[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook 8-15-1977 by L.L. No. 11-1977 as Ch. 10, Art. I,
of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Boardinghouses, rooming houses and hotels — See Ch. 78.
Building construction and fire prevention — See Ch. 81.
Unsafe buildings — See Ch. 89.
Christmas trees — See Ch. 94.
Electrical standards — See Ch. 112.
Fire prevention — See Ch. 126.
Garbage collection — See Ch. 137.
Gasoline stations — See Ch. 140.
Hedges and fences — See Ch. 144.
Junk dealers — See Ch. 149.
Multiple dwellings — See Ch. 161.
Oil-burning equipment — See Ch. 166.
Plumbing — See Ch. 181.
Signs — See Ch. 203.
Streets and sidewalks — See Ch. 212.
Zoning — See Ch. 252.
[Amended 3-2-1998 by L.L. No. 10-1998; 8-20-2007 by L.L. No.
9-2007]
All residential, commercial and industrial premises
within the Village of Lynbrook, whether improved or vacant, shall
be maintained by the owner and the occupant in conformity with the
provisions of this chapter so as to assure the desirable character
of the property and to protect the health, safety and welfare of the
residents of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
A building or combination of buildings and the lot on which
same is located, used wholly or in part for commercial purposes, including
but not limited to offices, places of public assembly, shopping centers,
supermarkets, retail stores, warehouses, manufacturing or fabrication
plants, gasoline stations and other business uses.
A single- or multiple-station device that has a sensor capable
of detecting the presence of carbon monoxide and an alarm that sounds
when carbon monoxide is detected.
[Added 5-19-2014 by L.L. No. 9-2014]
A device that has a sensor capable of detecting the presence
of carbon monoxide and is connected to an alarm control unit that
sounds an alarm when carbon monoxide is detected.
[Added 5-19-2014 by L.L. No. 9-2014]
Any appliance, equipment, device or system that may emit
carbon monoxide, including, but not limited to, fuel-fired furnaces,
fuel-fired boilers, space heaters with pilot lights or open flames,
kerosene heaters, wood stoves, fireplaces, and stoves, ovens, dryers,
water heaters and refrigerators that use gas or liquid fuel, garages
and other motor-vehicle-related occupancies.
[Added 5-19-2014 by L.L. No. 9-2014]
An open and unoccupied space on a lot and enclosed on at
least three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin or other pests.
Worn-out metal, cloth or similar articles fit to be discarded
or serving no practical purpose.
[Added 3-2-1998 by L.L. No. 10-1998]
Any vehicle, including a trailer, which is without a currently
valid license plate or plates and is in either a rusted, wrecked,
discarded, dismantled, partly dismantled, inoperative or an abandoned
condition.
Garbage, refuse, rubbish or junk as herein defined and all
other waste material which, if permitted or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
[Added 3-2-1998 by L.L. No. 10-1998]
Plot, tract, premises or parcel of land with or without buildings
or structures located thereon, as surveyed and apportioned for sale
or other purpose.
Any commercial, business, entertainment or professional area
within a building usually open to, frequented by, or used by members
of the public.
[Added 5-19-2014 by L.L. No. 9-2014]
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles
and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Any building or part thereof which remains unoccupied for
a period of more than two years, with either doors, windows or other
openings broken, removed, boarded or sealed up, or any building under
construction upon which little or no construction work has been performed
for a period of more than two years.
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
The provisions of this chapter shall supplement
local laws, codes or regulations existing in the Village of Lynbrook
and the other statutes and regulations of municipal authorities having
jurisdiction applicable thereto. Where a provision of this chapter
is found to be in conflict with any provision of a local law, ordinance,
code or regulation, the provision or requirement which is more restrictive
or which establishes the higher standard shall prevail.
A.
Surface and subsurface water; stormwater or other
water.
(1)
Surface
and subsurface water shall be appropriately drained to protect buildings
and structures and to prevent the development of stagnant ponds. Gutters,
culverts, catch basins, drain inlets, stormwater sewers or other satisfactory
drainage systems shall be utilized where necessary. No roof, surface
or sanitary drainage shall create a structural, safety or health hazard
by reason of construction, maintenance or manner of discharge.
(2)
No
person shall cause or permit to discharge, emit or spill stormwater
or other water on or into any public or private area owned by another
person or entity without first obtaining written authorization from
the Village Board of Trustees.
[Added 7-15-2013 by L.L. No. 8-2013]
B.
Fences and other minor construction shall be maintained
in a safe and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes or other hazards that
may exist shall be filled and necessary repairs or replacement carried
out.
D.
Yards, courts and vacant lots shall be kept clean
and free of physical hazards, rodent harborage and infestation. They
shall be maintained in a manner that will prevent dust or other particles
from being blown about the neighborhood. Open wells, cesspools or
cisterns shall be securely closed or barricaded from access to the
public.
E.
Heavy undergrowth and accumulation of plant growth
which are noxious or detrimental to health shall be eliminated. Any
trees or portions thereof located on private property and constituting
a hazard to persons or property shall be removed.
F.
A junked vehicle may not be parked, stored or left
in the open.
G.
Parking lots.
[Added 7-15-2013 by L.L. No. 8-2013]
(1)
Parking arrangement; size of spaces. Any person who operates and
maintains a vehicular parking field on private property in a Commercial,
Light Manufacturing or Industrial Zone must lay out and mark the same
with lines of weather-resistant paint, so that there shall be an evident
pattern of parking arrangement with an adequate parking area for each
vehicle to be parked, of not less than 162 square feet for each vehicle
in a space nine feet by 18 feet and an aisle width of 24 feet.
(2)
Pattern of vehicular movement. A parking field maintained as provided
herein shall have all entrances, exits and aisles at least 22 feet
in width clearly marked with directional arrows indicating a pattern
of movement for vehicles.
(3)
Abutments required. A parking field shall have arresting abutments
of asphalt or concrete maintained in proper repair to a height of
six inches around the perimeter of said parking fields, so constructed
that they will prevent vehicles from projecting into, impeding or
encumbering walks and passageways.
(4)
Surfacing and drainage. The entire area of a parking field shall
have a hard surface with proper drainage to prevent stormwater or
other water from accumulating thereon. Any such parking field shall
be constructed in accordance with the specifications on file in the
office of the Building Department of the Village of Lynbrook.
(5)
Fencing restricted. A parking field must not be fenced or enclosed
in any manner whatsoever to delay or impede the ability of first-aid
and emergency facilities or vehicles to enter whenever necessary to
render aid to the public within the area and the building served thereby.
(6)
Grass and weed control. A parking field must be maintained clean
and free of grass and weed growth.
(7)
Removal of ice and snow. A parking field must be cleared of snow
and ice within two hours after precipitation has ceased when the accumulation
has reached two inches, and if the snow and ice are not removed then
the field must be closed for public use until all snow and ice is
removed.
H.
Vegetation.
[Added 7-15-2013 by L.L. No. 8-2013]
(1)
It shall be unlawful for any owner or lessee of land in the Village
or the agent of such owner or lessee or the occupant in control thereof
to cause, suffer, permit or maintain upon such land or any part thereof
any growth of grass, brush or weeds at a greater average height than
six inches.
(2)
It shall be unlawful for any owner or lessee of land in the Village
or the agent of such owner or lessee or the occupant having control
thereof to cause, suffer or allow any brush, dead or noxious weeds,
ragweed, poison ivy or other rank, poisonous or harmful vegetation
or harmful plant growth detrimental to health or which shall be or
which may become a fire hazard or dangerous to firemen in the performance
of their duties, as such firemen, to be grown or to remain upon such
land after notice given as herein set forth.
(3)
It shall be the duty of any owner, lessee or agent of such owner or lessee or occupant having control of land to cut and remove from such land all grass, brush or weed growth of a greater average height than six inches and to remove all brush, dead or noxious weeds, ragweed, poison ivy or other rank or poisonous vegetation or other harmful plant growth detrimental to health or which then is or which may become a fire hazard or dangerous to firemen in the performance of their duties as such firemen within 10 days after notice to cut and remove same has been sent by certified mail addressed to such person or, in the alternative, is served as provided by § 185-12B herein.
(4)
Vegetation in certain areas to be cut to grade. Any person owning,
leasing or occupying property in the Village shall cut any grass,
brush and weed growth and keep same trimmed and cut to a height no
greater than two inches above grade on or adjacent to public areas,
including but not limited to front lawns and the space between sidewalks
and streets.
[Amended 6-12-1978 by L.L. No. 5-1978; 2-12-1981 by L.L. No. 16-1981; 8-23-1993 by L.L. No. 8-1993; 8-13-2012 by L.L. No. 8-2012; 7-15-2013 by L.L. No. 8-2013; 5-19-2014 by L.L. No.
9-2014]
A.
Business units, as defined herein, shall at all times
be maintained in compliance with the provisions of this chapter regulating
open spaces, buildings or structures and littering.
B.
No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time; and all
such garbage, crates, rubbish, refuse or debris shall be kept inside
the building or buildings on the premises or in an acceptable enclosure
and shall be regularly collected and removed from the premises.
C.
No shopping baskets, carts or wagons shall be left
unattended or standing in open areas, and they shall be collected
at the close of business each day by the occupant of such unit and
removed to the interior of the building or buildings.
D.
No mobile refrigeration unit shall be operated on
the premises after the closing of the business conducted thereon,
unless such mobile refrigeration unit is electrically operated.
E.
Noise. No truck or other vehicle shall be loaded or
unloaded outside the confines of a building or buildings on the premises,
before 7:00 a.m. or after the business conducted on the premises has
been closed to the public, in such a manner as to cause unreasonable
or excessive noise or disturbance to the annoyance or disturbance
of more than one person at any of the nearby properties. No person
shall operate or permit to be operated a commercial, business or industrial
use that produces a sound level which causes excessive or unreasonable
noise which causes the annoyance or disturbance of more than one person
at any of the nearby properties.
F.
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance
shall include but not be limited to the replacement of trees and shrubs
which may die and/or otherwise be destroyed, the maintenance and cutting
of lawns and the replacement and/or repair of fences which may become
in disrepair.
G.
All signs, lights and lighting systems shall be maintained
in a completely operable, good, clean and safe condition and free
from damage.
H.
Within seven days after the original installation of a sign box or sign frame, and at all times thereafter, sign boxes and sign frames shall be maintained with either a sign for which a permit has been validly issued (subject to § 203-13 of the Code) or with one or more properly fitting inserts of plexiglass or such other material as is approved by the Superintendent of Buildings so as to completely cover the interior of the sign box or sign frame.
I.
When a sign, sign box or sign frame is removed, all
damage to the building or surrounding area caused by the sign, sign
box or sign frame or by its removal shall be immediately repaired,
and any wall from which such sign, sign box or sign frame has been
removed shall be restored to the same condition and color as the rest
of the wall on which the removed sign, sign box or sign frame was
located.
J.
No neon light or other gas-type illumination or illuminated
sign or exterior source of illumination, any of which are located
on a building any part of which is within 200 feet from the property
line of any property in a residential zoning district that is used
in whole or in part as a residence or dwelling, shall be illuminated
between the hours of 10:00 p.m. and 7:00 a.m. where such lighting
is visible from such residence or dwelling, except that:
(1)
Such illuminated signs as are maintained in connection
with a business that is normally open earlier than 7:00 a.m. may be
lighted or illuminated earlier than 7:00 a.m. during regular hours
of business, which hours shall be conspicuously posted on the front
of the building.
(2)
Such illuminated signs as are maintained in connection
with a business that is normally open later than 10:00 p.m. may be
lighted or illuminated until closing time during regular hours of
business, which hours shall be conspicuously posted on the front of
the building.
(3)
Lighting for purposes of security shall be permitted,
which lighting shall be of the minimum area, brilliance, character,
degree, density and intensity necessary to provide for the security
of the property on which such lighting is located. Such lighting shall
be positioned so that the direct rays or beams therefrom are not cast
upon any property other than the lot upon which such illumination
is located, and between the hours of 10:00 p.m. and 7:00 a.m. such
lighting shall be of significantly less intensity than the lighting
or illumination during regular hours of business at that location.
K.
Registration of businesses and multiple dwellings; registered agents.
(1)
Legislative intent. The Board of Trustees hereby finds that serious difficulties are often encountered in attempting to communicate with the owners, operators and tenants of multiple dwellings and businesses in the Village of Lynbrook for the purpose of furnishing emergency fire, police and other municipal services and for the proper enforcement of laws and ordinances and that, in order to protect the public health, safety and welfare, the provisions of this Subsection K are declared to be necessary.
(2)
Owners and operators of multiple dwellings required to register.
(a)
Every person, firm or corporation who or which owns and operates
a multiple dwelling in the Village of Lynbrook shall file in the office
of the Superintendent of the Building Department, on prescribed forms,
a statement, in writing, containing the full names and apartment designations
of each and every tenant occupying an apartment or housing accommodation
on the premises owned, managed or controlled by such registrant. Said
list of tenants shall be dated and subscribed by the owner, officer
or managing agent and filed as required herein.
(3)
Owners and operators of businesses required to register.
(a)
Every person, firm or corporation who or which is now engaged
in or carries on a business of any kind within the Village of Lynbrook
shall file in the office of the Superintendent of the Building Department
a statement, in writing, containing the full names and residence addresses
of the owner or owners, principal officers and managing agent of any
such firm or corporation. Said statement shall clearly identify the
business and briefly describe the nature of the business being carried
on by such person, firm or corporation, and it shall be dated and
subscribed by the owners, a principal officer or managing agent and
filed as required above.
(4)
Penalties for offenses. Any person, firm or corporation violating any provision of this Subsection K shall be fined not less than $25 nor more than $250 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(5)
Resident agents to be designated for all buildings.
(a)
Every owner of a building located within the Village of Lynbrook
shall file:
[1]
In the office of the Village Clerk a statement or designation
signed and certified, setting forth the name and address by street
and number within the Village of Lynbrook, of an agent upon whom process
or notice may be served in any action or proceeding which may be commenced
or instituted against said owner. To qualify for such designation,
an agent shall be a natural person over 18 years of age and shall
reside within the Village of Lynbrook or regularly attend a business
office maintained within the Village. An owner or corporate officer
who meets such qualifications may be designated to serve and register
as the managing agent.
[2]
A designation, signed and verified, of the Village Clerk as
the agent upon whom process or notice against the owner may be served,
and the post office address to which the Village Clerk may mail a
copy of any process or notice against such owner theretofore served
upon the Village Clerk.
(b)
Whenever a process or notice is served upon the Village Clerk,
he shall promptly send a true copy of said process or notice by certified
mail addressed to the agent named in said designation at the address
therein set forth.
(6)
Certificate of ownership to be part of designation. Attached to such
statement and designation there shall be a certificate properly executed
by the owner that he is the owner of the building with respect to
which such statement or designation is filed.
(7)
Notices required to be posted. Every owner of a building located
within the Village of Lynbrook shall post, and keep posted, in a conspicuous
place in a main public area in said building a notice, at least six
inches by eight inches in size, setting forth:
(a)
The name, address and telephone number of the person, firm or
corporation responsible for the management of the building.
(b)
The name, address, apartment number and telephone number of
the residential superintendent of the building.
(c)
Whether the building is heated by gas, oil or electricity and,
if heated by oil, the name, address and telephone number of the supplier
thereof.
(8)
Exceptions. The provisions of this Subsection K shall not apply to owner-occupied one- and two-family dwellings located within the Village of Lynbrook.
(9)
Method of filing; fee. The designation of resident agent and certificate
of ownership shall be filed on forms to be prescribed by the Building
Department and shall be accompanied by a filing fee. In the case of
an owner previously registered with the Department, the filing of
a supplemental certificate and designation shall be accompanied by
a filing fee. Filing fees shall be in such amounts as established
from time to time by resolution of the Village Board.
L.
Shopping carts.
(1)
The Village Board of the Village of Lynbrook hereby finds and declares
that the unlawful taking, the misuse and the abandonment of shopping
carts and similar conveyances is a threat to the protection and preservation
of the property of the Village and its inhabitants, constitutes a
hazard to the health, safety and general welfare of the populace of
the Village and adversely affects the legitimate conduct of trade
and business in the Village of Lynbrook and constitutes a nuisance
detrimental to the neighborhood and the community at large.
(2)
Definitions and word usage.
(a)
ABANDON
PERSON
PUBLIC PLACE
SHOPPING CART
VILLAGE
As used in this chapter, the following terms shall have the
meanings indicated:
The leaving, discarding, dumping or placing of personal property,
including shopping carts, in a public place.
An individual, corporation, partnership, association, joint-stock
company, society or other legal entity.
Every class of road, sidewalk, parking lot and other areas
publicly owned or operated, or privately owned and open to the use
of the public, or a segment thereof, excluding the interior of any
building where a shopping cart was obtained.
Basket, container or other device made of wire, metal or
other material, mounted on wheels or hand-carried, manually or otherwise
operated, such as is generally provided by merchants for carrying
merchandise or foodstuffs to automobiles or other places.
All areas within the Incorporated Village of Lynbrook.
(b)
Usage. Words used in the singular shall include the plural and
vice versa. The word "shall" is always mandatory.
(3)
Abandoning shopping cads prohibited.
(a)
No person who obtains possession of a shopping cart from a food-dispensing
or other establishment or business may leave or abandon the shopping
cart in any public place, as defined herein, or on private property
other than the place of the person who makes the shopping cart available
to the public.
(b)
No person who makes available to the public, in connection with
the conduct of business or trade, any shopping cart shall leave it
or suffer or permit it to be left by himself, his agent or other person
to whom temporary possession has been permitted by said person upon
any street, sidewalk, parking field or other public place, as defined
herein, or on private property other than the place of the person
who makes the shopping carts available to the public.
(4)
Identification markings required. Every person who, in connection
with the conduct of a food-dispensing or other establishment or business,
makes any cart available to the public shall mark or cause same to
be marked and identified conspicuously with his name and address and
the specific store location at which said cart is used. Such identification
shall be in the form of a metal tag securely fastened to the cart
or a stamping on the frame of the cart.
(5)
Disposition of abandoned carts.
(a)
The Superintendent of Public Works of the Village or such other
person whom the Village Board by resolution may appoint shall remove
or cause to be removed, from time to time, any cart found in any public
place and shall take custody of same and shall hold it until redeemed,
sold or otherwise disposed of as hereinafter provided.
(b)
Whenever the Village shall remove any cart bearing identification
of ownership, the Superintendent of Public Works or such person whom
the Village Board by resolution may appoint shall mail a notice to
the owner at the address shown on the identification tag, cut or stamp.
Such notice shall advise that such cart or carts may be redeemed upon
payment of the sum of $10 for each cart so redeemed and shall set
forth the place for the redemption of such cart or carts or where
possession of same may be obtained. No cart shall be delivered to
a person seeking to redeem same unless proof is submitted establishing,
to the satisfaction of the Village, such person's ownership or
right to possession. Any delivery to a person apparently entitled
thereto shall be a good defense to the Village against any other person
claiming to be entitled thereto.
M.
Carbon monoxide detectors. All existing indoor public places shall
have properly operational carbon monoxide detectors, either hard-wired
or plug-in type, installed at the premises. They shall be positioned
no further than 20 feet from all actual or potential sources of carbon
monoxide at the premises, and one floor directly above same, as applicable.
Carbon monoxide detectors and alarms must be installed in compliance
with manufacturers' specifications. All new construction shall
provide hard-wired carbon monoxide detectors, in compliance with the
above positioning requirements. The Building Department Superintendent
may adopt further regulations as he deems appropriate, in respect
to quality, and periodic maintenance and testing, to ensure effectiveness
of the equipment. These regulations will be made available to members
of the public at the offices of the Building Department. No carbon
monoxide detector shall be removed or disabled, except for service,
repair or replacement.
N.
Clothing bins.
[Added 5-19-2014 by L.L. No. 10-2014]
(1)
Legislative
intent. The Village Board has discerned that clothing bins located
off the premises of the owner thereof tend, in large measure, to become
an eyesore and a blight on the neighborhood due to disrepair, poor
maintenance, and, in particular, the lack of clothing removal resulting
in clothing or bags containing clothing or other items lying or strewn
about outside of the bins, all of which is detrimental to the health,
safety and welfare of the residents of the Village.
(2)
Permit
and security deposit required.
(a)
An applicant desiring to place a clothing bin on any property,
other than its own, must apply for and obtain a permit therefor from
the Superintendent of the Department of Buildings.
(b)
Permit fee. A fee for the permit shall be in such sum as determined
by the Village Board which shall consider the expense to the Village
for the routine inspections of the subject bin and the relative costs
in administering this Code section.
(c)
Application.
[1]
The application shall set forth a rendering of the proposed
bin, including the placement of the name, address and phone number
of the applicant.
[2]
Agreement of landowner. The applicant shall submit with its
application for a permit a copy of an agreement by the owner of the
land upon which the subject bin is proposed to be placed. Applicants
shall also provide a survey or a diagram of the subject property showing
the precise location of the proposed bin.
[3]
Security deposit. A security deposit in such amount as determined by the Board of Trustees shall accompany the application for a permit. Said deposit shall be held by the Village to assure compliance with provisions of Subsection C herein. The unused portion of the security deposit will be returned to the applicant upon the removal of the bin.
[4]
Prior to issuance of a permit, the Superintendent will submit
the application to the Architectural Review Board for review and determination.
The issuance of a permit is conditioned on the terms of the Board
approval, if any.
(3)
General
provisions.
(a)
A clothing bin placed on another's land without a permit
will, after the Village has posted a conspicuously located notice
on the bin requiring removal within two days, be removed by the Village
and demolished or otherwise disposed of.
(b)
A clothing bin may not be placed in a designated parking space.
(c)
The individual or firm whose name appears on the clothing bin
shall regularly inspect the bin and its surrounding area. Clothing
or bags of clothing or other items placed outside the bin shall be
promptly removed, and the area around the bin shall be maintained
clean and litter-free. A violation of this provision will be noted
by the posting of a notice conspicuously placed on the bin ordering
that within five days the clothing or bag of clothing be removed from
the area and that debris or litter immediately surrounding the bin
be removed. The notice shall state that a failure to comply with its
order shall result in removal and demolition of the bin by the Village.
(4)
This
section shall not apply to a clothing bin placed on the property of
the owner thereof.
A.
All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or sealed to protect
them from deterioration or weathering.
B.
Floors, walls, ceilings, stairs, furnishings and fixtures
of buildings shall be maintained in a clean, safe and sanitary condition.
Every floor, exterior wall, roof and 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.
C.
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
D.
Exterior walls, roofs and all openings around doors,
windows, chimneys and other parts of a building shall be so maintained
as to keep water from entering the building and to prevent undue heat
loss from occupied areas. Materials which have been damaged or show
evidence of dry rot or other deterioration shall be repaired or replaced
and refinished in a workmanlike manner. Exterior walls, roofs and
other parts of the building shall be free from loose and unsecured
objects and material and improperly secured objects and material.
Such objects or materials shall be removed, repaired or replaced.
E.
The owner of a building shall take such steps and
perform such acts as may be required from time to time 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 damaged
windows, doors and/or other openings shall be repaired or replaced
within 60 days of the occurrence of such damage and, until such repair
or replacement is made, shall be secured with painted, exterior-grade
plywood closures, securely fastened. In the event, however, that a
demolition permit or a building permit is validly issued for the building
during the sixty-day period after the occurrence of such damage, said
damaged windows, doors and/or other openings need not be repaired
or replaced within such sixty-day period, provided that demolition
and/or construction takes place in accordance with said permit(s)
and provided, further, that all damaged windows, doors and/or other
openings shall be secured with painted, exterior-grade plywood closures,
securely fastened. The Board of Trustees may extend the period of
time in which to repair or replace damaged windows, doors and/or other
openings for good cause shown.
[Amended 7-13-1992 by L.L. No. 9-1992]
F.
Buildings and structures shall be maintained in such
a condition so that they shall not become unoccupied hazards as defined
in this chapter. All graffiti or defacing shall be removed and the
surface finish restored within a five-day period.
G.
No light or other source of illumination shall direct
light in a way that would create a traffic hazard or public nuisance,
nor shall any spotlight, floodlight or similar type of light be positioned
in such a way that it casts direct rays of light upon any other lot
that is residentially zoned.
H.
All decorative pools and similar devices shall be
maintained free of litter and operated as intended. Should the maintenance
costs of such devices prove unacceptable, the device shall be converted
to landscaped planting beds.
I.
Graffiti.
[Added 7-15-2013 by L.L. No. 8-2013]
(1)
Legislative findings and intent. The Board of Trustees hereby finds
that graffiti vandalism poses a serious problem for residents and
merchants of the Village of Lynbrook and that graffiti is a physical
blight that results in substantial repair and removal costs to the
Village, its residents and merchants. It is the intention of the Board
of Trustees to strengthen the Village laws to combat graffiti vandalism.
(2)
BROAD-TIPPED MARKER
GRAFFITI
Definitions. As used herein, the following words and phrases shall
have the following meanings:
Any felt-tip marker, china marker or similar implement containing
a fluid or coloring matter and which has a flat or angled writing
surface of 1/4 inch or greater.
An inscription, drawing, message, mark or slogan made on
a public or private building, structure or property without the consent
of the owner or other person having control of the property.
(3)
Graffiti vandalism. It shall be unlawful for any person to make graffiti
or to write, paint or draw any work, inscription, design, figure or
mark of any type on any building or other structure or on any other
real or personal property without the express permission of the owner
or other person having control thereof.
(4)
Possession with intent to commit graffiti vandalism prohibited. Absent express permission to the contrary by the owner or other person having control of the property, it shall be unlawful for any person to possess a spray paint container, aerosol spray paint can, liquid paint in cans or other containers or broad-tipped marker in any building or upon any public facility or upon any public or private property with the intent or under circumstances evincing an intent to violate the provisions of Subsection I(3) above. Any person who possesses a spray paint container, aerosol spray paint can, liquid paint in cans or other containers or any broad-tipped marker in any building or upon any public facility or upon any public or private property with no legitimate or lawful purpose therefor shall be prima facie presumed to have possession of the same with the intention of using such container, can, marker or paint to violate the provisions of Subsection I(3).
(5)
Sale of certain graffiti implements.
(a)
No person shall sell or offer to sell an aerosol spray paint
can or broad-tipped marker to any person under 18 years of age.
(b)
Any person selling or offering for sale aerosol spray paint
cans or broad-tipped markers shall post in a conspicuous place a sign
which clearly states: "It is unlawful to sell aerosol spray paint
cans or broad-tipped markers to any person under the age of 18 years."
(c)
Any person selling or offering for sale aerosol spray paint
cans shall only display and/or offer such items for sale in a secure
enclosed display or behind a sales counter which is not accessible
to the public.
(6)
Civil liability. The parent, legal guardian, foster parent or other person having the custody and care of any minor child over the age of 10 years and under the age of 18 years who violates any provision of this Subsection I shall be liable for any damages and/or cleanup costs that result from graffiti vandalism as set forth in Subsection I(3).
(7)
Penalties for offenses.
(a)
Any person who violates the provisions of Subsection I(3) or (4) above shall be guilty of a Class A misdemeanor punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both. The court may consider a conditional discharge upon the condition that, with the consent of the owner (or other person having control) of the property, the defendant restore the property to its original non-graffiti condition by removal of all visible graffiti by means of the defendant's own labor and/or on the condition of monetary restitution in an amount not to exceed the cost of said restoration.
(8)
Reward. Under the authority of § 91 of the General Municipal Law, any person who shall provide information which leads to the arrest and conviction of any other person of one or more violations of Subsection I(3) above shall be entitled to a reward equal to 1/2 of any fine that is imposed by the Court, provided that in no event shall the amount of such reward exceed $1,000.
A.
Grounds, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation. Methods
used for exterminating insects, vermin and rodents shall conform to
generally accepted practice.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall
be appropriately screened with wire mesh or other suitable materials.
[Added 11-2-2015 by L.L.
No. 8-2015]
A.
Purpose and intent.
(1)
Purpose. The purpose of this section is to promote and protect
the property, property values and welfare of the residents of the
Village, and to protect the property and preserve the aesthetic qualities
of the environment of the Village.
(2)
Intent. It is the finding of the Board of Trustees that the
planting and/or the growing of bamboo, a plant not indigenous to the
Long Island region, has the capability to be destructive of the natural
environment, including Lynbrook's indigenous flora and of property
of both the Village and adjacent residences to the site of bamboo
growth. The Board also finds that the effects of the planting and
growing of bamboo will threaten the value and physical integrity of
both public and private property in the Village and that, therefore,
in order to protect and preserve said environment and said values,
it is necessary to regulate and prohibit the planting and/or growing
of bamboo within the Village.
B.
General provisions.
(1)
BAMBOO
BAMBOO PROPERTY OWNER
Definitions. As used in this section, the following terms shall
have the meanings indicated:
For purposes of this chapter, the term "bamboo" shall mean
running bamboo or invasive bamboo which, by its nature, has a leptomorph
rhizome (root) system which spreads perpendicular to the parent plant.
This definition also includes and relates to any type of "invasive
plant" listed in the United States Department of Agriculture, National
Agricultural Library.
A property owner in the Village who has planted or grown
or permitted the growth of bamboo plants on such owner's property.
(2)
Presumptive evidence of bamboo growth. A finding of bamboo growing
upon an owner's property shall constitute presumptive evidence
that the growing of bamboo on such property shall have occurred with
the consent of the owner. This presumption may be rebutted if the
owner can provide satisfactory proof to the Superintendent of the
Department of Buildings that the bamboo encroached from an adjacent
property and that initial steps for the removal thereof have been
undertaken.
(3)
Prohibition. The planting or growing of bamboo is prohibited within the Village. A violation of this section shall be deemed a violation subject to the penalties set forth in § 185-7.1C herein.
(4)
Removal.
(a)
The Superintendent of the Department of Buildings shall, upon
a finding of bamboo growing upon an owner's property, serve notice
upon the property owner that said bamboo must be removed within 30
days and that a failure to remove such bamboo will result in the removal
thereof by the Village with the costs and expenses related thereto
assessed against the property and collected in the manner real property
taxes. Said notice shall be given i) by certified mail, return receipt
requested, ii) regular first-class mail sent to said owner's
last known address, and iii) by posting on the property owner's
premises.
(b)
The property owner may appeal within seven days of said notice
to the Village Board. The sole issue to be raised for consideration
will be whether or not bamboo or its roots exist upon the said property
or that removal work has been instituted as shown by documentary evidence.
The Village Board may give permission, in its sole discretion, for
said owner to raise other issues in the interest of justice.
(c)
In the event that the Village is compelled to undertake the
removal of the bamboo as aforesaid, the Village shall incur no liability
for damages to the property or other flora of the property owner by
reason of removal process. The costs of such removal shall be assessed
against the property and collected as property taxes.
C.
Violations and penalties.
(1)
Violations. A violation of the provisions of this section shall
constitute a violation. Each day after service of a notice of violation
and order of removal shall constitute a separate violation.
(2)
Penalties.
(a)
A violation of this section shall be punishable by a fine not
to exceed $500 for each violation.
(b)
Should the Village be prevented from entering upon the property
owner's land to remove said bamboo after notice, the Village
may proceed with a civil action in the Nassau County Supreme Court
for injunction and related relief. The property owner shall be liable
for all court fees and attorney's fees related thereto.
A.
Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter as required by the provisions of Chapter 154. Littering, of this Code. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
[Amended 8-20-2007 by L.L. No. 9-2007]
B.
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling and disposal of garbage
and refuse in accordance with the provisions of applicable codes.
C.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking devices and all doors.
D.
Dumpsters and similar large receptacles shall be shielded
from the public view by means of appropriate landscaping or architectural
screening.
E.
Shopping centers, supermarkets and similar business
units shall provide permanent attractive, decorated litter receptacles
within the premises for public use in sufficient quantity to prevent
a person from walking in excess of 50 feet to use one such receptacle.
An occupant of the premises shall be responsible
for compliance with this chapter in regard to the following:
A.
Limiting the occupancy of that part of the premises
which he occupies or controls to the maximum permitted by the Village
Code.
B.
Maintenance of that part of the premises which he
occupies or controls in clean, sanitary and safe condition, free of
litter, rubbish, refuse, garbage, junk and infestation.
[Amended 8-13-2012 by L.L. No. 8-2012]
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls,
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
D.
Keeping exits from his building clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner, in accordance with the provisions
of the Village.
F.
Extermination of insects, rodents or other pests within
his premises.
G.
Maintenance of yards, lawns and courts in a clean,
sanitary and safe condition and free from infestation and litter insofar
as said occupant occupies or controls said yards, lawns and courts
or any parts thereof.
[Amended 3-2-1998 by L.L. No. 10-1998]
H.
The installation and removal of required screens.
I.
Keeping his domestic animals and pets in an appropriate
manner and under control.
J.
Elimination of all prohibited uses for that part of
the premises which he occupies, controls or has accessibility thereto.
K.
Unregistered or inoperative motor vehicles. No yard
or premises shall be used:
[Added 8-14-2006 by L.L. No. 9-2006]
A.
Owners of premises shall be responsible for compliance
with the provisions of this chapter and shall remain responsible therefor
regardless of the fact that this chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners and operators of buildings shall be responsible
for the proper installation, maintenance, condition and operation
of service facilities and for furnishing adequate heat and hot-water
supply where they have contracted to do so.
C.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the Village as executor, administrator, trustee, guardian, operator
or agent, such person shall be deemed and taken to be the owner or
owners of said property within the true intent and meaning of this
chapter and shall be bound to comply with the provisions of this chapter
to the same extent as the record owner; and notice to any such person
or any order or decision of the Mayor, or the Superintendent of the
Department of Buildings or the Superintendent of the Department of
Public Works, if so designated by the Mayor, shall be deemed and taken
to be good and sufficient notice, as if such person or persons were
actually the record owner or owners of such property. In instances
where an occupant is responsible or shares responsibility with the
owner for the existence of one or more violations of this chapter,
said occupant shall be deemed and taken to be an owner, within the
true intent and meaning of this chapter.
[Amended 3-2-1998 by L.L. No. 10-1998]
[Amended 3-2-1998 by L.L. No. 10-1998]
Immediately upon the Village's determination that any property is not being maintained in accordance with the standards established in this chapter, the owner or occupant responsible for such property, as provided above, shall be deemed to have committed an offense. Such owner or occupant shall be subject to the penalties and remedies provided for in § 185-12, notwithstanding any remedial action that may be taken by such owner or occupant subsequent to the village's determination to rectify the unsatisfactory condition.
[Amended 3-2-1998 by L.L. No. 10-1998]
A.
Any person committing an offense under any provision
of this chapter shall, upon conviction, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of any offenses
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense.
B.
Should the Superintendent of the Department of Buildings
or the Superintendent of the Department of Public Works find that
any violation of this chapter constitutes a hazard to the health,
safety, or welfare of any resident(s) of the Village:
[Amended 8-13-2012 by L.L. No. 8-2012]
(1)
He
shall provide a notice to be served upon the owner and/or occupant
of the premises upon which the violation exists directing the removal
of the violation within five days, or, where, in the judgment of the
Superintendent, the hazard caused by the violation is substantial,
the time for removal may be set at two days.
(2)
Said
written notice shall be deemed sufficient due process if it is posted
on the front door of the subject premises. Where the subject premises
is a vacant lot, such written notice shall be posted on the front
door of the business address or the home address of the owner of the
property.
(3)
In
the event that the owner and/or the occupant of the subject premises
fails to remove or remedy said hazardous condition within said prescribed
time, the Village, through its Department of Public Works or an independent
contractor, may enter upon the subject premises and perform the work
deemed necessary to remove or remedy said hazardous condition.
[Added 7-15-2013 by L.L. No. 7-2013]
(4)
Assessment
of costs. All costs and expenses incurred by the Village in connection
with the enforcement of the provisions of this chapter shall be assessed,
after written notice to the owner or occupant, by the Village, and
collected by the Village by:
[Added 7-15-2013 by L.L. No. 7-2013]
(5)
Appeals.
[Added 7-15-2013 by L.L. No. 7-2013]
(a)
Said owner or occupant may file a written appeal to the Village Board from the assessment of the said costs within 10 days of the date of the notice prescribed in Subsection B(4) above.
(b)
Upon receipt by the Village Board of such appeal, the Mayor shall
appoint one Trustee as Hearing Officer to take evidence and to render
a report to the Village Board recommending either affirming or reversing
the determinations and actions of the Superintendent in incurring
such costs. The Village Board thereafter will decide the appeal by
reversing or affirming the determinations and actions of the Superintendent.
C.
Judicial remedies. Where the Superintendent of the Department of Buildings or the Superintendent of the Department of Public Works finds that a public nuisance exists as a consequence of a violation of any provision of this chapter, he may, after the prescribed written notice as provided for in Subsection B herein, through the Village Attorney, upon the authorization of the Board of Trustees, institute an action or proceeding in law or equity to restrain, abate or remove such violation.
[Amended 8-13-2012 by L.L. No. 8-2012]
D.
Inspections.
[Added 8-14-2017 by L.L.
No. 2-2017]
(1)
The
Superintendent of the Department of Buildings shall be responsible
for investigating and documenting violations of any case of violation
of this chapter within the Village.
(2)
Where there is reasonable suspicion to believe that a violation of this chapter exists at a specific property, and where an authorized representative of the Department of Buildings, in the investigation of such suspected violation, has reasonable grounds for concluding that denial of entry upon the subject premises by either the owner or occupant thereof, the Superintendent may cause an application to be made to the Village Justice Court for an administrative search warrant pursuant to Chapter 59 of the Village Code for the inspection and photographing of the conditions found upon the subject property, and, should the Superintendent or his designee find that such violation exists, to take the necessary steps to cause the removal of such violation.
(3)
The foregoing provision and the provisions of Chapter 59, Administrative Search Warrants, shall be deemed by their terms to have served notice upon all owners and occupants of real property in the Village to the effect that, should the landlord, owner or occupant of said property give reasonable grounds for the conclusion by the Superintendent or his designee that denial of permission for entry upon the property for the purposes of an inspection of said property, an administrative search warrant may be requested of the Village Justice Court for the purpose of performance of such administrative inspection.
