[Adopted 4-3-2023 by L.L. No. 5-2023]
No person shall pass, leave or cause or permit to be placed or left upon any street or sidewalk area any boxes, papers, goods, wares, merchandise, dirt, sweepings, litter, garbage or refuse of any kind or character whatsoever, unless the same shall be placed for collection in accordance with Articles II and III of Chapter 172 of the Village Code of Airmont.
A.
Any owner, tenant or occupant of any property in violation of this chapter located within the Village of Airmont shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or assistant, Building Inspector or subordinate with code enforcement authority within five days of the service of written notice as provided in Subsection C below or as otherwise provided in the notice.
B.
Any person responsible for the creation of an offense under this chapter affecting a public street or other public property within the Village of Airmont shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or assistant, Building Inspector or subordinate with code enforcement authority within five days of the service of written notice as provided in Subsection C below or as otherwise provided in the notice.
C.
All written
notice under this section shall be served on the owner, tenant or
occupant of any property located within the Village of Airmont by
posting a copy of such violation notice upon the front portion of
the property or upon the main structure and by mailing a copy of such
notice by ordinary mail to the owner of the property as shown on the
latest assessment rolls of the Village. In the case of any person
responsible for the creation of an offense existing upon a public
street or public property, notice may be personally served on such
person or mailed by ordinary mail to such person at such person's
last known address. If directed against a corporation, notice may
be served upon the corporation at its principal place of business,
upon an agent of the corporation within the Village of Airmont or
upon the Secretary of State.
D.
The Building Inspector and his subordinates with code enforcement authority shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties other than public property, and such officer shall provide written notice of noncompliance to the owner, tenant or occupant as provided in Subsection C, which shall require the removal within five days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure or as otherwise provided in the notice.
A.
Upon the
failure of an owner, tenant or occupant to comply with a notice to
correct a condition complained of concerning curbside refuse within
48 hours, the Village may authorize the removal of such refuse.
B.
Removal
of refuse may be performed by the Building and Grounds Department
or the designee of the Village Board of Trustees, including but not
limited to a private contractor. The Village Board shall ascertain
the cost of the proceeding and the costs of the removal, and such
costs shall be charged and assessed against the owner of the property.
C.
The expense
so assessed shall constitute a lien and charge on the real property
on which it is levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as
to the Village charges.
D.
Upon the
request of an owner, tenant or occupant, that individual may request
and the Board may hold a public hearing prior to the final assessment
of any such costs or charges to be levied.
Nothing contained herein shall prohibit the Village of Airmont
from acting to remove such refuse should it be determined that the
health, welfare and safety of the Village, its residents or others
be implicated.
