Village of Mill Neck, NY
Nassau County
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Table of Contents
Table of Contents
[Adopted 10-6-1992 by L.L. No. 11-1992]
No person shall create or maintain a public nuisance within the Village of Mill Neck, New York. A public nuisance consists of any unreasonable or unlawful use of a house, premises, place or property or other conduct or omission which results in discomfort, annoyance, inconvenience or damage to the public at large. Without limiting the foregoing designation of what constitutes a public nuisance, the maintenance of the following conditions is hereby specifically declared to be public nuisances:
Whatever is dangerous or detrimental to public health.
Whatever renders soil, air, water or food impure or unwholesome.
Hog pens, accumulations of dung or manure, carcasses, swill, urine of animals or any stinking, noxious, offensive, foul or filthy liquids, materials or conditions.
Rubbish, refuse or other waste, with the exception of such rubbish, refuse or other waste as is prepared for collection as provided in Chapter 72 of this Code.
Accumulations of brush, tree stumps or other vegetative wastes or rubble or construction wastes.
Unsightly growths of weeds or other noxious vegetation.
Ponds or pools of stagnant water, except those protected under the Freshwater Wetlands Act or the Tidal Wetlands Act.[1]
Editor's Note: See Environmental Conservation Law § 24-0101 et seq. and § 25-0101 et seq., respectively.
Pits, holes, excavations, uncovered wells or other declivities of land which are unsightly or are liable to cause injury to persons falling therein or therefrom.
Accumulations of junk, old metals or machinery, rags or newspapers or storage in the open of abandoned, inoperable or partially or completely dismantled motor vehicles.
Bamboo which is located within 10 feet of any property line, street or public right-of-way. The term "bamboo" shall be defined as any tropical or semitropical grass of the genera Bambus, Dendrocalamus or any another related genera. The provisions of this Subsection J shall not apply to any property used as a garden for educational purposes for which a special permit for a conditional use under Article IX and § 129-89 of the Village Code has been approved by the Board of Appeals.
[Added 5-13-2014 by L.L. No. 2-2014]
The imposition of any penalty for any violation of the provisions of this article shall not affect the power of the Board of Trustees to require the abatement of any public nuisance within such time as the Board shall fix nor prevent, in the event of neglect or refusal by any person to comply with any or all of the provisions of such an order, the entry by the Board of Trustees or its designees upon the premises wherein such nuisance is maintained, the removal of such nuisances by them and the assessment of all costs of such removal, including legal fees, against the real property affected.
Whenever the Board of Trustees determines that there is or may be any public nuisance being maintained within the Village, it shall cause a notice to be served upon the owner or occupant of the premises upon which such nuisance or possible nuisance is maintained requiring him to abate the same in such specified manner and within such specified period of time as the Board of Trustees shall deem reasonable under the circumstances and advising the owner or occupant that if he wishes to contest the fact that he is maintaining a nuisance, he should so advise the Clerk of the Village within 24 hours after the receipt of said notice, whereupon the Board of Trustees shall notice a public hearing to be held upon the matter. At the conclusion of the public hearing, the Board of Trustees shall determine whether or not in fact a public nuisance is being maintained upon the property, and if the Board of Trustees determines that a public nuisance is being maintained, it shall direct the owner or occupant to abate the same in such manner and within such period of time as it shall deem reasonable under the circumstances.
Notwithstanding the foregoing, if the Board of Trustees shall determine at any time that the threat to the public health, morals, safety or general welfare requires immediate action to abate such nuisance or if the owner or occupant shall fail to abate the nuisance after being directed to do so by the Board of Trustees, the Board of Trustees or its designees may abate the same at the expense of such owner or occupant of the premises, such expense to be collected by suit in the name of the Village if not paid to the Village within five days after demand.
In lieu of or in addition to the above procedures, the Village may bring action in any court of competent jurisdiction to seek the abatement of any public nuisance or other appropriate relief relating to any public nuisance.