[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Bay Park 11-1-1988 by L.L. No. 3-1988. Amendments noted where
applicable.]
It shall be unlawful for any owner of real property within the
village or the agent of such owner and/or any person, firm or corporation
lawfully occupying any real property within the village to permit:
A.Â
Lawns, weeds and growth or vegetation of any kind to reach a height
in excess of eight inches.
B.Â
Rubbish or rubble to accumulate thereon.
C.Â
Any dangerous or hazardous condition or any condition which adversely
affects the public health, safety or welfare or which adversely affects
the health or safety of any person on premises other than that on
which the condition exists to exist or continue to exist.
[Amended 4-15-1996 by L.L. No. 1-1996]
D.Â
The placement,
retention, storage or accumulation of any construction related materials,
debris or equipment on real property, in a manner not previously approved
in writing by the Building Inspector in accordance with a building
permit, and at such time when there is not a current building permit
for the premises.
[Added 8-7-2018 by L.L. No. 3-2018]
Upon any written report to the Board of Trustees informing the
Board that any person subject to this chapter is in violation of the
provisions of this chapter, the Board of Trustees may direct that
the owner and/or person in control of such property appear before
the Mayor or the Board of Trustees at a designated time and place
to show cause why it should not be determined that a violation of
this chapter exists and why such owner and/or person should not be
required to remove such violation at the expense of such owner and/or
person. After such owner and/or person is given such opportunity to
show cause and if the Mayor or the Board of Trustees, as the case
may be, determines that a violation of this chapter exists, the Mayor
or Board of Trustees, as the case may be, may direct that notice be
given to such owner and/or person in control of any property, directing
such owner and/or person to comply with the requirements of this chapter
within a period of time specified in such notice, and further notifying
such owner and/or person that in the event of noncompliance with such
direction, the provisions of this chapter shall be applicable. Service
of any notification provided in this section may be made upon such
owner, agent of such owner and/or any person, firm or corporation
lawfully occupying said property by personal delivery or by certified
mail, return receipt requested, addressed to such person at the last
known address for such person, and if no such address is known, at
the address of the property.
Any person served with a notice to remove or cure a violation
shall comply with such notice within the period of time specified
in such notice.
Upon failure of any person to comply with the requirements of
any notice given as provided in this chapter, the Board of Trustees
may authorize appropriate work to be performed or services to be rendered
to remove or cure the specified violations, and pay the cost thereof
from general funds of the village appropriated by the Board of Trustees
for such purpose.
The village shall be reimbursed for the cost of the work performed
or the services rendered as herein provided, including the cost of
any professional services required by the village for compliance with
the provisions of this chapter and any other expenses incurred by
the village for compliance with the provisions of this chapter, and
such reimbursement shall be made by the owner of the property upon
which such work was performed or services were provided, and in the
event such reimbursement is not made within 30 days after demand,
the amount so unpaid shall be included as an additional assessment
against the property in the same manner as taxes due the village,
in the manner provided by law.
[Added 4-15-1996 by L.L. No. 1-1996]
A.Â
In the event that a violation of the provisions of § 115-1 of this chapter is alleged to have occurred and the condition which constitutes such violation constitutes an imminent danger to the public health, safety and welfare, the village shall give such notice to the owner of the property where such alleged violation exists as may be reasonable and appropriate under the circumstances and may take such action as the village deems appropriate to cure or remove such imminent danger.
B.Â
Upon subsequent notice to the owner of the property where such violation is alleged to have occurred or where such dangerous condition is alleged to have existed and, after an opportunity for such owner to be heard, the Board of Trustees may determine that the costs and expenses incurred by the village for the cure or removal of the imminent danger shall be reimbursed to the village pursuant to § 115-5 of this chapter. Upon such determination, the provisions of § 115-5 shall be applicable to require such reimbursement, notwithstanding that the village did not comply with any other provision of this chapter prior to taking action to cure or remedy the dangerous condition.
