Village of North Hills, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of North Hills 11-17-1992 by L.L. No. 10-1992 (Ch. 146 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Health and nuisances — See Ch. 143.
Garbage, rubbish and refuse — See Ch. 183, Art. I.
Streets and sidewalks — See Ch. 186.
The property which is the subject of this chapter shall be the areas of any village, county or state street, road or highway located between the paved portion of such public right-of-way and the boundary of any adjacent property. For the purposes of this chapter, the term "public right-of-way" shall refer to any such village, county or state street, road or highway.
A. 
It shall be the obligation of each owner of property adjacent to any public right-of-way located within the Village of North Hills to maintain the portion of such right-of-way between the paved portion of such public right-of-way and the boundary of such owner's adjoining property.
B. 
The duty of maintenance referred to in this section shall include, but not be limited to, repair and maintenance of sidewalks or curbs where the same may exist and maintenance of trees, shrubs, bushes, grass or other landscaping and landscaped areas located between the paved portion of a public right-of-way and the boundary of such owner's adjoining property. Maintenance of sidewalks and curbs shall include the prompt removal of snow and ice, and maintenance of all other areas shall include removal of accumulated debris and rubbish, cutting of natural growths and removal of dead or diseased plantings.
C. 
In the event that any person fails or neglects to fulfill an obligation pursuant to this chapter and such failure or neglect is the proximate cause of injury or damage to any person or property, such person shall be liable in civil damages to any person or entity who or which sustains such injury or damage, in an amount which may be awarded by a court of appropriate jurisdiction by reason of such injury or damage to person or property.
[Added 6-28-2000 by L.L. No. 6-2000]
A. 
The Board of Trustees hereby recognizes serious health concerns which have arisen regarding the spread of West Nile Virus, or similar diseases carried by mosquitoes. This section is enacted by the Village in order to assist in creating and implementing effective programs for control and surveillance of mosquito breeding sites, toward the goal of reducing the possible spread of diseases communicated by mosquitoes.
B. 
Every person or entity owning, or having control over, any property in the Village shall maintain such property in such manner as to avoid or eliminate any conditions conducive to the breeding of mosquitoes, which actions shall include, but not be limited to, permitting standing freshwater to remain in place outdoors on such property for more than two days, unless such standing freshwater is either treated or managed in a manner approved by the Nassau County Department of Health for the elimination or control of mosquito breeding or circulated in such manner as to remove the threat of breeding mosquitoes.
[Added 8-20-2008 by L.L. No. 2-2008]
A. 
Each owner of private property in the Village on which is located any recharge basin, sump, pond, or other drainage facility, by whatever name known, shall maintain the same in a condition such that the facility functions in the intended manner and to the intended extent.
B. 
Each day on which such owner violates this section shall constitute a separate violation.
C. 
For the purposes of this section, where the facility is located within a common area of a condominium or homeowners' association, the "owner of the property" shall be deemed to be the managing board of the condominium or association in its managerial capacity and not the individual board members.
A. 
The remedies and penalties provided in this section are in addition to any other penalty which may be applicable in the event of violation of any provision of this chapter.
B. 
In the event that any person shall fail to fulfill such person's obligations under this chapter, the Code Enforcement Officer may issue a notice directing such person to fulfill such obligation, stating a reasonable period of time for such maintenance to be done. In the event that such person fails to perform the required maintenance within the specified period of time, the Village Administrator may give such person notice of the time, date and place of a meeting of the Board of Trustees at which the Board will hear such person in connection with the possible imposition of additional remedies as provided in this section.
C. 
At such meeting, and after any person receiving such notice has had a reasonable opportunity to be heard, the Board of Trustees may direct that remedial maintenance work be performed to accomplish the maintenance of property required by this chapter, and may direct that such work be completed within a specified period of time. The Board may also direct that in the event that such work is not completed as so directed, the Village of North Hills shall perform such work, and the cost of such performance, including the costs of any legal services in connection with such performance, shall be charged to the owner of property whose obligation it was to perform such work. In the event that such charge is not paid by such owner within 30 days after written notice thereof, such charge may be applied against, and collected from, said owner's adjacent property in the same manner as a tax on real property.