VILLAGE OF OLD BROOKVILLE
PROPOSED LOCAL LAW 3-2013
PENALTIES FOR VIOLATIONS
A Local Law entitled "Penalties for Violations" which establishes new penalties and fines
for violations of the Village of Old Brookville's zoning code and other local laws and ordinances.
BE IT ENACTED by the Board of Trustees of the Incorporated Village of Old
Brookville as follows:
SECTION 1. Legislative Purpose.
The Village Board of Trustees has determined that the prescribed penalties and fines for
violations of the zoning code and other local laws and ordinances, which have not been updated
in several years, must be amended and increased to be more consistent with the penalty and fine
structures of the communities in the surrounding areas. The current fines are not compatible
with the current costs of living and average incomes as to provide a sufficient deterrent for
violations of the Village's laws, nor do they provide for an adequate restitution to the Village for
the expenses incurred with the enforcement and prosecution of its laws. Therefore, the fines and
penalties must be updated and increased to provide for adequate enforcement of the Village's
regulations and to protect the health, safety and welfare of the Village and its residents.
SECTION 2. Penalties for Violations.
1.
Violations and penalties.
(a)
Any owner, lessee, contractor, agent or individual, whether a person,
partnership or corporation, shall be guilty of an offense if he:
i
Occupies, uses or maintains, or causes or permits to be occupied,
used or maintained; or erects, enlarges, alters or converts, or causes, or
permits to be erected, enlarged, altered or converted any building,
structure or part thereof or any land in the Village not in conformity with
the provisions of the Village Zoning Code, the Uniform Code or Energy
Code or any other Village Local Law or Ordinance; or
ii
In any manner violates, or allows, causes, permits, takes part or
assists in a violation of any provision of the Village Zoning Code, the
Uniform Code or Energy Code or any other Village Local Law or
Ordinance or of any regulation, order or ruling promulgated thereunder,
including, but not limited to, the terms or conditions of any building
permit, certificate of occupancy, temporary certificate, certificate of
continued use, stop work order, operating permit, or a decision of the
Board of Zoning Appeals or Planning Board; or
iii.
Violates any written Stop Work Order.
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(b)
A person convicted of an offense shall be guilty of a violation.
(c)
A violation of two or more sections of the Village Zoning Code, the
Uniform Code or Energy Code or any other Village Local Law or Ordinance, or
provisions within a section, shall be separate and distinct offenses for which a fine
may be levied.
(d)
Each and every day a violation exists or continues shall constitute a
separate and distinct violation conviction for which shall be an additional offense.
(e)
Each violation of the Uniform Code or Energy Code shall be punishable
by a fine not less than $1,000 and not to exceed $5,000, or a term of
imprisonment not to exceed fifteen (15) days, or both.
(f)
Each violation of the Village Zoning Code or any other Village Local Law
or Ordinance shall be punishable by a fine not to exceed $5,000 or imprisonment
of up to 15 days, or both, unless otherwise provided for by greater fine or term of
imprisonment in such Zoning Code, Local Law or Ordinance, and except as
limited by the Vehicle and Traffic Law.
(g)
If any person fails to abate any such violation of this chapter within five
calendar days after written notice has been served personally upon said person, or
within 10 days after written notice has been sent to said person by certified mail at
said person's home or business address, said person shall be subject to a civil
penalty of $1,000 for each and every day that said violation continues,
recoverable by suit brought by the Village.
(h)
The Board of Trustees may enforce obedience to any provisions of the
Village Zoning Code, the Uniform Code or Energy Code or any other Village
Local Law or Ordinance by injunction in an action in the State Supreme Court or
by any other civil remedy.
2.
Any building erected, constructed, altered, converted, enlarged, moved, or used contrary
to any of the provisions of the Village Zoning Code, the Uniform Code or Energy Code or any
other Village Local Law or Ordinance, and any use of any land or any building which is
conducted, operated or maintained contrary to any of the provisions of the Uniform Code or
Village Code, shall be and the same is hereby declared to be unlawful. The appropriate Village
authorities may institute an action to prevent, enjoin, abate, or remove such erection,
construction, alteration, enlargement, conversion or use in violation of any of the provisions of
the Village Zoning Code, the Uniform Code or Energy Code or any other Village Local Law or
Ordinance.
SECTION 3. Remedies Not Exclusive.
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No remedy or penalty specified in this local law shall be the exclusive remedy or penalty
available to address any violation described in such code, local law or ordinance, and each
remedy or penalty specified in this local law shall be in addition to, and not in substitution for or
limitation of, the other remedies or penalties specified in this local law, or in any other section of
the Village Zoning Code or other Village local law or ordinance, or in any other applicable law.
Any remedy or penalty specified in this local law may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any other remedy or penalty specified in this local
law or in any other applicable law. In particular, but not by way of limitation, each remedy and
penalty specified in this local law shall be in addition to, and not in substitution for or limitation
of, the penalties specified in Subdivision (2) of Section 382 of the Executive Law, and any
remedy or penalty specified in this section may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of Section
382 of the Executive Law.
SECTION 4. Zoning Code
Section 300.100(A) of the Zoning Code of the Incorporated Village of Old Brookville is
hereby amended to read as follows:
Any person whether as owner, lessee, architect or builder or the agent or
employee of any of them who violates or is accessory to the violation of any
provision of this Chapter or any regulation made under the authority conferred by
this Chapter or who shall erect, construct, alter, enlarge, convert or move any
building or structure without a building permit or in violation of any statement or
plans submitted and approved under the provisions of this Chapter, or who shall
use any building, structure or land in violation of this Chapter or any regulation
made under the authority conferred by this Chapter or in violation of the
provisions of any building permit or certificate of occupancy or without a building
permit or certificate of occupancy where one is required by this Chapter shall be
guilty of a violation of the Penal Law and shall be liable to a penalty not
exceeding in the case of any one violation Two Hundred Fifty Dollars ($250.00)
or imprisonment not exceeding fifteen (15) days or by both such fine and
imprisonment fines and penalties as provided in Local Law 3-2013 of the
Incorporated Village of Old Brookville.
SECTION 5. Special Use Permits
Section 300.63(2) of the Zoning Code of the Incorporated Village of Old Brookville is
hereby amended to read as follows:
M.
Penalties for offenses
For any and every violation of the provisions of this section, the owner,
general agent, contractor of a building, premises or site, and lessee or tenant of an
entire building or entire premises, where such violation has been committed or
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shall exist, and the general agent, architect, builder, contractor or any other
persons who knowingly commits, takes part or assists in any such violation or
who maintains any building premises in which such violation shall exist, shall be
liable for a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for a conviction of a first offense; for conviction of a second
offense, 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 six months, or both; and upon conviction for a third or subsequent
offense, all of which were committed within a period of five years, punishable by
a fine of not less than $700 nor more than $1000 or imprisonment for a period not
to exceed six months, or both. Such penalties shall be collected as provided by
law. Each week’s continued violation shall constitute a separate, additional
violation. the fines and penalties as prescribed in Local Law 3-2013 of the
Incorporated Village of Old Brookville.
SECTION 5. Subdivision Regulations
Section 31.82 of the Subdivision Regulations of the Incorporated Village of Old
Brookville is hereby amended to read as follows:
Any person, firm or corporation who violates or fails to perform any duty
imposed by any provision of these regulations shall be punishable by the fines
and penalties as prescribed in Local Law 3-2013 of the Incorporated Village of
Old Brookville. a fine of not less than $500 or more than $1000 or imprisonment
of up to 15 days, or both, for each and every offense, and in addition thereto, each
such violation shall constitute and is hereby declared to be an offense against such
provision of these regulations. Each day that a violation under any provision of
these regulation continues shall be deemed a separate offense after the violator is
provided written notice of the violation from the village or enforcement officer.
In addition, the village Board of Trustees may enforce obedience to any provision
of these regulations by injunction or other civil remedy.
SECTION 6. Validity.
If any section, sentence, clause or phrase of this law is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding will in no way affect
the validity of the remaining portions of this law.
SECTION 7. Effective Date.
This local law shall not take effect until filed with the Secretary of State.
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