[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven 7-22-1992 by L.L. No. 2-1992 (superseding former Ch. 99, Nuisances, adopted 9-29-1930 by Ord. No. XIII). Amendments noted where applicable.]
Unsafe buildings — See Ch. 41.
Outdoor burning — See Ch. 43.
Animal nuisances — See Ch. 54.
Graffiti — See Ch. 77A.
Health and sanitation — See Ch. 80.
Littering — See Ch. 90.
Property maintenance — See Ch. 112.
Abandoned refrigerators — See Ch. 116.
Refuse and recyclables — See Ch. 118.
Shopping carts — See Ch. 125.
The following conditions are hereby declared to be nuisances, and the maintenance of such nuisances is hereby prohibited within the Incorporated Village of Manorhaven. It shall be unlawful for any owner of real property within the village, or the agent of such owner, and/or any person, firm or corporation lawfully occupying any real property within the village to permit:
Whatever is dangerous to human life and health.
Uncut grass, weeds, brush or any portion of said growth to obtain a height in excess of six inches.
Garbage, rubbish, rubble, recyclables, debris or discarded furniture or personal belongings to accumulate thereon.
Boats or motor vehicles or portions thereof to be stored for unreasonable periods of time or abandoned on the premises.
A building, or structural part, or basement or cellar thereof, to be overcrowded or not provided with adequate means of egress or not sufficiently supported, ventilated, sewered, drained or cleaned.
Whatever renders soil, air, water or food impure or unwholesome.
Slaughterhouses, privies, hogpens, accumulations of dung or manure, carcasses, swill, brine, urine of animals or any stinking, obnoxious, offensive, foul or filthy liquids or other matters or conditions.
Discarded material of any kind or garbage or rubbish or refuse that is maintained beyond normally scheduled garbage removal.
Accumulations of brush, tree stumps or other vegetative waste or rubble or construction waste that is maintained beyond normally scheduled garbage removal.
Ponds or pools of stagnant water.
Pits, holes, excavations, uncovered wells or other declivities of land which are unsightly or are liable to cause injuries to persons falling therein or therefrom.
Barbed-wire, razor-wire, chicken wire, welded wire or electrified fences or such fences as are otherwise forbidden by the provisions of the Code of the Incorporated Village of Manorhaven.
Accumulations of junk, old metals, machinery, rags or newspapers.
On private property located within any residence district of the village, the maintenance of any container actually accommodating or designed to accommodate more than one cubic yard of rubbish, refuse or discarded material of any kind, or the maintenance, within any residence district on private property, of any bulk storage containers for any period of time whatsoever. For the purposes of this chapter, a "bulk storage container" is defined as a standard Dempster Dumpster Gallon E-Z Pack front-end-loading-type container or an equal container for garbage and other waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck for disposal.
The Board of Trustees may adopt a resolution requiring the owner and/or person in control of any property found not to be in conformance with the provisions of this chapter to comply with those provisions. A copy of the notice of adoption of said resolution shall be served upon such owner and/or person in control of said property by ordinary mail and by certified mail, return receipt requested, specifying that within 10 days from the adoption of such resolution, such person shall bring the premises into compliance and how the premises shall be brought into compliance.
Upon failure by the owner or the person in control to comply with the requirements of such notice of violation, the Board of Trustees shall authorize the work to be done and pay the cost thereof out of general funds appropriated by the Board of Trustees for such purpose. The Board of Trustees may incur such legal fees as necessary to have such work done to correct the violations. In case of a failure to comply, the owner and/or person in control of the property whereon the violation occurs is deemed to consent to the right of entry by the village officials for the sole purpose of inspecting and correcting such violation.
The village shall be reimbursed for the cost of the work performed or the services rendered, including legal fees incurred, as hereinabove provided, by assessment of all such costs against the real property where such work was performed or services were rendered or that was affected by such work or services.
[Amended 5-25-2017 by L.L. No. 17-2017]
Any person, association, firm or corporation which violates any provision of this chapter other than § 99-1B (uncut grass, weeds, brush) or assists in the violation of any such provision of this chapter shall be guilty of a violation, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week’s continued violation shall constitute a separate additional violation.
Any person who violates § 99-1B (uncut grass, weeds, brush), or assists in the violation of such section, shall be guilty of a violation punishable by a fine in an amount established by resolution of the Board of Trustees. Each week’s continued violation shall constitute a separate violation of this chapter.
The imposition of any penalty for any offense committed against the provisions of this chapter shall not affect the power of the Board of Trustees to require the abatement of the nuisances enumerated herein within such time as the Board of Trustees shall fix, nor shall it prevent, in the event of neglect or refusal by any person to comply with any or all of the provisions of such an order, entry by the Board of Trustees or its designees upon the premises affected by such nuisances, the removal of such nuisances by the Village or its agents and the assessment of all costs of such removal, including legal fees, against the real property affected.
In addition, this chapter may be enforced by civil action, including an injunction, in a court of competent jurisdiction.
The chapter shall not affect in any way the standards or the responsibilities of the owners and/or persons under any other provision of the Code of the Incorporated Village of Manorhaven.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part of this chapter that shall be directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall take effect immediately.