[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 9-16-2008 by L.L. No. 2-2008. Amendments noted where
applicable.]
It is the intention of the Lindenhurst Village
Board pursuant to the Village Law, and all other applicable and successor
laws and rules, to maintain a clean, wholesome, attractive community
and to guard against the creation of nuisances and conditions that
may endanger the health, safety and welfare of Village residents;
spread disease; create fire hazards; reduce the value of property;
interfere with the use and enjoyment of adjoining properties and interfere
with the comfort and well-being of the public.
A.Â
No temporary storage container, generally referred
to as a portable on-demand storage unit (POD) shall be kept or maintained
in a residentially zoned or residentially utilized lot or tract of
land for more than 30 days without the prior written approval of the
Village Administrator, and in no event shall the Village Administrator
permit the unit to be kept for more than 180 days on the subject property.
B.Â
A portable on-demand storage unit (POD) or other temporary
storage facility kept or maintained in a residentially-zoned or residentially
utilized lot or tract of land improved by a building structure shall
be located behind the front line of the main building structure, projected
to the side lines of the lot. The Village Administrator, at his discretion,
may approve another location for placement of the unit on the property
as long as no hazard or nuisance is created thereby. At no time shall
the portable on-demand storage unit (POD) or other temporary storage
facility be located or maintained on any sidewalk, street, roadway
or public right-of-way.
A portable on demand storage unit (POD) or other
temporary storage facility placed, located or maintained on a sidewalk,
street, roadway or public right-of-way shall be deemed abandoned and
a hazard to the general public, and the Village shall be authorized
to impound such units without notice to the owner or occupier of the
property and/or the owner of the storage unit. Such owners and/or
occupiers shall be jointly and severally liable to the Village in
the sum of $500 for each unit impounded and a storage fee of $20 per
unit for each day, or part thereof, that the unit(s) are stored by
the Village.
A.Â
A person or business entity who commits or permits
any acts in violation of any provisions of this chapter shall be deemed
to have committed an offense against this article and shall upon conviction
thereof be subject to a fine or penalty of not less than $150 and
not more than $1,500. Each day or part thereof such violation continues
or is permitted to exist shall constitute a separate offense punishable
in like manner.
B.Â
In addition to the penalties set forth above and any
other remedy available to the Village, the Board of Trustees may maintain
an action or proceeding in the name of the Village in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
a violation of this chapter and/or to recover legal fees.
