[Adopted 6-12-1984 by L.L. No. 4-1984]
The Board of Trustees of the Village of Wesley Hills finds and
declares it to be the public policy of the Village to prevent the
maintenance of any parcel of real property in the Village in a cluttered
or unclean condition which renders it aesthetically offensive or creates
the potential for a public nuisance or a public health hazard.
No litter, debris, junk, rubbish, or other waste materials of
any kind shall be left deposited on any lot or street in the Village
of Wesley Hills.
[Amended 5-14-2002 by L.L. No. 2-2002[1]]
Whenever the Mayor, Deputy Mayor, or Code Inspector of the Village
of Wesley Hills determines that a violation of this article has occurred,
he shall serve a notice of violation personally or by certified mail
upon the last known owner of the property on which such violation
exists, as shown on the last preceding tax assessment roll. If mailed,
such notice shall be addressed to the owner of record of such property
at the address shown on the last preceding tax assessment roll. Such
notice shall give such owner 15 days to correct such violation. The
owner shall remove such litter, debris, junk, rubbish, or other waste
materials from such property, or shall cause such materials to be
removed, within the time specified in said notice.
A.
In the event all such litter, debris, junk, rubbish or other waste materials shall not be removed within the time specified in the notice to remove, the Board of Trustees shall hold a hearing, upon five days' public notice, to determine whether the continued deposit of such materials is aesthetically offensive or constitutes a public nuisance or a public health hazard. Notice of such hearing shall be given to the owner of the property, in the manner specified in § 154-3 hereinabove, at least five days prior to such hearing.
B.
If, after such hearing, the Board of Trustees deems the continued
deposit of such materials to be aesthetically offensive or to constitute
a public nuisance or a public health hazard, it shall give notice
of such findings by certified mail addressed to the owner of record
of such property at the address shown on the last preceding tax assessment
roll. Such notice shall further state that if at least 10 days elapses
from the service thereof, and the violation has not been fully corrected,
the Board of Trustees will cause the violation to be corrected and
that the entire expense of such correction shall be assessed against
such property.
C.
If a period of at least 10 days elapses from the service of the notice required by Subsection B hereinabove, and the violation has not been fully corrected, the Board of Trustees shall proceed to take whatever action is necessary to cause the litter, debris, junk, rubbish, or other waste materials to be removed from such property. The total expense of such removal shall be assessed against such property by the Board of Trustees in the manner provided in Subsection D hereinbelow.
D.
The Board of Trustees shall serve personally or by certified mail
upon the owner of record of such property at the address shown in
the last preceding tax assessment roll a written notice stating that,
at a time and place specified therein, it will assess the expense
of such removal against such property. Such notice shall be served
at least eight days previous to the time specified therein. If directed
against a corporation, it may be served upon the corporation at its
principal place of business, upon an agent of the corporation within
the Village, or upon the Secretary of State. Notice served upon the
Secretary of State shall be served at least 12 days previous to the
time specified therein. At the time and place so specified, the Board
of Trustees shall hear the parties interested and shall thereupon
finally determine the assessment, stating therein the name of each
owner and the amount so assessed. The amount so assessed shall constitute
a lien on the real property on which it is levied until paid or otherwise
canceled pursuant to the provisions of § 5-516 of the Village
Law and shall be collected in the same manner as other Village special
assessments pursuant to the provisions of § 5-518 of the
Village Law.
A.
Any person who shall refuse or neglect to comply with the conditions
of any notice as is provided for by this article shall be guilty of
a violation of this article. In addition to any other penalty or remedy
herein provided, each and every violation of this article shall be
punishable by a fine not to exceed $500 or a sentence of imprisonment
not to exceed one month, or both. Each week's continued violation
shall constitute a separate violation.
B.
In addition to all other remedies provided for herein, the Board
of Trustees may also enforce obedience to this article by injunction
or by any other remedy available to it by virtue of the judicial process.
