The Village Court will have jurisdiction over
any violations of this chapter issued by the Town of North Hempstead's
Bay Constables or the village's Superintendent of Buildings.
The Board of Trustees of Manorhaven shall be
empowered to hear and decide appeals from and review of any order,
requirement, decision or determination made by the village employees,
officials or agents regarding the issuance or revocation of mooring
permits within the harbor as provided in this chapter and from any
decision by a Mooring Inspector on mooring tackle.
A. Request for hearing. Upon the denial of a permit in
connection with the issuance of a mooring permit, or upon the issuance
of a notice of revocation of any such permit, the aggrieved applicant
may, within 10 days after receiving written notice from the village,
file an appeal, in writing, in the office of the Village Clerk, requesting
a review of any such determination. The Board of Trustees shall hear
and decide such appeals and may reverse or affirm, wholly or partly,
or may modify the determination appealed from and/or make such determination
and order which, in its opinion, should be made under the circumstances.
B. Filing fee. Each request for a review of any order,
requirement, decision or determination with respect to the issuance
or revocation of mooring permits shall be accompanied by the required
fee as determined by resolution of the Board of Trustees.
C. Hearing. Upon receipt of a request for a hearing as
provided above, the Board of Trustees shall commence such hearing
no later than 30 days after the date on which the request was filed,
unless an extension of said time period is agreed upon by both the
village and the aggrieved party. Failure by the Board of Trustees
to commence said hearing within the above-specified time period shall
not be deemed to constitute approval of such request if good and sufficient
reason exists.
D. Conduct of hearing. The applicant, or his representative,
shall be given an opportunity to show cause why the decision by the
village should be modified or withdrawn. The burden of proof in this
regard shall be upon said applicant, or his representative, who shall
be required to demonstrate by a fair preponderance of the evidence
that the village's decision should be withdrawn or modified.
E. Findings. Upon consideration of the evidence presented,
the Board of Trustees shall sustain, modify or withdraw the village's
decision. Any decision of the Board of Trustees to sustain, modify
or withdraw a decision shall be consistent with the village's approved
Local Waterfront Revitalization Program.
In the event that administrative regulations
are required for the safe and efficient maintenance of the harbor
and related moorings and float facilities, the village Board of Trustees
may adopt such regulations. These regulations shall be published in
the official newspaper of the village and shall be enforced by the
village.