[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 9-16-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
It is the intention of the Lindenhurst Village Board pursuant to the Village Law, and all other applicable and successor laws and rules, to maintain a clean, wholesome, attractive community and to guard against the creation of nuisances and conditions that may endanger the health, safety and welfare of Village residents; spread disease; create fire hazards; reduce the value of property; interfere with the use and enjoyment of adjoining properties and interfere with the comfort and well-being of the public.
No temporary storage container, generally referred to as a portable on-demand storage unit (POD) shall be kept or maintained in a residentially zoned or residentially utilized lot or tract of land for more than 30 days without the prior written approval of the Village Administrator, and in no event shall the Village Administrator permit the unit to be kept for more than 180 days on the subject property.
A portable on-demand storage unit (POD) or other temporary storage facility kept or maintained in a residentially-zoned or residentially utilized lot or tract of land improved by a building structure shall be located behind the front line of the main building structure, projected to the side lines of the lot. The Village Administrator, at his discretion, may approve another location for placement of the unit on the property as long as no hazard or nuisance is created thereby. At no time shall the portable on-demand storage unit (POD) or other temporary storage facility be located or maintained on any sidewalk, street, roadway or public right-of-way.
A portable on demand storage unit (POD) or other temporary storage facility placed, located or maintained on a sidewalk, street, roadway or public right-of-way shall be deemed abandoned and a hazard to the general public, and the Village shall be authorized to impound such units without notice to the owner or occupier of the property and/or the owner of the storage unit. Such owners and/or occupiers shall be jointly and severally liable to the Village in the sum of $500 for each unit impounded and a storage fee of $20 per unit for each day, or part thereof, that the unit(s) are stored by the Village.
A person or business entity who commits or permits any acts in violation of any provisions of this chapter shall be deemed to have committed an offense against this article and shall upon conviction thereof be subject to a fine or penalty of not less than $150 and not more than $1,500. Each day or part thereof such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner.
In addition to the penalties set forth above and any other remedy available to the Village, the Board of Trustees may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction a violation of this chapter and/or to recover legal fees.