Village of Westhampton Beach, NY Amendments and Penalties

[Amended 5-18-1968; 11-13-1987 by L.L. No. 23-1987; 4-8-1988 by L.L. No. 9-1988; 8-8-1997 by L.L. No. 9-1997; 5-8-2000 by L.L. No. 7-2000]

Violations and conditions of covenants; liens.

(1)

For the purposes of this chapter, any violation of a condition of approval granted by the Planning Board, Zoning Board of Appeals or Board of Trustees under this chapter, or the architectural Review Board under Chapter 5 of this Code, shall be considered a violation of this chapter, enforceable under the provisions of this chapter. In addition, any violation of a covenant granted to the Village as a result of an approval granted by the Planning Board, Zoning Board of Appeals or Board of Trustees, pursuant to this chapter, or the Architectural Review Board, pursuant to Chapter 5 of this Code, shall also be considered a violation of this chapter, enforceable under the provisions of this chapter. The provisions of this subsection shall be applicable to all conditions and covenants granted heretofore and hereafter the adoption of this subsection and shall be in addition to any other remedies available to enforce said conditions or covenants.

(2)

At the time of the granting of an approval by the Planning Board, Zoning Board of Appeals or Board of Trustees under this chapter, or the Architectural Review Board under Chapter 5 of this Code, said Board may impose a covenant that if any action is commenced in court in order to enforce the conditions of approval of said Board, including but not limited to injunctive relief against the owner, occupant or tenant of the owner or the heirs, successors or assigns of the owner, the legal fees, court costs and other associated expenses incurred by the Village of Westhampton Beach shall become a lien against the real Proper. If said lien is not paid within 10 days of the date a statement of the amount of said lien is mailed by certified mail, return receipt requested to the owner of the real property as listed on the most recent tax roll of the Village the amount thereof shall be added to the assessment roll for the real property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as provided by law for the collection and enforcement of real property taxes in the Village of Westhampton Beach.

For any and every violation of the provisions of this chapter, the owner or general agent of a building or premises where such violation has been committed or shall exist and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who knowingly commits, causes or assists in any such violation shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York and subject to a fine. For the first offense the fine shall not be less than $250 nor more than $1,000. For a second and all subsequent offenses committed within five years of the date of the first offense the fine shall not be less than $500 nor more than $1,500. The fines set forth herein shall not apply to any offense pending in the Justice Court for a violation of Chapter 197 as of the date this section is adopted. The fine for any violation pending in the Justice Court as of the date hereof the fine cannot exceed $350.

[Amended 8-7-2014 by L.L. No. 1-2014]

In addition to any other remedy available hereunder for violations of this chapter, in those cases where an enforcement officer shall have determined a violation to exist and shall have provided written notice of the same to any person liable for said violation under this chapter, after a period of 30 days shall have elapsed and said violation shall continue to exist, any enforcement officer may certify the violation in writing to all other local agencies responsible for the issuance of approval and permits hereunder. Such certification shall set forth the name of the owner of the property at which the violation is located, the name of the person committing or maintaining the alleged violation, if other than the owner and known to said enforcement officer, and the nature of the violation. After receipt of said certification of violation, no local agency, including but not limited to the Building Inspector, Zoning Board of Appeals, Planning Board, Sign Inspector, Architectural Review Board or Board of Trustees, shall accept, determine to be complete or otherwise process or further process any application for approval made for such property. Every said application shall be deemed to be incomplete and not suitable for processing, and any time period mandated by Village Law or by statute ordinance, local law, or regulation shall be deemed tolled pending removal of the violation or dismissal by a competent court of any violation charges then pending or thereafter pending and the subject of said certification of violation. This provision shall not apply to an application before the Zoning Board of Appeals for an interpretation or variance which will remove or render legal the alleged violation. Upon correction of said violation or dismissal thereof or favorable determination by the Zoning Board of Appeals, the enforcement officer shall immediately revoke the certification of violation previously issued and notify all local agencies, at which time the disability imposed hereunder shall be removed.