[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.]
[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Editor's Note: This local law also repealed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:
An enclosed area or otherwise covered container for the temporary
collection and storage of a nuisance, hazard, debris and litter as
defined herein.
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.
[Amended 3-15-2021 by L.L. No. 2-2021]
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.
D.
It shall
be unlawful for any person or entity, owning or in control of private
property, to cause or permit:
(1)
The keeping or storage of a garbage or refuse receptacle or enclosure that may be used for storage of such receptacle, within the front yard setback, as that area is defined in Chapter 195, or within a right-of-way. This restriction shall not apply to receptacles or refuse placed curbside for collection from 5:00 p.m. on the day preceding the day prior to a scheduled date for additional collection requested by any person or entity, owning or in control of private property through 8:00 p.m. on the scheduled collection date; or
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.
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.
[Added 11-29-2022 by L.L. No. 8-2022]
A.
Surface and subsurface water shall be drained to prevent damage to
paved surfaces, buildings, structures and adjoining property and to
prevent development of stagnant water. Swales, dry wells, gutters,
culverts, catch basins, drain inlets, stormwater sewers, drainage
structures, and sanitary sewers or other satisfactory drainage systems
("drainage facilities") shall be provided and maintained in good operating
condition to achieve the foregoing.
B.
In no case shall the water from any rain leader or drainage facility
be allowed to flow over the boundary of private property onto the
public right-of-way or an adjoining property.
C.
Maintenance of drainage facilities shall be in accord with guidelines
adopted by the Building Department. Such guidelines, at a minimum,
shall require that private property owners clean drainage facilities
as needed, remove trash and debris from drainage facilities as needed,
and annually inspect drainage facilities.
