[Amended 12-11-2006 by L.L. No. 13-2006]
No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure, or for any use or occupancy of any building or land that would not be in full compliance with the provisions of this chapter, Chapter 101, Building Construction, the New York State Uniform Fire Prevention and Building Code and/or any other applicable provisions of the Code of the Village of East Rockaway.Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter, Chapter 101, Building Construction, the New York State Uniform Fire Prevention and Building Code and/or any other applicable provisions of the Code of the Village of East Rockaway shall be null and void and of no effect, without the necessity of any proceedings for revocation or nullification thereof.
[Added 12-11-2006 by L.L. No. 13-2006]
It shall be unlawful for any person to erect, construct, alter, enlarge, convert, maintain or use any building or structure, or to use or permit the use or occupancy of any building, structure or land, in violation of the provisions of this chapter, Chapter 101, Building Construction, the New York State Uniform Fire Prevention and Building Code and/or any other applicable provisions of the Code of the Village of East Rockaway.
[Amended 1-28-2013 by L.L. No. 3-2013; 5-13-2019 by L.L. No. 4-2019]
This chapter shall be enforced by the Superintendent
of Construction. In connection with any inspection necessary to enforce
this chapter, the Superintendent of Construction may impose on and
collect from the property owner a fee in an amount established from
time to time by resolution of the Board of Trustees.
Whenever the Village Board of Trustees, by resolution,
authorizes a public hearing on a proposed amendment to this chapter
and for a period of 60 days following the date of such resolution,
no building or structure shall be erected, enlarged or altered, and
no permit shall be issued for the erection, enlargement or alteration
of any building or structure or for the occupancy of any land or building
in any manner that would be contrary to the provisions of the proposed
amendment.
[Amended 11-14-2005 by L.L. No. 16-2005]
A.
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 requirement or condition imposed by the Board of Trustees or
Board of Appeals in connection with the grant of a special permit,
special exception, variance or site plan, in addition to other remedies
provided by law, any appropriate action or proceeding, 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 and to prevent the occupancy of said building, structure
or use in or about such premises.
B.
For any and every violation of the provisions of this
chapter or of any requirement or condition imposed by the Board of
Trustees or Board of Appeals in connection with the grant of a special
permit, special exception, variance or site plan, the owner, general
agent or contractor of a building or premises where such violations
have been committed or shall exist and the lessee or tenant of any
entire building or entire premises where such violations have been
committed or shall exist or the owner, general agent, contractor,
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 or contractor or any other person who takes part
or assists in any such violation or who maintains a building or premises
in which any violation shall exist shall be guilty of a violation
as defined in the Penal Law of the State of New York, punishable by
a fine not exceeding $350 or imprisonment for a period not to exceed
15 days, or both, for a first violation; for a second violation, both
of which were committed within a period of five years, punishable
by a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed 15 days, or both; and for a third or subsequent
violation, all of which were committed within a period of five years,
punishable by a fine of not less than $700 nor more than $1,000 or
imprisonment for a period not to exceed 15 days, or both, for each
such third or subsequent violation. Each week's continued violation
shall constitute a separate additional violation.
C.
Notwithstanding any provision of this chapter inconsistent
herewith, for any and every violation of this chapter involving a
nonpermitted occupancy of a one- or two-family dwelling, the owner
of the subject property at the time of the violation and any other
person who takes part or assists in any such violation shall be guilty
of a violation as defined in the Penal Law of the State of New York,
punishable by a fine of not less than $3,500 for the first violation;
and by a fine of not less than $2,000 for a second and any subsequent
violation committed within a period of five years. Each week's continued
violation shall constitute a separate additional violation.
D.
Prosecutions for violations of this chapter may be
instituted in the Village Justice Court or in the District Court of
the County of Nassau.
E.
The Village Attorney may, upon the direction of the
Board of Trustees, institute an action in the Supreme Court of the
State of New York for appropriate relief where it appears under the
circumstances that the imposition of a fine alone would not be adequate.
F.
The remedies provided for herein are cumulative and
not exclusive and shall be in addition to any other remedies provided
by law.
[Added 11-14-2005 by L.L. No. 16-2005[1]; amended 12-10-2018 by L.L. No. 2-2018; 4-8-2019 by L.L. No. 3-2019]
A.
Rebuttable presumptions relating to illegal occupancy
prosecutions. In all civil and criminal prosecutions brought for the
enforcement of this chapter with respect to nonpermitted occupancy
of single- and two-family dwellings, the following rebuttable presumptions
shall apply:
(1)
That any dwelling which maintains more than one gas
meter, or more than one electric meter, or more than one water meter
is being used as the residence of two or more families.
(2)
That any dwelling which maintains more than two gas
meters, or more than two electric meters, or more than two water meters
is being used as the residence of three or more families.
(3)
That a single-family dwelling which maintains any
entrance(s) thereto, which entrance(s) has not been set forth on any
plans approved by and on file with the Department of Buildings, is
being used as the residence of two or more families.
(4)
That a two-family dwelling which maintains any third
or additional entrances thereto, which entrance(s) has not been set
forth on any plans approved by and on file with the Department of
Buildings, is being used as the residence of three or more families.
(5)
That a dwelling which has been advertised in any newspaper,
magazine or local advertising publication as being available for sale
or rent, which advertisement essentially provides that such dwelling
contains more than one separate living unit, or may be occupied by
more than one separate family, is being used as a dwelling containing
the number of rooms for rent, units or families stated in such advertisement.
(6)
That a dwelling is being used as the residence of
more than one family where there exist permanent partitions or internal
doors which may serve to bar access between segregated portions of
the dwelling, including, but not limited to, bedrooms, or the inability
of any person in possession thereof to have unimpeded and/or lawful
access to all parts of the dwelling unit.
(7)
That a dwelling is being used as the residence of
more than one family if any two or more of the following are found
to exist: more than one mailbox, mail slot or post office address;
more than one doorbell; a written lease or leases, or oral rental
agreements, or the payment of rent, for a portion of the dwelling;
a separate exterior entrance to a cellar or basement; three or more
vehicles registered to the dwelling where each of the owners of the
vehicles have different surnames; utilities, such as telephone, television,
electric or water services, are billed to two or more persons with
different surnames.
B.
The presumption raised by proof of the existence of any such conditions as set forth in Subsection A herein may only be rebutted by conclusive evidence that such conditions do not, in fact, exist or that such conditions, in fact, comply with this chapter.
C.
A person charged with a violation of this chapter
involving a nonpermitted occupancy of a one- or two-family dwelling
based upon a presumption under this section may demand an inspection
by the Department of Buildings of the subject premises to rebut such
presumption. Such demand shall be in writing addressed to the Department
of Buildings and shall be accompanied by a nonrefundable fee of $125
to defray the cost of such inspection. The Building Department inspector
shall prepare a report of the findings of the inspection together
with photographs, if appropriate.
D.
If any provision of § 288-126A shall be determined to be unconstitutional or otherwise unenforceable, it shall not affect the constitutionality or enforceability of the remaining provisions.
E.
Nothing in this section shall be construed as lessening
or modifying any other rights or prerogatives of the Superintendent
of Buildings or a Village Building Inspector in the enforcement of
the terms of this chapter.[2]
[2]
Editor's Note: Former § 288-103,
Remedies nonexclusive, which immediately followed this section, was
repealed 11-14-2005 by L.L. No. 16-2005.
