[HISTORY: Adopted by the Board of Trustees
of the Village of Lake Grove as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-4-1999 by L.L. No. 1-1999]
As used in this article, the following terms
shall have the meanings indicated:
Any building which remains unoccupied for a period of more
than 60 days with either doors, windows or other openings broken,
removed, boarded or similarly sealed or any building under construction,
upon which little or no construction work has been performed for a
period of three months, or any building within the village which has
been fire-damaged or damaged by act of God and allowed to so remain,
which shall be presumed to constitute a hazard.
The exterior of all residential dwellings and
structures shall be maintained so that the premises and all buildings
shall reflect a level of maintenance. Such maintenance shall include
all exposed exterior surfaces maintained free of broken or cracked
glass, loose shingles or loose or crumbling stones or bricks, loose
shutters, railings, aerials, excessive peeling paint or other conditions
reflective of deterioration or inadequate maintenance. Said conditions
shall be corrected by repair or removal. All exposed exterior surfaces
of structures not inherently resistant to deterioration shall be coated,
treated or sealed to protect them from deterioration or weathering.
Wood, masonry or other exterior materials that will naturally resist
deterioration do not have to be treated but must otherwise be maintained
in a sound, secure, workmanlike and sightly manner. Exterior surfaces
that have been painted or otherwise coated must be maintained in a
neat, orderly, serviceable manner. Floors, walls, ceilings, stairs
and fixtures of buildings shall be maintained in a clean, safe, sanitary
condition. Every floor, exterior wall, roof, porch or appurtenance
thereto shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the building or to the public
in general.
A.
The owner of a vacated building shall take such steps
and perform such acts as may be required of him from time to time
by the village's Building Inspector and/or the Code Enforcement Officer
to ensure that the building and its adjoining yards remain safe and
secure and do not present a hazard to adjoining property or to the
public. All openings shall be provided with painted exterior-grade
plywood closures, securely fastened. All debris must be removed. Lawn
and shrubs must be maintained as described in this article. Any accessory
structures must be secured and maintained. No vehicles, debris, garbage
and/or litter may accumulate on the premises. All vegetation must
be trimmed, mowed and maintained at least four times per year during
the growing season from May 1 through October 31.
[Amended 6-18-2009 by L.L. No. 1-2009]
It shall be unlawful for any owner, lessee or
occupant, or any agent, servant, representative or employee of any
such owner, lessee or occupant, having control of any occupied or
unoccupied building lot or plot of land, or any part thereof, in any
developed section of the Village of Lake Grove to permit or maintain
on any such lot or plot any growth of weeds, grass or other rank vegetation
to a height greater than six inches on the average or any accumulation
of dead grass, weeds, brush, mulch, soil, dirt or sand. It shall also
be unlawful for any such person to cause, suffer or allow poison ivy,
ragweed or other poisonous or noxious plants or plants detrimental
to health to grow on any such lot or plot of land in such manner that
any part of such ivy, ragweed or other poisonous weed or plant shall
extend upon, overhang or border any public place. Furthermore, it
shall be unlawful to allow, store, or allow the storage of any vehicles,
campers, camper trailers, mobile homes, house trailers, boats, boat
trailers, motorcycles, motorcycle trailers, utility trailers, bicycles,
or the like on any vacant property in the Village of Lake Grove. For
the purpose of this section, vacant property, lots, or land shall
mean any lot described in the Village of Lake Grove records or tax
maps on which there is no dwelling.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Lake Grove to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 125-3, provided that cutting and removing such weeds, grass or vegetation at least four times per year between April 1 and October 31 shall be deemed to be a compliance with this article.
[Amended 6-18-2009 by L.L. No. 1-2009]
It shall be unlawful for any person, either
as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit
or cause or permit to run, drop or remain or to be thrown, cast or
deposited in or upon any vacant lot of land or vacant place upon the
surface of any lot of land, enclosed or otherwise, within the Village
of Lake Grove, except at such place as designated or provided by the
Village Board of the Incorporated Village of Lake Grove, any waste,
leaves, brush, hay, weeds, straw, litter, debris, wastepaper, boxes,
shavings or any filthy, combustible or flammable materials, or rubbish,
or garbage of any kind or dirt whereby a fire hazard, danger or risk
of any kind is or may be endangered or injurious or whereby the premises
of another or the enjoyment of the premises of another is or may be
injured, damaged, interfered with or prejudiced. For the purpose of
this section, vacant property, lots, or land shall mean any lot described
in the Village of Lake Grove records or tax maps on which there is
no dwelling.
If the provisions of any of the foregoing sections
are not complied with, the Building Inspector or Code Enforcement
Officer shall serve written notice, either personally or by mail,
upon the owner, lessee or occupant, or any person having the care
or control of any such lot of land, to comply with the provisions
of this article. If the person upon whom the notice is served fails,
neglects or refuses to cut, remove or cause to be cut and removed
such weeds, grass, vegetation, debris, garbage or rubbish within 10
days after such notice is given or if no person can be found in the
Village of Lake Grove who either is or claims to be the owner of such
lot or land or who either represents or claims to represent such owner,
the Building Inspector or Code Enforcement Officer may cause such
weeds, grass, vegetation, debris or garbage where located to be removed
and the cost of such removal shall be added to and become and form
part of the taxes next to be assessed and levied upon such lot or
land and shall bear interest at the same rate as taxes and shall be
collected and enforced by the same officers and in the same manner
as taxes.
In the event of a violation of the provisions
of this article, the Code Enforcement Officer or Building Inspector
may issue a conditional summons. If the condition causing the violation
is not corrected within five days of issuance, the summons shall become
effective. The violation shall be deemed a continuing violation until
corrected, and fines shall continue to accrue daily.
[Added 6-18-2009 by L.L. No. 1-2009]
All commercially zoned properties and retail establishments
shall be maintained aesthetically, architecturally and essentially
unmodified as a site from the original site plan approved by the Village
unless amendments have been applied for and approved by the Village.
Structures shall be maintained free of broken or cracked glass, loose
siding, loose or crumbling stones or bricks, loose shutters, loose
railings, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance. All landscaping shall be
maintained as originally approved, with dead plantings, including
trees, bushes and ground cover, to be replaced. All washed out or
damaged planting areas shall be repaired and maintained to prevent
further damage, erosion and safety issues.
[Adopted 8-15-2013 by L.L. No. 3-2013]
As used in this article, the following terms shall have the
meanings indicated.
Running bamboo, clumping bamboo, defined as any tropical
or semitropical monopodial (leptomorph) or sympodial (pachymorph)
grasses, including but not limited to Arundinaria, Bambusa, Chimonobambusa,
Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa,
Sasa, Sasaella and Semiarundinaria.
Certain plant species, commonly known as "bamboo" are invasive
and dangerous to the health, safety and welfare of persons and properties
within the Incorporated Village of Lake Grove. This article is designed
to protect the health, safety and welfare of both persons and properties
within the Village of Lake Grove from damage caused by bamboo.
No property owner, tenant, occupant or resident shall grow or
plant bamboo.
A.
Existing bamboo as of the date of adoption of this article must be
maintained and contained by the owner, tenant, occupant or resident
as follows: No bamboo shall be grown or maintained within 40 feet
of any public street, sidewalk, roadway or right-of-way, or within
10 feet of any property line.
B.
It shall be required of a property owner, tenant, occupant or resident that for any bamboo that predates the adoption of this article, same must be cleared and maintained in accordance with Subsection A above, and proper and sufficient root barrier system must be installed to prevent the spread, encroachment, invasion or intrusion of same onto any other property or right-of-way.
C.
The Incorporated Village of Lake Grove shall notify the owner, occupant, resident or tenant of a property which may be in violation of Subsection A or B above, and the notice shall specify a time, not less than 15 days, to comply with the provisions therein. Said notice shall be in writing and served personally or by certified mail. Service shall be deemed complete on the day the delivery of mail or personal service is completed.
D.
In the event any species commonly considered to be classified as
bamboo is found to have encroached, spread, invaded or intruded upon
any other property or right-of-way, said species shall be presumed
to be classified as running bamboo. This presumption shall be rebuttable.
Any person or corporation violating any provision of § 125-12, upon a finding or plea of guilty to this section, shall be fined as follows: upon a first conviction, be fined not less than $250 nor more than $1,000; and upon a subsequent conviction, be fined not less than $500 nor more than $2,000. Each day's continued violation shall constitute a separate, additional violation.
