[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon 5-14-1940 (Ch. 169, Art. II, of the 1981
Code). Amendments noted where applicable.]
Whenever by the Code of the Village of Babylon
the owner and/or the occupant of any land or premises is required
to do or refrain from doing any specified act or thing in connection
with such land or premises or any public place adjacent thereto, and
whenever such owner or occupant shall nevertheless fail to do or refrain
from doing such act or thing, then a public nuisance shall be deemed
to exist.
[Amended 11-30-1981 by L.L. No. 11-1981]
Whenever, in any public place or on any premises
in the Village of Babylon, a nuisance shall have been found or declared
by resolution of the Board of Trustees or the Board of Health to exist
and an order shall then be made directing the owner, lessee, tenant
or occupant of such place to abate said nuisance, and shall be served
upon such person by certified mail, such nuisance shall be fully abated
within the time specified in said order. Upon the failure to comply
with said order within the time specified therein, said nuisance may
be abated by the Board of Trustees, and the cost thereof assessed
upon the land and premises affected thereby and shall be collected
as similar taxes are collected pursuant to law.
[Amended 11-30-1981 by L.L. No. 11-1981]
The power of abating nuisances herein conferred upon the Board of Trustees by § 237-2 hereof shall be deemed to be in addition to any other remedy or penalty provided in this Code, and such other remedy or penalty shall not be deemed in any way affected hereby.
[Amended 11-30-1981 by L.L. No. 11-1981[1]]
The enforcement official is hereby directed
and empowered to execute and enforce all rules, regulations and ordinances,
now or hereafter adopted by the Board of Trustees of said Village,
except such rules, regulations or ordinances for which other provision
is made for execution and enforcement.
[Amended 11-30-1981 by L.L. No. 11-1981[1]]
It shall be the duty of the enforcement official
to examine into the nature of complaints made by any persons concerning
sources and conditions dangerous to public health, safety and/or comfort,
and, when such conditions are found to be nuisances, said enforcement
official shall forthwith proceed to have the same abated or removed.
[Amended 11-30-1981 by L.L. No. 11-1981[1]]
It shall be the duty of the enforcement official
or any duly authorized person to enter upon or within premises, lots,
yards, buildings or houses at all times to investigate any condition
therein or thereon which may be deemed as dangerous to public health,
safety and/or comfort.
[Amended 11-30-1981 by L.L. No. 11-1981]
Any person who shall refuse to allow the aforementioned
inspection or investigation to be made or who shall hinder, obstruct
or interfere with such inspection or investigation shall be guilty
of a violation of this chapter.
[Added 11-30-1981 by L.L. No. 11-1981; amended 5-25-2021 by L.L. No. 6-2021]
A.
Any person who shall fail or refuse to obey an order
of the Board to remedy a violation pursuant to this chapter shall be guilty of a Class A misdemeanor punishable
by a fine of not less than $1,000 nor more than $2,500 which must
be imposed and a term of imprisonment for a period not to exceed one
year which may be imposed, or both, for a first offense; a fine of
not less than $2,500 nor more than $5,000 which must be imposed and
a term of imprisonment for a period not to exceed one year which may
be imposed, or both, for a second offense within five years of a conviction;
and a fine of not less than $5,000 nor more than $7,500 which must
be imposed and a term of imprisonment for a period not to exceed one
year, or both, for a third offense within five years of the first
conviction. The mandatory minimum fine must be imposed, and there
shall be no discretion in imposing the mandatory minimum fine, and
each day that such violation continues shall constitute a separate
offense hereunder.
B.
In addition, or as an alternative to the above-provided
penalties, the Board of Trustees may also 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 the violation
of this chapter.
[Added 6-5-1972]
No owner, lessee, tenant or occupant, whether
a person, copartnership, association, corporation or fiduciary, shall
maintain or allow to be maintained any building or structure, the
exterior surfaces of which are wood or other material not inherently
resistant to deterioration from the elements, wear or other cause
in such condition that the same becomes unsightly, a detriment to
adjoining buildings, property and neighborhood and a nuisance and
interferes with the promotion of the good order, peace, health, safety
and welfare of the inhabitants of the Village and the protection and
security of the property of owners and residents of the Village. Whenever
a nuisance shall have been found or declared by the Board of Trustees
to exist, an order shall then be made directing the owner, lessee,
tenant or occupant of such building or structure to abate the nuisance
by covering the exterior surfaces of such building or structure with
a protective coat of paint or other suitable preservative or material,
and such nuisance shall be fully abated within the time specified
in said order. Upon failure to comply with said order within the time
specified therein, said nuisance may be abated by the Board of Trustees
and the cost thereof assessed upon the land and premises affected
thereby.
[Added 5-25-2021 by L.L. No. 6-2021]
Where it reasonably appears that there is present a clear and
imminent danger to the life, safety or health of any person or property
unless said violation is remedied immediately, the Village Board may,
by resolution, authorize the remediation of the violation without
prior notice to the owner of the property. There shall be notice to
the owner as soon thereafter as possible to inform the owner of said
actions. The expenses of such remediation shall be a charge against
the land on which it is located and shall be assessed, levied and
collected as provided in Article 5 of the Village Law for the collection
and removal as a special ad valorem levy.
[Added 5-25-2021 by L.L. No. 6-2021]
Violations of the Babylon Village Code are a public nuisance
and affect the public's safety, health and welfare and should be remedied
to provide for the public good. The presence of motor vehicles, boats,
trailers, containers, partly constructed structures, and other objects
on vacant land or on a premises being unlawfully used is a blight
on the community, threatens the health, safety and welfare of the
community and poses an attractive nuisance for young children, who
may be injured thereon. These types of violations degrade neighborhoods,
affect property values, interfere with the quiet use and enjoyment
of the neighboring properties and seriously affect the aesthetics
of the community.
