HomeMy WebLinkAbout2003_11_5_Local_Law_No_21 Local Law No. 21 -2003
This local law shall be known as the "Property Violations" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
Not only are there numerous property owners who have been issued notices
of violations or summonses for violating the New York State Building Codes
or the Town Code, but there is an ongoing problem getting those owners to
correct such violations. Moreover, under current law if for example, a notice
of violation has been issued to a home owner for constructing a deck that
violates the setback requirements of the zoning ordinance, that same home
owner still is entitled to obtain a building permit to construct a garage on the
property. The Town Board finds that there is a strong public interest in
assuring that violations be cured. This law addresses the problem by
requiring that such violations be corrected before the Director of Building
Code Enforcement and Land Use Administration can issue any further
building permits, certificates of completion, letters of compliance, certificates
of occupancy(permanent or temporary) or letters indicating that the
structures were built prior to the enactment of the zoning ordinance or the
adoption of one or more of its provisions.
Section 2 - Renumbering of a current section of the Mamaroneck Code:
Section 106-52 of the Code of the Town of Mamaroneck hereby is
renumbered 106-53. Except for its new number, all of the provisions of
former section 106-52 of the Code of the Town of Mamaroneck shall remain
in full force and effect.
Section 3 - Enactment of a new section for the Mamaroneck Code
The Code of the Town of Mamaroneck hereby is amended by adding the
following section thereto:
§ 106-52. Existing violations preventing the issuance of other permits,
certificates or letters.
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 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).
Section 4 -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 5- Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.