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Village of Asharoken, NY
Suffolk County
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It shall be a violation of this article for an owner or resident of property to create, cause, maintain or permit to continue any of the following conditions:
The accumulation on property of any junk, garbage, stagnant water (including, but not limited to, unfiltered swimming pool water), wastewater, raw sewage, sewage, wastepaper, rubbish, wood, paper or paper boxes, iron, tin, nails, bottles or glass of any kind, old cars and parts thereof, discarded appliances, such as refrigerators and the like, or other debris upon any property.
Property upon which grass, weeds or saplings have become untrimmed and overgrown and unsightly, when said grass, weeds or saplings are exposed to public view or present a danger to neighbors or the public.
Abandoned swimming pool, either empty or with untreated water.
Any hazardous condition of terrain, grading or drainage, or construction, in or upon property wherein said hazardous condition shall constitute a menace to the property, lines, mains, streets, sidewalks, equipment, structures or buildings owned by the Village or by adjoining property owners.
Upon the Superintendent's observation of any condition constituting a violation pursuant to § 46-3 of this article, the Superintendent shall promptly make an investigation of said condition and file a written report of his investigation with the Board of Trustees. Simultaneously, the Superintendent shall notify the owner and resident of the property of the alleged violation. Said notice shall indicate the date of meeting during which the report of the Superintendent will be reviewed and examined by the Board of Trustees and shall indicate that the owner and resident will be given the opportunity to respond to the Superintendent's report.
If the Board of Trustees, after reviewing the report of the Superintendent and hearing the owner and/or resident accused of violating the provisions of this article, shall find that a violation exists, it shall cause a notice to be served to said owner and/or resident stating that the condition constituting the violation must be remedied within five business days or, if the condition shall be of a nature that it cannot be remedied within five business days, that remedy of the condition must commence within five business days and be diligently pursued until remedied. The notice shall further state that if the owner and/or resident fails to remedy the condition, the Village will cause the condition to be remedied and the cost thereof assessed against the property.
In the event that the Village remedies the condition constituting the violation, the Superintendent shall submit a written report thereof to the Board of Trustees describing the actions taken and shall include a compilation of all costs and expenses incurred by the Village. At the next regularly scheduled meeting of the Board of Trustees, the Board shall confirm said costs and expenses as an assessment against the real property involved, by duly adopted resolution. A copy of said resolution shall be mailed to the address of the owner of the property, as said address appears upon the latest assessment roll of the Village. A lien of special assessment shall thereupon arise as provided for by the Village Law of the State of New York. Said assessment shall be collected in the manner provided for by the Village Law of the State of New York.