[HISTORY: Adopted by the Board of Trustees of the Village of Plandome
5-14-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
A.
DEBRIS
GARBAGE
MOTOR VEHICLE
RUBBISH
SOLID WASTE
The following definitions are applicable to this chapter
only:
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures, property
or roads as well as materials consisting of vegetation resulting from land
clearing and grubbing, utility line maintenance and seasonal and storm-related
clean up. Such materials include but are not limited to: bricks, concrete
and other masonry material, soil, rock, wood, wall coverings, plaster, drywall,
plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement,
glass, window frames, electrical wiring and components, plastics, carpeting,
foam padding, linoleum, metals, or any combination thereof which is incidental
to construction, excavation, renovation, equipping, remodeling, repair or
demolition.
Includes all putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including packaging
containers.
Includes all vehicles as defined by NYS Vehicle and Traffic Law § 125.
The term "motor vehicle" as used in this chapter shall also include "all-terrain
vehicles" as defined by NYS Vehicle and Traffic Law § 2281 and snowmobiles
as defined by NYS Vehicle and Traffic Law § 2221.
Includes all discarded or worthless nonputrescible solid wastes consisting
of both combustible and noncombustible wastes, including but not limited to
paper and paper products, rags, wrappings, cigarettes, cardboard, tin cans,
yard clippings, wood, glass, metals, plastics, tires, bedding, cloth, crockery,
furniture, appliances, batteries and other automotive parts, paint and paint
products, petroleum products and similar items.
Includes all putrescible and nonputrescible materials and substances
discarded or rejected as having served their original intended use or as being
spent, useless, worthless or in excess to the owner at the time of such discard
or rejection, including, but not limited to, household and commercial garbage,
industrial waste, rubbish, debris, litter and ashes.
B.
All other terms as used in this chapter shall have their
common and ordinary meaning.
No person, as owner, occupant, lessee or agent, or in any capacity,
shall store, deposit, place, maintain or cause or permit to be stored, deposited,
placed or maintained outdoors any abandoned, junked, discarded, wholly or
partially dismantled, unlicensed or unregistered motor vehicle or any solid
waste, rubbish or debris upon any private property within the Village. This
section shall not apply to any solid waste, rubbish or debris temporarily
stored or placed in a container for collection or disposal.
Whenever it shall appear that the provisions of this chapter are violated,
the Building Inspector, Code Enforcement Officer or any such other officer
or employee authorized by the Village to have jurisdiction thereof shall make
an inspection of the property involved and shall prepare a written report
of the conditions found, which report shall be filed with the Village Board.
A.
If conditions existing on the inspected property violate
the provisions of this chapter, the Building Inspector, Code Enforcement Officer
or other designated officer or employee shall serve or cause to be served
a written notice of such violation, either personally or by certified mail,
upon the owner or owner's agent as well as upon the lessee or occupant of
said premises.
B.
Said notice shall contain substantially the following:
(1)
The name of the owner, lessee or occupant of the premises.
(2)
The address or location of the premises.
(3)
The identification of the premises as the same appears
on the current assessment roll.
(4)
A statement of the conditions on the property deemed
upon inspection to be in violation of this chapter.
(5)
A demand that the motor vehicle, solid waste, rubbish
or debris determined to be in violation of this chapter be removed from the
property on or before ten days after the service or mailing of such notice.
(6)
A statement that a failure or refusal to comply with
the provisions of this chapter and the notice given pursuant thereto within
the time specified may result in a duly authorized officer, agent or employee
of the Village entering upon the property and removing such motor vehicle,
solid waste, rubbish or debris and causing the same to be disposed of or otherwise
destroyed.
(7)
A statement that the cost and expense of such removal
and disposal or destruction, if not immediately reimbursed to the Village,
shall be assessed against the described property and shall constitute a lien
thereon to be collected as provided by law.
(8)
The date, time, and location at which the Village Board
will conduct a public hearing, if the conditions that gave rise to the issuance
of the notice of violation are not corrected, to determine whether the conditions
upon the subject property constitute a public nuisance. The date of such public
hearing must be at least 20 days after service or mailing of the notice of
violation. Notice of the public hearing shall be published in a paper of general
circulation in the Village at least five days prior to the date of the public
hearing.
(9)
A statement that the property owner, his/her agent, lessee
or occupant is entitled to be heard at such hearing and present evidence or
testimony.
C.
Nothing contained herein shall require notice as a prerequisite
to the issuance of a summons or appearance ticket for a violation of any of
the provisions of this chapter.
A.
Within 48 hours of the public hearing the Building Inspector,
Code Enforcement Officer or any such other officer or employee authorized
by the Village shall conduct a second inspection of the property and file
a written report of the conditions that gave rise to the issuance of the notice
of violation.
B.
If violations were deemed to be corrected, the public
hearing shall be canceled and notice is to be posted to inform the public
of same.
B.
Upon a determination by the Village Board that conditions
upon the property constitute a public nuisance the Village Board is empowered
to authorize officers, agents or employees of the Village to enter onto the
property to remove any vehicle, solid waste, rubbish or debris stored, deposited,
placed or maintained in violation of this chapter and dispose of or otherwise
destroy same.
A.
Nothing in this chapter shall prohibit the right of the
Village, its employees or agents from entering onto private property to remove
any solid waste, motor vehicle, appliance, rubbish or debris whenever there
exists an imminent threat to the life or safety of persons.
B.
Municipal authority pursuant to this section may only
be exercised where there is a dire necessity to protect life and safety.
C.
Any municipal action taken pursuant to this section must
be reasonably calculated to alleviate or prevent the crisis condition and
must be limited to those actions necessary to eliminate the emergency situation.
A.
Any costs and expenses incurred by the Village when acting
pursuant to this chapter to abate a declared public nuisance are required
to be immediately reimbursed to the Village upon written notice requesting
same. Failure to reimburse the Village shall result in any costs and expenses
being assessed against the property involved and shall constitute a lien thereon
to be collected as provided by law.
B.
A property owner shall be given notice and an opportunity
to be heard prior to any costs and expenses incurred pursuant to this section
being placed on the property's tax bill.
Nothing contained in this chapter shall prevent the Village from seeking
judicial or equitable relief to abate violations of this chapter.
If any clause, sentence, subdivision, paragraph, section or part of
this chapter shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, subdivision,
paragraph, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered.
This local law shall be effective upon filing with the Secretary of
State.
