Village of Lake Grove, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lake Grove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 69.
Graffiti — See Ch. 95.
Sanitary standards — See Ch. 136.
Storage of vehicles — See Ch. 172.
[Adopted 2-4-1999 by L.L. No. 1-1999]
As used in this article, the following terms shall have the meanings indicated:
UNOCCUPIED HAZARD
Any building which remains unoccupied for a period of more than 60 days with either doors, windows or other openings broken, removed, boarded or similarly sealed or any building under construction, upon which little or no construction work has been performed for a period of three months, or any building within the village which has been fire-damaged or damaged by act of God and allowed to so remain, which shall be presumed to constitute a hazard.
The exterior of all residential dwellings and structures shall be maintained so that the premises and all buildings shall reflect a level of maintenance. Such maintenance shall include all exposed exterior surfaces maintained free of broken or cracked glass, loose shingles or loose or crumbling stones or bricks, loose shutters, railings, aerials, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Said conditions shall be corrected by repair or removal. All exposed exterior surfaces of structures not inherently resistant to deterioration shall be coated, treated or sealed to protect them from deterioration or weathering. Wood, masonry or other exterior materials that will naturally resist deterioration do not have to be treated but must otherwise be maintained in a sound, secure, workmanlike and sightly manner. Exterior surfaces that have been painted or otherwise coated must be maintained in a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs and fixtures of buildings shall be maintained in a clean, safe, sanitary condition. Every floor, exterior wall, roof, porch or appurtenance thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public in general.
A. 
The owner of a vacated building shall take such steps and perform such acts as may be required of him from time to time by the village's Building Inspector and/or the Code Enforcement Officer to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public. All openings shall be provided with painted exterior-grade plywood closures, securely fastened. All debris must be removed. Lawn and shrubs must be maintained as described in this article. Any accessory structures must be secured and maintained. No vehicles, debris, garbage and/or litter may accumulate on the premises. All vegetation must be trimmed, mowed and maintained at least four times per year during the growing season from May 1 through October 31.
B. 
Buildings and structures shall be maintained in such condition so that they shall not become an unoccupied hazard as defined in this article. All graffiti or defacing shall be removed and the surface finish restored as per this Code.[1]
[1]
Editor's Note: See Ch. 95, Graffiti.
[Amended 6-18-2009 by L.L. No. 1-2009]
It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, having control of any occupied or unoccupied building lot or plot of land, or any part thereof, in any developed section of the Village of Lake Grove to permit or maintain on any such lot or plot any growth of weeds, grass or other rank vegetation to a height greater than six inches on the average or any accumulation of dead grass, weeds, brush, mulch, soil, dirt or sand. It shall also be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous or noxious plants or plants detrimental to health to grow on any such lot or plot of land in such manner that any part of such ivy, ragweed or other poisonous weed or plant shall extend upon, overhang or border any public place. Furthermore, it shall be unlawful to allow, store, or allow the storage of any vehicles, campers, camper trailers, mobile homes, house trailers, boats, boat trailers, motorcycles, motorcycle trailers, utility trailers, bicycles, or the like on any vacant property in the Village of Lake Grove. For the purpose of this section, vacant property, lots, or land shall mean any lot described in the Village of Lake Grove records or tax maps on which there is no dwelling.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Lake Grove to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 125-3, provided that cutting and removing such weeds, grass or vegetation at least four times per year between April 1 and October 31 shall be deemed to be a compliance with this article.
[Amended 6-18-2009 by L.L. No. 1-2009]
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit or cause or permit to run, drop or remain or to be thrown, cast or deposited in or upon any vacant lot of land or vacant place upon the surface of any lot of land, enclosed or otherwise, within the Village of Lake Grove, except at such place as designated or provided by the Village Board of the Incorporated Village of Lake Grove, any waste, leaves, brush, hay, weeds, straw, litter, debris, wastepaper, boxes, shavings or any filthy, combustible or flammable materials, or rubbish, or garbage of any kind or dirt whereby a fire hazard, danger or risk of any kind is or may be endangered or injurious or whereby the premises of another or the enjoyment of the premises of another is or may be injured, damaged, interfered with or prejudiced. For the purpose of this section, vacant property, lots, or land shall mean any lot described in the Village of Lake Grove records or tax maps on which there is no dwelling.
If the provisions of any of the foregoing sections are not complied with, the Building Inspector or Code Enforcement Officer shall serve written notice, either personally or by mail, upon the owner, lessee or occupant, or any person having the care or control of any such lot of land, to comply with the provisions of this article. If the person upon whom the notice is served fails, neglects or refuses to cut, remove or cause to be cut and removed such weeds, grass, vegetation, debris, garbage or rubbish within 10 days after such notice is given or if no person can be found in the Village of Lake Grove who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Building Inspector or Code Enforcement Officer may cause such weeds, grass, vegetation, debris or garbage where located to be removed and the cost of such removal shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
In the event of a violation of the provisions of this article, the Code Enforcement Officer or Building Inspector may issue a conditional summons. If the condition causing the violation is not corrected within five days of issuance, the summons shall become effective. The violation shall be deemed a continuing violation until corrected, and fines shall continue to accrue daily.
[Added 6-18-2009 by L.L. No. 1-2009]
All commercially zoned properties and retail establishments shall be maintained aesthetically, architecturally and essentially unmodified as a site from the original site plan approved by the Village unless amendments have been applied for and approved by the Village. Structures shall be maintained free of broken or cracked glass, loose siding, loose or crumbling stones or bricks, loose shutters, loose railings, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. All landscaping shall be maintained as originally approved, with dead plantings, including trees, bushes and ground cover, to be replaced. All washed out or damaged planting areas shall be repaired and maintained to prevent further damage, erosion and safety issues.
[Adopted 8-15-2013 by L.L. No. 3-2013]
As used in this article, the following terms shall have the meanings indicated.
BAMBOO
Running bamboo, clumping bamboo, defined as any tropical or semitropical monopodial (leptomorph) or sympodial (pachymorph) grasses, including but not limited to Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella and Semiarundinaria.
Certain plant species, commonly known as "bamboo" are invasive and dangerous to the health, safety and welfare of persons and properties within the Incorporated Village of Lake Grove. This article is designed to protect the health, safety and welfare of both persons and properties within the Village of Lake Grove from damage caused by bamboo.
No property owner, tenant, occupant or resident shall grow or plant bamboo.
A. 
Existing bamboo as of the date of adoption of this article must be maintained and contained by the owner, tenant, occupant or resident as follows: No bamboo shall be grown or maintained within 40 feet of any public street, sidewalk, roadway or right-of-way, or within 10 feet of any property line.
B. 
It shall be required of a property owner, tenant, occupant or resident that for any bamboo that predates the adoption of this article, same must be cleared and maintained in accordance with Subsection A above, and proper and sufficient root barrier system must be installed to prevent the spread, encroachment, invasion or intrusion of same onto any other property or right-of-way.
C. 
The Incorporated Village of Lake Grove shall notify the owner, occupant, resident or tenant of a property which may be in violation of Subsection A or B above, and the notice shall specify a time, not less than 15 days, to comply with the provisions therein. Said notice shall be in writing and served personally or by certified mail. Service shall be deemed complete on the day the delivery of mail or personal service is completed.
D. 
In the event any species commonly considered to be classified as bamboo is found to have encroached, spread, invaded or intruded upon any other property or right-of-way, said species shall be presumed to be classified as running bamboo. This presumption shall be rebuttable.
Any person or corporation violating any provision of § 125-12, upon a finding or plea of guilty to this section, shall be fined as follows: upon a first conviction, be fined not less than $250 nor more than $1,000; and upon a subsequent conviction, be fined not less than $500 nor more than $2,000. Each day's continued violation shall constitute a separate, additional violation.