more than $5,000 for a third or subsequent violation, all of which were committed within a period of five years.
(2)
Any
person found by the Bureau of Administrative Adjudication to have
allowed, permitted or suffered the existence of a rooming house on
any property within the Town of Babylon in violation of this chapter
shall be subject to a monetary penalty of not less than $1,000 nor
more than $2,500 for a first violation, not less than $2,000 nor more
than $3,500 for a second violation committed within five years of
the first violation, and not less than $3,000 nor more than $5,000
for a third or subsequent violation, all of which were committed within
a period of five years.
[Amended 9-13-2006 by L.L. No. 31-2006; 4-27-2022 by L.L. No. 10-2022]
No owner or lessee or person having possession
and control of a premises or any part thereof shall cause or permit
any violation of this chapter to exist or fail to comply with the
requirements of this chapter, and any architect, builder, contractor,
agent, person, firm or corporation which shall have caused or permitted
or assisted in the commission of any violation of this Code or fails
to comply with any provision or requirement of this Code shall each
be guilty of a separate and individual offense and, upon conviction
thereof or upon a determination of liability by the Bureau of Administrative
Adjudication, shall be punished as herein provided.
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 chapter
or of any regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriate action or proceedings, whether
by legal process or otherwise, may be instituted or taken 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.
[Added 10-20-1987]
The owner of any parcel of land, structure or
other type of property which is the subject of an application made
to any board, commission or agency with the authority to hear any
application authorized under any section of this chapter shall file
with such board, commission or agency a duly executed, signed sworn
statement consenting to the making of an application concerning said
parcel of land, structure or other type of property by said applicant.
