[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.]
[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)]
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.
