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HomeMy WebLinkAboutLL-1981 #03LOCAL LAW NO. ~.~ 1981 A Local [,aw to amend Chapter 32 of the Code of the Town of Southold in relation to enforcement of the provisions thereof. BE IT ENACTED by the Town Boar¢ of the Town of Southold as follows: Chapter 32 of the Code of the Town {of Southold is hereby amended ~s follows: I. Sections 32-13; 3'2-22 and 32-3~ are hereby repealed. II. By adding a new Article theret°,. to be Article IV to read as follows: ARTIGLE IV §32-40 ADMINISTP~ATION AND ENFORCEMENT Enforcing Officer. It shall be the duty of the ~ay Constable and his deputies and assistants to administer and enforce Uhe provisions of this chapter. ~32-41 Notice of violation. A. Whenever the Bay Con table has reasonable grounds t.o believe that-operations regulated hereby are being conducted in violation of the provisions of this chapter or not 'in compliance witQ a per- mit issued pursuant to the property, 'or the o~ operations, to suspend forthwith cease operat rescinded. B. Such notice shall b'e in this chapter, he may notify the owner of 'net's agent or the person performing such all operations, and any such person shall .OhS until such notice of violation has been ~vriting, shall specify the violation and shall state the conditions which must be complied with and the time within which eon~pliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the To~n of Southold, as hereinafter provided. Such notice shall be s~rved upon the person to whorn it is directed by delivering it to hir~ personally or by posting the same in a conspicuous place onlhe premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. The Bay Constable may extend the time of compliance specified in the notice of violation where there is evidence of intent [o comply within the time specified and conditions· exist which prevent immediate con%pliancc. In the event t,h;at the p~rson upon whorn a notice of,violation has been served shall fail[to comply with said notice ~ith~n ~he time specified therein or w[itl~,in the time specified in any extension of time issuedby the Ba~- Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. §32-42. §32-43. Ao ttearing on violation. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (10) days after service of the notice of ~riolation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. The Town Clerk shall present such request to the Board of Trustees at,is next regular meeting. The Board of Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five (5) days' notice of the time and place thereof. At such hearing, the person reqUesting the' same, or his repre- sentative, shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Board of, Trustees may.sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shallspecify the reasons therefor. The-notice of violation for which a'hearing is request'ed shall continue in effect pending the hearing and determination ~ the .Board of Trustees. Penalties for offenses. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto, 'or failure to comply with a written notfce or order of ihs }Bay Constable within the time fixed for co~r~pliance therewith, the' owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to.comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.00) or imprisonment for 'a period not to exceed six (6) months, or boih such fine and imprisonment. ]Each day's continued offense shall constitute a separate, additional violation.. In addition to the above-provided penalties, the Town may also maintain an action or pr-oceeding in a court of competent jurisdiction to compel compliance v~ith or to restrain by injunction the viola- tion of 'this chapter.- Section III. This Local Law shall take effect immediately. AC 2051 (Rev. 4/81) STATE OF NEW YORK OFFICE.OF THE STATE COMPTROLLER ~.~'(~V~ 12236 EDWARD V. REGAN STATE COMPTROLLER AUG 6 'i981 To~ Ct~lrl( July 30, 1981 Robert Tasker~ Esq. Town of Southold ~2~ Maln ~to Oreenport, NY I19~ Dear Sir/Madam: This is to advise that Local Law(s) No. 3 of 1981 for the Town of Southo!d was received and f'fled 013 6/26/81 KRP :dal cc: Secretary of State ._ ~y~tmly yours~ Associate Attorney Charters Unit (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include ma[ter being eliminated and do not use italics or underlining to indicate new matter. ~it¥ of S outhold 'rowll ............................................................................................................................ Local Law 3 No ........................................................... of gh. year 19 _8..1. ...... Alocallaw to amend Chapter 32 of the Code in relation to enforcement of the (In~e~t title) provisions thereof Be it enacted by the .................. ,T...°...w..E...B...9..a.v..d. .......................................................................................... of the (Nme ~ Lo~ialal. ive Bodl) f3i~/ of Southold as follows: Chapter 32 of the Code of the Town of Southotd is hereby amended as follows: I. Sections 32-13; 32-22 and 32-39 are hereby repealed. It. By adding a new Article thereto, to be Article IV to read as follows: ARTICLE IV ADMINISTRATION AND ENFORCEMENT ~32-40 Enforcing Officer. 532-41 It shall be the duty of the Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. Notice of violation. Whenever the Bay Constable has reasonable grounds to believe that operations regulated hereby are being conducted J.n violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, to sus- pend all operations, and any such person shall forthwith cease opera- tions until such notice of vio]ation has been rescinded. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must ~be completed before operations may be resumed. Such notice shall also inform the person to whom it ts directed of his right to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provided. Page 1 §32-42 ~32-43 Such notice shall be .served upon the person to whom it is directed by delivering it to him personally ,or by posting the same in a eon- spicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. The Bay Constable may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In the event thai the person upon whom a notice of violation has been served shall fail To comply ~ith said notice within 'the time specified therein or within the time specified in any extension of time issued by the ]Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. Hearing on violation. Co Any person affected by a notice-of violation issued pursuant to the preceding section hereof may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file a written request-lherefor with the Town Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of vio- lation should be modified or rescinded. The Town Clerk shall present such request to the Board of Trustees at its next regular meeting. The Board of Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five (5) daysf notice of the time and place thereof. At such hearing, the person requesting the same, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or rescinded.~ After such hearing, the Board of Trustees may sustain, modify or.rescind such notice of violation, or revoke any permit previously issued, and shall specify the reasons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the i~ aring and determination of the Board of Trustees. Penalties for offenses. Ao For every offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall ['ail to comply with a wr'itten order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a ['ine not exceeding two hundred fifty dollars ($250.00) or imprisonment ['or a period not to exceed six months, or both such fine and imprison- ment. Each day's continued offense shall constitute a separate, additional violation. B. In addition To the above-provided penalties, the Town may also maintain an action or proceeding in a court of competent jurisdiction ~o compel compliance with or ~o restrain by injunction the violation of this chapter. Section III. This Local Law shall take effect immediately. -3- (Complete the ,.t:rtification iu the paragraph which applies [o.the£i}iag o£ this matter therein which is not upplicahle.) (l"imtl adoption b> hmul legislative body only.) I hereby certify that the lo, al law annexed hereto, designated aslocal law No ......... .3. ....... of 19...8...1.. ~kt~ of Southold was duly passed by the ho. Ld...T..o..w.n....n...o...a. rd. ............................ Towu ...................................... {Name of Legislative Body) in accordance with the applicdble provisions of law. (Passage hy local legislative body with approval or no disapproval by Elective Chief Executive Officer or re passage after disapproval.) ., I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ........ County City of the Town of ...................................... was duly passed by the ................. i}~;'"oi'£;'~i'~'i;'t'i¢';'i~'gt'~i .......................... Village not disapproved on .................................................. 19 ........ and was approved by the ........................................................ repassed after disapproval Elective Chief Executive Officer ~ and was deemed duly adopted on ........................................................ 19 ...... , in accordance with the applicable provisions of law. (Final adnption by referendum.) I hm'eby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County of the City of ...................................... was duly passed by the ...................................................................................... '['own (Name of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief ~x?cutive Officer ~ on ...................................................................... 19 ........ Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vot~. of a majority of the qualified electors voting general thereon at the special election held on .................................................... 19 ......... in accordance with the appli- annual cable provisions of law. (Subject to permissive referendum,and final adoption because ao valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designatedas local law No ................. of 19 .......... County City of the Town o[' ...................................... was duly passed by the ................................................................................ {Name of Legislative Body) on Village not disapproved ...................................................... 19 ........ . and was approved by the ......................................................... on repassed after disapproval £~e~t;.v~ Chief Executive Officer ~ .............................................................. 19 ......... Such'local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , in accordance with the applicable provismns of law. *Elective Chief Executive Officer means or kadudes the chief exeeufi'~'e effi~r or, if there be none, the chairman of the county legislative body, the mayer wher~ such off~zer is vested with power to approve or veto local laws or ordinancea. I hereby certify tha~ the local law annexed hereto, designated as local law No ..................... Of 19 ...... of the City of ..... having been submitted to referendum pursuant to the p. rovismns of 37 of the ?dunicipal Home FluleLaw, and having received the affirmative vote of a majority special of the qualified electors of such city voting thereon at the general election held an .................................. ................ 19 ........... became operative. 6. (County local law concerning adoption of Charter.~ 1 hereby certify that the local law annexed hereto, designated as Local Law No ....... of 19 ...... of the County of ........................................ , State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to s[Ibdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative vote of a ~najority of the qualified electors of the cities of said county as a unit and of a majority o'( the qualified electors of the towns of said county considered as a unit voting at said geueral election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.} ~ I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ........ 3. .................. above. Date: June 24, 1981 ~ o .... -'q-- ' CI rk fthc County legtslat~ve body, C~ty, Towr~or Village Clerk or officex designa~d by local legislative body Judith T. Terry, So'uthold Town Clerk (Seai) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Robert W. Tasker, Town Attorne~v Date: June 24, 1981 ~r ~r Southold Town "' ' ' .... Page 3 . Chapter 32 of the Code Section · 32-40 provides that the Ba r)'!'l,,D.(' .'-",(I I'l"; d(')Ll'l(.'-, ..Mi.. I, J FC~.ll - i._, OJ!l( ~.rh .~'o( ~ Oll 3.) · . ~(Ji: l,)r II'.o -(.', ~ .~ :' -f '.Not!ce of Violation; Section · 32-42 provides for a hearing on violations and Section 32-43 provides for ~penalties and violations of Chapter 32. ' ' !!iq~.. Copies of said proposed Lo- · .~al La.w are available for' Inlg':':'.~:e('! p.?r..o:! (lin ~r :, [',!lYi ,(..c I'011,: PJ.E.\.-;i-. I -" ],C.!.: ,[-'1/1¢'1 Hi-:it with r~ect tosaid Local Law "' LF.G-~I.'~OTiCI-~ ~ ' will be held at the Southold PLb:~S[~ TAI(E NOTICE'" ' ~ Town Hall, Main Road;~ Sou.- [hal a l.()('hi Law 1981, - old, New York on the ~rd day (ratified 'A L~cal Law to ~. ~ ~_June, 1981. at 3:30 o'clock , ~ ~ all in~eresied persons Will be '":" .' ~'. " ,' : ' :he . given an ~Pot~nity t0 he F SUFFOLR, ] DATED: May 26[ 1~ J ,.,H* ,: :,=: ~r~icle IV- to ~T3n-~7~ ~ .... is Printer und Publisher o~ ~e SUFFOLK ~£EKL¥ TIMES, a newspaper published at Greenport, in said count¥~ and fltnt the notice:, of which the ~nnexed is u printed copy, has been published in the ~id Suffolk Weekly Times o,nce in eoch week, ~or ...o.b.e. ............ i ......... weeks successively commencing on the .... ~..~.~.~ ................. dayof ....... .J.l~ ~ [..~.~~ ...... this .~.'[~ ~.... | ............. Sworn to before me ..... day of June ....... 19.8.1... I( ....... ...... HELEN K. DE VOE NOTARY PUBLIC, State of New York No. 4'707878, Suffolk Oounty~ ~ Te~m Exppres March 30, 19 ~ '~ · ' -LEGAL'NO'I iCE "' ~ .~... PLEASE TAKE NOTICE t, that a Local .Law -. 1981, ui entitled ~ ;"A "Local': L~H"to ,,, amend Chapter 32 at the Code at the Town at Somhold ir,. ' relation to enforcerr, em of the , p~v'isions thereof", was in. ~1.. trodu,:ed at a meeting of the Town Board of the 1'aah at ' Southold held on the 2bth dsy l!ot May, 1981. Said Local Law i!adds a new Article TV to ilChapter 32 of the Code. i Section 32-40 provides that the !!.'Bay Constable and his depu- ities and assigtants shall be !enforcing' officers; Section 32- ,41 provides for the service of a i'Notice of Violation; .Section ~!32-42 provides for a hearing on ~violat~ons and Section 32-43 !:~rovides for penalties and ?.violations of Chapter 32. · Copies of said proposed ~:Locai Law are available for :f,mspectmn and d~str~bu~mn at ,the Town'Clerk!s Office to any , ti.ici.; fi ,~d p :l ,....-. du~z,r..~ basi? I{[:: PLEASE TAKE FURTI'[ER I~!!~NOTICE that a-public hearing ~llil~ith respect to sai~ Lbc~l Law i[;]~ill be held at the Southold ~?,~own Hall, Main Road South- %1d. New' Yort on the 23rd day ,,,of June. 1981 at 3:30 o'clock · [II!~P.M., at which time and ,II'~ll"" interested persons rill be !itI~iven an. opportunity 'to be , {{Iheard~_ '!ilOnTEO: Ma~, 26, ~9~ 'l", JUDITH T. TERRY , :~' S0uthold Town Clerk COUNTY OF SUFFOLK ~$: STATE OF NEW YORK ', Patricia Wood, being duly sworn; says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .............. ~ ......................... weeks successively, commencing on the ....... ~. ........................ day ~~...-.'~ -',m,,,.~., ....................... 19....~.~ ...~:.~/k %%4. .......... i.__~___~..~..~.:.....c~... .............. Sworn to before me this ........ .~..'~. ................. day of ................. CLEMENT