[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Harbor as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-21-1970 by Ord. No. 8]
[Amended 1-8-2019 by L.L.
No. 2-2019]
It is hereby declared to be the policy of the
Village to provide for the proper use of land and to prevent unhealthful,
hazardous or dangerous conditions due to accumulations of brush, grass,
rubbish, weeds or other like material. By this article the Village
seeks to remove such dangers to health, life and property by requiring
owners of land to cut, trim or remove brush, grass, rubbish, weeds
or other like materials and upon default to cause the same to be done
and assess the cost against the real properties on which such brush,
grass, rubbish, weeds or other materials are found. For purposes of
this section, the maximum height of an established maintained lawn
area shall not exceed six inches.
The Board of Trustees may from time to time by resolution require notice to be served upon owners as hereinafter provided to remedy any of the conditions designated in § 193-1 which may exist upon the land, pursuant to the provisions of Subdivision 33 of § 89 of the Village Law of the State of New York, as amended.[1]
[1]
Editor's Note: See now Village Law § 4-412.
Any person, being the owner of real property
in the Village, shall be required to cut, trim or remove brush, grass,
rubbish, weeds or other materials upon his lands when ordered to do
so by resolution of the Board of Trustees.
Whenever the Board of Trustees shall adopt a
resolution requiring the owner of land within the Village to cut,
trim or remove brush, grass, rubbish, weeds or other materials upon
his lands, the Board of Trustees shall specify the place, manner and
time, not less than five days from the receipt of notice, within which
such work shall be completed. A notice of the adoption of such resolution
shall be served upon such owner or owners by certified mail addressed
to his or their last known address.
Whenever a notice or notices referred to in § 193-4 hereof has or have been served upon the owner of the respective lots or parcels of land to cut, trim, or remove brush, grass, rubbish, weeds or other materials and such owner shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Board of Trustees may cause the work to be done and pay the cost thereof.
The Village shall be reimbursed for the cost of work performed or services rendered by direction of the Board of Trustees as provided in § 193-5 by assessment and levy upon the lots or parcels of land whereon such work was performed or services rendered of the actual and complete cost of such work, whether such work shall have been done by employees of the Village or others, which charges shall be assessed and collected in the same manner and at the same time as provided for by law for the collection of delinquent taxes.
[Adopted 3-26-2019 by L.L. No. 4-2019]
As used in this article, the following terms shall have the
meanings indicated:
Any container used or intended to be used for the purpose
of temporary storage and disposal of any material.
Any nonpermanent container intended for the purpose of storing
or keeping household goods and other personal property that is intended
to be filled, refilled, or emptied while temporarily located on private
property in the Village.
It shall be unlawful for any person, firm or corporation or
property owner to place, keep or maintain, or allow to be placed,
kept or maintained, any storage container or dumpster on any property
in the Village without securing a permit.
Any person requesting a storage permit to place, keep or maintain
a storage container or dumpster on private property in the Village
shall file an application with the Village signed by the property
owner on the Village form provided, together with the permit fee and
security deposit, in amounts set by resolution of the Board of Trustees.
The security shall ensure the prompt removal of the storage container
or dumpster upon expiration of the permit.
Only one storage container or dumpster is allowed to be placed
on private property. The storage container shall not be larger than
100 square feet and shall not exceed eight feet in height. The dumpster
shall not exceed 30 yards. The storage container or dumpster shall
be located in an area designated by the Village, taking into account
surrounding properties and the Village at large. The Village may impose
temporary screening requirements.
The storage permit shall be for a thirty-day period. The permit
term may be extended by the Village, in its sole discretion, for an
additional period. If an extension is granted an additional fee will
be charged in the amount set by resolution of the Board of Trustees.
The storage container or dumpster shall be immediately removed at
the end of the permit term, unless extended by the Village.
If after five days' notice to the storage permit holder
of a violation of the provisions of the storage permit said violation
remains open, or has not been satisfactorily addressed or cured, the
Building Inspector is authorized to revoke or suspend the issued storage
permit. Written notice shall be given either by personal service or
regular mail addressed to the permit holder. Failure to promptly remove
the storage container or dumpster on the expiration of the term of
the permit shall be deemed a violation, without need of written notice,
and will subject the permit holder to an additional fee of $75 per
day for each and every day the storage container or dumpster remains
on the property after the expiration of the permit term, which additional
fee shall be deducted from the permit holder's security deposit
posted with the Village.
A.Â
The Board of Trustees may establish, by resolution, rules, regulations,
fees and conditions pertaining to the terms and conditions imposed
for any storage permit in order to protect neighboring properties
and the Village.
B.Â
Storage containers and dumpsters which are being used in connection
with a current and validly issued Village building permit are exempt
and do not require a permit under this article.
