[HISTORY: Adopted by the Board of Trustees of the Village of Rockville
Centre 10-23-1978 by L.L. No. 8-1978.
Amendments noted where applicable.]
GENERAL REFERENCES
Awnings — See Ch. 96.
Building Code — See Ch. 112.
Dangerous and unsafe buildings — See Ch. 122.
Numbering of buildings — See Ch. 129.
Rehabilitation of buildings — See Ch. 132.
Fire escapes — See Ch. 181.
Fire prevention and control — See Ch. 185.
Junk and secondhand dealers — See Ch. 215.
Pesticides — See Ch. 261.
Solid waste — See Ch. 283.
Streets and sidewalks — See Ch. 287.
Trees, shrubs and hedges — See Ch. 303.
Signs and posting bills — See Ch. 335.
A.
The unsheltered storage of old, unused, stripped, abandoned,
junked, discarded and other automobiles not in good, safe operating condition
and of any other vehicle whether or not the same may be licensed or subject
to licensing, hereinafter called "vehicle" or "vehicles," and of other items
of personal property, such as machines, implements and/or equipment, and other
items having little or no value, such as lumber, junk, trash, debris, or abandoned,
discarded or unused objects or equipment, such as furniture, stoves, refrigerators,
freezers, cans or containers hereinafter called "personal property," and the
scattering or keeping of or the storage of the same over and on premises within
the Village of Rockville Centre is detrimental to the health, safety, general
welfare and property values of the community and constitutes a detriment to
the clean, wholesome, safe and attractive environment that is important to
the community. Further, the growth of brush, grass, rubbish or weeds, including
the growth of poisonous shrubs or weeds, on land is also detrimental to the
health, safety, general welfare and property values of the community and constitutes
a detriment to the clean, wholesome, safe and attractive environment that
is important to the community.
B.
The outdoor or unsheltered storage of such vehicles or
personal property or the permitting of such vehicles or personal property
to remain on unsheltered portions of premises or of building exteriors or
the permitting of the growth of brush, grass, rubbish or weeds, including
the growth of poisonous shrubs or weeds, on premises within the Village of
Rockville Centre in such a manner as to be readily visible from any public
place or from any surrounding private property is dangerous to the public
safety and contrary to the public health, safety and welfare of the community
and is hereby declared to be a nuisance.
No person owning, leasing, occupying or having charge of any premises
shall maintain or keep any nuisance thereon, nor shall any such person keep
or maintain such premises in a manner causing substantial diminution in the
value of the other property in the neighborhood in which such premises are
located.
No person in charge of or in control of premises, whether as owner,
lessee, tenant, occupant or otherwise, shall allow any vehicle or vehicles
or items of personal property to remain on such property for a period longer
than five days, nor shall such person permit the continued growth of brush,
grass, rubbish or weeds, including the growth of poisonous shrubs or weeds,
for a period longer than 10 days following the giving of notice to cut, trim
or remove the same from the land by a public servant authorized to give notice
pursuant to the provisions of the Code of the Village of Rockville Centre.
A.
Any person in charge or control of premises, whether
as owner, tenant, lessee, occupant or otherwise, shall abate such nuisance
by the prompt removal of said vehicle or vehicles or items of personal property
into completely enclosed buildings authorized to be used for such storage
purposes if within the corporate limits of the Village or otherwise to remove
it to a location outside the limits of the Village.
B.
Any person in charge or control of premises, whether as owner, tenant, lessee, occupant or otherwise, who has been given notice pursuant to the provisions of § 261-3 hereof to cut, trim or remove from the premises brush, grass, rubbish or weeds, including the growth of poisonous shrubs or weeds, shall do so within the ten-day time limit specified in such notice and by the provisions of § 261-3 hereof.
C.
If the premises are vacant, the provisions of this chapter
shall be applicable to the owner, or, if they are occupied by any person,
firm or corporation other than the owner, the provisions of this chapter shall
be applicable to both the owner and to the person, firm or corporation in
charge of or in control of the premises.
A.
The provisions of this chapter shall not be applicable
to:
(1)
Premises licensed for the storage of such vehicle or
vehicles or items of personal property.
(2)
The storage of such vehicle or vehicles or items of personal
property within completely enclosed buildings on the premises, provided that
the vehicle or vehicles or items of personal property are owned by the owner,
tenant, lessee or other occupant of the premises.
(3)
The premises of a business enterprise operated in a lawful
place, other than a residential district, and operated in a lawful manner,
when the keeping or maintenance of such vehicle or personal property is necessary
to the operation of such business enterprise.
B.
The provisions of this section shall not be applicable
in any instance in which a notice has been given to cut, trim or remove brush,
grass, rubbish or weeds, including the growth of poisonous shrubs or weeds.
If such owner, tenant, lessee or occupant of premises allows such nuisance to exist for a period in excess of five days or, in any instance in which a notice has been given to cut, trim or remove brush, grass, rubbish or weeds, including the growth of poisonous shrubs or weeds, within the applicable time limits, fails to abate such nuisance upon expiration of such time, they and each of them, upon conviction thereof, shall be fined not less than $25 nor more than $50 for each offense, and a separate offense shall be deemed commenced for each day on which such nuisance is permitted to exist beyond the periods set forth in § 261-3 hereof.
A.
Whenever the owner, tenant, lessee or other occupant
of the premises fails to abate the nuisance, the Village may serve written
notice upon such owner, tenant, lessee or other occupant of the premises ordering
that said nuisance be abated by removing such vehicle or vehicles or items
of personal property within five days of the date of such service of notice,
and upon the expiration of such five-day period, the Village shall remove
or cause to be removed such vehicle or vehicles or items of personal property
to a location of its selection, and the expense therefor shall be billed to
the owner of the premises as well as to the tenant, lessee or other occupant
thereof.
B.
The imposition of the penalty provided for in § 261-6 hereof shall not preclude the Village from abating the nuisance as provided for herein; provided, however, that the provisions of Subsection A shall not be deemed to require the giving of additional notice to any person in charge of or in control of premises who has been given notice pursuant to the provisions of § 261-3 hereof to cut, trim or remove brush, grass, rubbish or weeds, including the growth of poisonous shrubs or weeds.
A.
The notice provided for in §§ 261-3 and 261-7 hereof shall contain the name of the owner of the premises and of the tenant, lessee or other occupant of the premises if the same is known; a description of the premises, either by street address or section, block and lot number as shown on the Tax Map of the Village; and a statement, as the case may be, of the general location of the vehicle or vehicles and/or items of personal property and/or the continued growth of brush, grass, rubbish or weeds, including the growth of poisonous shrubs or weeds, and that the failure to cut, trim or remove the same within the period specified in said notice is a violation of this chapter, the number of which shall be specified in said notice.
B.
Service, either personally or by registered mail, return
receipt requested, upon the person, firm or corporation shown to be the owner
of the premises on the tax rolls regularly maintained by the Village shall
be deemed to be service on the owner. If service is made upon the tenant,
lessee or other occupant of the premises and the name of such tenant, lessee
or occupant is not known, then the notice may be addressed "Tenant, Lessee
or Occupant" and mailed to the premises, and a copy of such notice shall be
posted conspicuously on the premises.
A.
If a notice, as provided in § 261-3 or 261-7 hereof, shall be given to the owner, tenant, lessee or other occupant of the premises, then such owner, tenant, lessee or other occupant shall have the right to demand a hearing in the Village Court to determine whether or not the allegations in said notice are factual and are, in fact, a nuisance within the meaning of this chapter, and such hearing shall be had within 10 days following the filing of such demand; provided, however, that if there had been a prior conviction and penalties imposed under the provisions of § 261-6 hereof, such prior conviction shall be a conclusive determination that the nuisance does exist. If a demand for hearing is made, such demand must be filed with the Court Clerk of the Village Court no later than five days following the service of the notice referred to in §§ 261-7 and 261-8 hereof, and the time within which such hearing must be held will commence to begin upon the filing of such demand.
B.
If, pursuant to § 261-7A of this chapter, the Village shall have removed the vehicle or vehicles or the other items of personal property or shall have cut, trimmed or removed the brush, grass, rubbish or weeds, including the growth of poisonous shrubs or weeds, from the premises and a bill therefor is sent to the owner, tenant, lessee or other occupant thereof, the recipient or recipients of such bill shall have the right to a hearing before the Board of Trustees of the Village to determine the reasonableness of such bill. Following such hearing, the reasonable expenses of the removal of such vehicle, vehicles or items of personal property shall be recoverable either by a suit at law if so ordered by the Board of Trustees or by assessment against the real property, and such assessment shall constitute a lien and charge upon the real property by inclusion on the next ensuing tax bill rendered to the owner of the property and recovered in the same manner as taxes are recovered if so ordered by the Board of Trustees.
This chapter shall take effect on December 1, 1978.
