[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:
A.
Whatever is dangerous or detrimental to public health.
B.
Whatever renders soil, air, water or food impure or
unwholesome.
C.
Hog pens, accumulations of dung or manure, carcasses,
swill, urine of animals or any stinking, noxious, offensive, foul
or filthy liquids, materials or conditions.
D.
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.
E.
Accumulations of brush, tree stumps or other vegetative
wastes or rubble or construction wastes.
F.
Unsightly growths of weeds or other noxious vegetation.
H.
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.
I.
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.
J.
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.
A.
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.
B.
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.
C.
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.
