Village of New Hempstead, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Hempstead 11-15-1983 by L.L. No. 8-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 105.
Building construction — See Ch. 122.
Unsafe buildings — See Ch. 130.
Solid waste — See Ch. 235.
Storm sewers — See Ch. 240.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Board of Trustees of the Village of New Hempstead 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 so as to create unsanitary conditions or create the potential for a public nuisance or a public health hazard.
[Amended 9-22-1988 by L.L. No. 8-1988]
A. 
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 New Hempstead.
B. 
Grass, weeds or other vegetation on private property shall not be permitted to grow to a height in violation of the New York State Property Maintenance Code, as may be amended from time to time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
No resident or property owner of a parcel located within the Village shall store or cause to be placed any trash receptacles, bins, cans, dumpsters or any other items storing trash, debris or garbage within 10 feet of any setback or property line as required under this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Whenever the Code Inspector determines that a violation of this chapter 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 10 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.
B. 
This section shall not apply to the growth of grass, weeds or other vegetation on private property.
[Added 9-22-1988 by L.L. No. 8-1988]
C. 
In the event of an emergency or a situation that, in the opinion of the Mayor, police or any other authorized person, exists that constitutes an imminent threat to public safety, or possesses a substantial risk to the integrity of a structure, the Village may act to remediate or abate such condition after attempting all reasonable means of contacting the owner, occupant or tenant of said property.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
In the event that 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 creates unsanitary conditions 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 § 209-3 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 create unsanitary conditions 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 elapse from the service thereof and the violation has not been fully corrected, the Board of Trustees will cause the violation to be corrected and 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 on 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.
[Added 9-22-1988 by L.L. No. 8-1988]
A. 
Whenever the Code Inspector believes that a violation of this chapter exists concerning the height of grass, weeds or other vegetation, he shall notify the Board of Trustees of said condition, in writing, setting forth the name of the property owner, together with the address, tax lot number and height of growth on the subject property.
B. 
In the event that the Board of Trustees determines that the height of such growth may be in violation of § 209-2 of this chapter and that the growth may create unsanitary conditions, said Board shall direct the Code Inspector to serve a notice thereof in the manner set forth in § 209-3 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
If the condition is not corrected within the ten-day period specified in the aforesaid notice, the Board of Trustees may institute the proceedings set forth in § 209-4 and cause correction of said condition as provided in such § 209-4.
A. 
Any person who shall refuse or neglect to comply with the conditions of any notice as is provided for by this chapter shall be guilty of a violation of this chapter. In addition to any other penalty or remedy herein provided, each and every violation of this chapter shall be punishable by a fine not to exceed $5,000 or a sentence of imprisonment not to exceed 15 days, or both. Each week's continued violation shall constitute a separate violation.
[Amended 5-22-2017 by L.L. No. 2-2017]
B. 
In addition to all other remedies provided for herein, the Board of Trustees may also enforce obedience to this chapter by injunction or by any other remedy available to it by virtue of the judicial process.