I would like some clarification. I live in a Village that has now been dissolved. Does that mean that the village laws including codes have been eliminated, or do I still have to follow them?
Villages, Towns and Cities can enact their own laws and codes. These include anything thing from parking areas to building codes. When a municipal entity ceases to exist, then it is absorbed into the larger entity that surrounds it. Such as Villages are taken over by Towns.
Towns have their own laws and codes, and once the Village ceases to exist, the property within the old Village is now subject to the Town’s laws and codes. Additionally there is case law that indicates that the old Village’s laws and codes exist up to two years after the Village has dissolved. This gives the Towns time to determine if they wish to pass some of the old Village’s laws as their own. The Towns also have the option of accepting part of the laws, modifying some and rejecting others. This will be determined by the Town board.
But what really happens during the time that the laws remain in effect, and before the Towns adopt them, or they disappear at the end of two years? Village laws are enforced by the Village. Building codes are enforced by the Village Code Officer. Parking restrictions are enforced by local police forces, or parking enforcement officers. Since none of these positions exist anymore, there is no one to enforce the laws, effectively making them unenforceable.
But before you put that 12 foot fence up around your yard, you had better talk to the Town zoning officer and code enforcement officer and find out what laws are currently in place in the Town. Many Towns have their codes set up on-line at their municipal web-sites, so it’s not too difficult to determine what they are.
As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.
If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St., Palmyra, NY 14522 or csail@verizon.net