HomeMy WebLinkAbout2004_3_17_Local_Law_No_3 Local Law No. 3-2004
This local law shall be known as the "First Amendment of the Removal of
Violations " Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
On November 5, 2003, the Town Board enacted Local Law No. 21-2003 entitled
the "Removal of Violations" Law. Pursuant to that law the Director of Building
Code Enforcement and Land Use Administration is prohibited from issuing any
building permits, certificates of completion, letters of compliance, certificates of
occupancy (permanent or temporary) or letters indicating that structures were
built prior to the enactment of the zoning ordinance or the adoption of one or
more of its provisions for any property on which there is an outstanding violation
of the New York State Building Codes or the Town Code. Omitted from the list
of permits referred to Local Law No. 21-2003 were plumbing permits which are
issued by the Director of Building Code Enforcement and Land Use
Administration and street opening permits which are issued not by the Director
of Building Code Enforcement and Land Use Administration but by the
Superintendent of Highways. Also omitted from the statute was an exception to
allow the issuance of permits for work to be done to correct violations. This
amendment corrects those oversights.
Section 2 -Amendment of a section of the Code of the Town of Mamaroneck:
The Code of the Town of Mamaroneck hereby is amended by deleting the
current section 106-52 and substituting the following in its place
§ 106-52. Existing violations preventing the issuance of other permits,
certificates or letters.
A. When a notice of violation or a summons has been issued with respect to a
particular property for a violation of any provision of the New York State Building
Codes or the Town Code and such violation has not been corrected, the
Director of Building Code Enforcement and Land Use Administration shall not
issue (1) any plumbing permits, building permits, certificates of completion,
letters of compliance or certificates of occupancy (permanent or temporary) with
respect to that property or (2) any letters indicating that the structures (as that
term is defined in section 240-4) on that property were constructed prior to
either the enactment of the zoning ordinance or the adoption of one or more of
its provisions. This section shall not apply when a summons described in the
preceding sentence has been dismissed by the Justice Court of the Town of
Mamaroneck (or in the case of a summons heard by some other Court, the
Court that adjudicated that summons).
B. When a notice of violation or a summons has been issued with respect to a
particular property for a violation of any provision of the New York State Building
Codes or the Town Code and such violation has not been corrected, the
Superintendent of Highways shall not issue any street opening permits with
respect to that property. This section shall not apply when a summons
described in the preceding sentence has been dismissed by the Justice Court of
the Town of Mamaroneck (or in the case of a summons heard by some other
Court, the Court that adjudicated that summons).
C. Notwithstanding paragraphs A and B of this section, the Director of Building
Code Enforcement and Land Use Administration and the Superintendent of
Highways may issue the permits that are required for work to be done to correct
a violation of the New York State Building Codes or the Town Code.
Section 3 - Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by
any court of competent jurisdiction, such declaration of unconstitutionality or
invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the
invalid or unconstitutional provisions.
Section 4 - Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
Adopted March 17, 2004