No person shall create or maintain a public
nuisance within the Village of Mill Neck, New York. A public nuisance
consists of any unreasonable or unlawful use of a house, premises,
place or property or other conduct or omission which results in discomfort,
annoyance, inconvenience or damage to the public at large. Without
limiting the foregoing designation of what constitutes a public nuisance,
the maintenance of the following conditions is hereby specifically
declared to be public nuisances:
A. Whatever is dangerous or detrimental to public health.
B. Whatever renders soil, air, water or food impure or
unwholesome.
C. Hog pens, accumulations of dung or manure, carcasses,
swill, urine of animals or any stinking, noxious, offensive, foul
or filthy liquids, materials or conditions.
D. Rubbish, refuse or other waste, with the exception of such rubbish, refuse or other waste as is prepared for collection as provided in Chapter
72 of this Code.
E. Accumulations of brush, tree stumps or other vegetative
wastes or rubble or construction wastes.
F. Unsightly growths of weeds or other noxious vegetation.
G. Ponds or pools of stagnant water, except those protected
under the Freshwater Wetlands Act or the Tidal Wetlands Act.
H. Pits, holes, excavations, uncovered wells or other
declivities of land which are unsightly or are liable to cause injury
to persons falling therein or therefrom.
I. Accumulations of junk, old metals or machinery, rags
or newspapers or storage in the open of abandoned, inoperable or partially
or completely dismantled motor vehicles.
J. Bamboo which is located within 10 feet of any property line, street or public right-of-way. The term "bamboo" shall be defined as any tropical or semitropical grass of the genera Bambus, Dendrocalamus or any another related genera. The provisions of this Subsection
J shall not apply to any property used as a garden for educational purposes for which a special permit for a conditional use under Article
IX and §
129-89 of the Village Code has been approved by the Board of Appeals.
[Added 5-13-2014 by L.L. No. 2-2014]
The imposition of any penalty for any violation
of the provisions of this article shall not affect the power of the
Board of Trustees to require the abatement of any public nuisance
within such time as the Board shall fix nor prevent, in the event
of neglect or refusal by any person to comply with any or all of the
provisions of such an order, the entry by the Board of Trustees or
its designees upon the premises wherein such nuisance is maintained,
the removal of such nuisances by them and the assessment of all costs
of such removal, including legal fees, against the real property affected.