[Adopted 6-1-1983 as L.L. No. 3-1983]
The Board of Trustees of the Village of Great
Neck Plaza hereby finds that it is necessary for the village to establish
procedures so that it can require owners of privately owned outdoor
property to perform certain repair, maintenance and/or improvement
work where the public has access to such property for parking or where
such property is used for commercial loading or unloading or garbage
pickup. The Board of Trustees further finds that the village requires
this power in order to prevent injury to persons and property and
in order to assure the maintenance of sanitary and safe conditions.
A.
The Building Inspector of the village is authorized
to designate privately owned outdoor property which requires repair,
maintenance and/or improvement work where he finds:
(1)
That the public has access to such property for parking
or that such property is used for commercial loading or unloading
or garbage pickup;
(2)
That without specified repair, maintenance and/or
improvement work, the use of such property presents a danger of personal
injury or serious property damage; or
(3)
That without specified repair, maintenance and/or
improvement, work the property creates a health hazard because of
unsanitary conditions.
B.
Any such private property so designated shall be referred
to as "improvement property."
C.
In designating any improvement property, the Building
Inspector shall identify:
(1)
The owner or owners of such property.
(2)
The precise location and dimensions of such property.
(3)
The conditions which he finds that require the designation
of such property as improvement property.
(4)
The repair, maintenance and/or improvement work that
is required of the owner in order to remedy the conditions which require
the designation of such property as improvement property, including,
but not limited to, requiring the grading and paving of the property
and requiring drainage to be imposed and/or provided.
(5)
Any repair, maintenance and/or improvement work that
is to be performed on only a portion of the property to be designated
improvement property and the manner in which such repair, maintenance
and/or improvement work will benefit the entire property to be designated
improvement property. In such case, the Building Inspector shall further
determine the percentage of the cost for the repair, maintenance and/or
improvement work that is to be borne by each owner of property in
the area that is to be designated improvement property according to
frontage, area or such other factors as the Building Inspector determines
to be just and equitable.
D.
The Building Inspector, prior to the designation of improvement property, shall notify the owner or owners of such property of the proposed designation, together with all of the information specified in Subsection C above, including the repair, maintenance and/or improvement work that will be required in connection therewith. Such notice shall be given not less than 15 days prior to any such designation and shall be given either personally or by certified mail, return receipt requested, to the owner's last known address. The notice shall also advise the owner that if he requests the right to appear before the Board of Trustees to be heard with respect to the proposed designation, then he shall be given the opportunity to do so at a public hearing, provided that he so notifies the Village Clerk by certified mail, return receipt requested, posted on or before the proposed date of designation.
E.
If the owner or owners of the property to be designated
improvement property request a public hearing by the Board of Trustees,
then he or they, as the case may be, shall be given notice of such
hearing, which hearing shall take place not less than 15 days after
the owner or owners have requested such opportunity to be heard. If
such hearing is requested, the Board shall hold the public hearing
after providing such public notice as is required by the Village Law.
The Village Clerk shall also furnish the owner or owners with notice
of the public hearing by certified mail, return receipt requested,
posted no less than 15 days prior to the date of the scheduled public
hearing.
F.
If the owner or owners of the property to be designated
improvement property do not request an opportunity to be heard by
the Board of Trustees, then the Building Inspector shall forthwith
designate such property improvement property and notify such owner
or owners of such designation by certified mail, return receipt requested.
Thereafter, such owner or owners shall be required to comply with
all requirements for repair, maintenance and/or improvement work contained
in the designation.
G.
In the event that the owner or owners have requested
a public hearing, then after said hearing the Board of Trustees shall
determine whether said property is to be designated improvement property
and, if so, the repair, maintenance and/or improvement work to be
performed by the owner or owners and all other conditions pertaining
thereto including, if relevant, the allocation of cost among the several
owners of the area designated as "improvement property." If the Board
of Trustees designates such property improvement property, then the
Village Clerk shall notify such owner or owners of such designation
by certified mail, return receipt requested. Thereafter, such owner
or owners shall be required to comply with all requirements for repair,
maintenance and/or improvement work contained in the designation.
An owner of property who fails to comply with
the designation of improvement property and the requirements for repair,
maintenance and/or improvement contained therein made by the Building
Inspector or the Board of Trustees, as the case may be, shall be deemed
to have violated the provisions of this Article and shall be liable
to pay a penalty not to exceed $250 or be imprisoned for a period
not to exceed 15 days, or both, for each violation.
