Village of Hewlett Neck, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett Neck 5-5-2008 by L.L. No. 3-2008[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 50.
Unsafe buildings — See Ch. 54.
Storage containers and dumpsters — See Ch. 61.
Design Review Board — See Ch. 65.
Trash receptacles — See Ch. 136.
[1]
Editor's Note: This local law also repealed former Ch. 97, Property Maintenance, adopted 9-7-1999 by L.L. No. 3-2008.
The Village Board of the Village of Hewlett Neck hereby determines it is necessary for the health, safety, appearance and general welfare of the residents of the Village of Hewlett Neck to provide a method whereby improved properties, public lands and vacant lots within the Village of Hewlett Neck are kept safe, clean, properly maintained, and kept free from vermin, noxious growth, nuisances, hazards, debris and litter.
For the purpose of this chapter, terms used herein are defined as follows:
DUMPSTER, CONTAINER or ENCLOSURE
An enclosed area or otherwise covered container for the temporary collection and storage of a nuisance, hazard, debris and litter as defined herein.
NUISANCE, HAZARD, DEBRIS and LITTER
Any waste material, including but not limited to garbage or other substance, refuse, rubbish, inoperable vehicles and parts, discarded furniture, appliances, water heaters, bottles, cans, building or construction materials or supplies when stored outside on a site where no active construction is taking place or discarded or strewn papers or material or other junk substances, tree stumps, free trunks, branches or limbs that have fallen or been cut down, or any other matter attractive to vermin, likely to breed disease, present a fire hazard, create offensive odors or otherwise be prejudicial to good health or being so unsightly in appearance as to be offensive to surroundings.
A. 
It shall be an offense for any person to abandon, leave, dump, or store or keep any nuisance, hazard, litter, debris or matter attractive to vermin upon any public street or public place or upon any privately owned property within the Village of Hewlett Neck except as permitted by Subsections B and C hereof.
B. 
The owner or person in control of any private property shall, at all times, maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collection.
C. 
The owner, tenant or occupant of property being used for residential or commercial purposes located within the Village of Hewlett Neck is hereby required to maintain at all times one or more dumpsters, containers or enclosures of adequate size to temporarily store all nuisance, hazard, debris and litter until removed. The failure to comply with this Subsection C shall be deemed an offense.
All owners, occupants or tenants of any privately owned property within the Village of Hewlett Neck shall maintain grass or other ground cover, trees and shrubbery in a safe and attractive condition, free of noxious weeds and otherwise free of nuisance, hazard, debris, litter and unsightly materials. For the purposes of this provision, all grass and other ground cover shall be trimmed to a height of no greater than eight inches. Dead or diseased trees or any portion thereof which present any hazard to life or property shall be removed. Trees, tree branches or shrubs that have been cut or that have fallen shall also be removed. No owner, tenant, or occupant shall blow leaves or other debris onto adjacent property or any street. The failure to maintain property as required by this section shall be deemed an offense.
A. 
Any owner, tenant or occupant of any property located within the Village of Hewlett Neck which is in violation of this chapter shall remove such offense when ordered to do so by the Village Clerk or Building Inspector within five days of the service of written notice as provided in Subsection C below.
B. 
Any person responsible for the creation of an offense under this chapter affecting a public street or other public property within the Village of Hewlett Neck shall remove such offense, when ordered to do so by the Village Clerk or Building Inspector, within five days of the service of written notice as provided in Subsection C below.
C. 
All written notices under this section shall be served on the owner, tenant or occupant of any property located within the Village of Hewlett Neck by posting a copy of such violation notice upon the front portion of the property or upon the main structure and by mailing a copy of such notice by ordinary mail to the owner of the property as shown on the current assessment rolls of the Village. In the case of any person responsible for the creation of an offense existing upon a public street, or any public or private property, notice may be personally served on such person or mailed by ordinary mail to such person at such person's last known residential or business address.
A. 
Any person failing to comply with a lawful order pursuant to this chapter or committing an offense against any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days for a first offense, or by both fine and imprisonment, and upon conviction for a second and any further subsequent offense committed within any twelve-month period after a first offense has been committed shall be guilty of a misdemeanor subject to a fine not exceeding $1,000 or imprisonment for up to one year, or both such fine and imprisonment.
B. 
The continuation of an offense against the provisions of this chapter shall constitute, for each week the offense is continued, a separate and distinct offense hereunder.
C. 
Failure to comply with the direction of any official of the Village of Hewlett Neck when notice has been provided in accordance with § 97-5, shall constitute a separate and distinct offense hereunder.
A. 
Upon the failure of an owner, tenant or occupant to comply with a notice to correct a condition complained of, the Village Board may hold a public hearing. The public hearing shall be held upon notice posted conspicuously on the affected property and forwarded by certified mail to the last known address of the property owner, as it appears on the current assessment rolls of the Village. Posting and service of such notice shall not be less than 15 days prior to the date of such hearing.
B. 
The Village Board, after a public hearing as provided in Subsection A, may cause any vermin, nuisance, hazard, debris or litter as defined in this chapter to be removed from any property within the Village of Hewlett Neck upon the failure of such owner, tenant or occupant to comply with any order of the Village Board. The Village Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. The costs so assessed shall constitute a lien and charge on the real property on which it is levied, until paid or otherwise satisfied or discharged, and shall be collected in the same manner and at the same time as other Village charges.
C. 
The removal of any nuisance, hazard or litter by the Village of Hewlett Neck or its agents shall not operate to excuse such owner, tenant or occupant from properly maintaining any premises as required by this chapter, and such owner, tenant or occupant shall, notwithstanding such action, be subject to any other penalties provided for herein.
A. 
In the event that a violation of any provision of this chapter is alleged to have occurred, and the condition which constitutes such violation is deemed by the Board of Trustees to constitute an imminent danger to the public health, safety and welfare, the Village Clerk or Building Inspector shall give such notice to the owner of the property where such alleged violation exists to remove and cure such violation to the extent necessary to remove any imminent danger. Such notice shall be given in a manner which is, reasonable, and appropriate under the circumstances. After such notice, the Village may take such action as the Village deems appropriate to remove or cure such imminent danger.
B. 
Where notice of an imminent danger is given, and the Village takes action to remove or cure such danger, the Board of Trustees shall hold a public hearing to ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. Said public hearing shall be held upon notice posted conspicuously on the affected property and forwarded by certified mail to the last known address of the property owner, as it appears on the current assessment rolls of the Village. Posting and service of such notice shall not be less than 15 days prior to the date of such hearing. The costs so assessed shall constitute a lien and charge on the real property on which it is levied, until paid or otherwise satisfied or discharged, and shall be collected in the same manner and at the same time as other Village charges.