§ 105-128. Enforcement.

A. 

General. The provisions described in this Article and in any other ordinance of the Village applicable to the development of any areas pursuant to this Article shall be enforced by the Building Inspector of the Incorporated Village of Lake Success, or his authorized deputy as designated by the Village Board of Trustees, in accordance with the provisions of §§ 105-1 through 105-5 of the Building Zone Ordinance of the Incorporated Village of Lake Success, and failure of the Village to enforce any or all of said regulations and provisions shall, in no event, be deemed a waiver of the right to do so thereafter.

B. 

Enforcement of performance standards.

(1) 

If the Building Inspector finds that there is any violation of performance standards relating to emission of smoke, fire and explosive hazards, humidity, heat, light or electromagnetic interference, he shall take or cause to be taken lawful action as provided in Subsection B(2) hereof to eliminate such violation, and failure to obey lawful orders concerning cessation of violation within five working days from the date of the issuance of such order shall be punishable as provided in Subsection F hereof.

(2) 

If, in the judgment of the Building Inspector, there is violation of performance standards concerning the emission of particulate matter, vibration, noise, toxic or noxious matter, odorous matter or radiation hazards, the following procedures shall be followed in lieu of the provisions of Article I of the Building Zone Ordinance:

(a) 

The Building Inspector shall give written notice by registered or certified mail to the owner and tenants of the property upon which the alleged violation occurs. Such notice shall describe the particulars of the alleged violation and the reasons why the Building Inspector believes there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Building Inspector within a reasonable time limit set by the Building Inspector. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Building Inspector within the time limit constitutes admission of violation of the provisions of this Article. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made, and that if violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that if it is determined that no violation exists, costs of determination will be paid by the Village.

(b) 

If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Building Inspector, he shall note "violation corrected" on his copy of the notice and shall retain it among his records.

(c) 

If there is no reply within the time limit set [thus establishing admission of violation as provided in Subsection B(2)(a) above] and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he shall proceed to take or cause to be taken such action as warranted by continuance of an admitted violation after notice to cease.

(d) 

If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Building Inspector, but that more time is required than was granted by the original notice, the Building Inspector may grant an extension of time if he deems such extension warranted in the circumstances of the case and if such extension will not, in his opinion, cause imminent peril to life, health or property. In acting on such requests for extension of time, the Building Inspector shall, in writing, state his reasons for granting or refusing to grant such extension.

(e) 

If a reply is received within the time limit set requesting technical determinations as set forth in Subsection B(2)(a) above and if the alleged violation continues, the Building Inspector may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of Subsection F hereof. If no violation is found, costs of the determinations shall be paid by the Village without assessment against the properties or persons involved.

C. 

Complaint. Whenever a violation of this Article occurs or is alleged to have occurred, any person may file a written complaint with the Village Clerk. Such complaint shall state fully the causes and basis thereof. The Village Clerk shall record the complaint properly and refer the same promptly to the Building Inspector, who shall take action thereon as provided by this Article.

D. 

Remedies. In case any building is erected, constructed, reconstructed, altered, maintained or used in violation of this Article, the Building Inspector, the Board of Trustees, the Planning Board or any person aggrieved may, in addition to other remedies provided by law, institute injunction, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

Editor's Note: Original Sections 16.4, Misdemeanor, and 16.5, Penalties, which immediately followed this subsection, were deleted at time of adoption of Code; see Ch. 1, General Provisions, Art, I.

E. 

Article XIX of this chapter, as amended, is herewith further amended to conform to this Article.

Amended 7-22-1968