[HISTORY: Derived from Secs. 2.0 through
2.13 and 6.5 of the General Ordinances. Amendments noted where applicable.]
[Amended 4-2-1979 by L.L. No. 1-1979; 10-5-1998 by L.L. No. 2-1998; 5-3-2004 by L.L. No. 1-2004; 2-4-2008 by L.L. No. 2-2008]
A. Definitions. For purposes hereof, the following terms
shall have the following meanings:
DEBRIS
Any junk, metal, bricks, stone, concrete, concrete blocks,
pavement, paving, plaster, lumber or any other kind of building material,
automobile chassis, parts or portions thereof, tanks, barrels, containers,
utensils or appliances of any type or material, or any portion thereof,
any other abandoned material, refuse, snow, garbage, or trash of any
character or description, including, without limitation, stones, gravel,
slag, wood cuttings, weeds and leaves.
DUMPSTER
Any container larger than a garbage collection receptacle,
made of any type of material or substance, used or able to be used
in the ordinary course of demolition or construction of buildings
and structures, or portions thereof; or property maintenance, for
the purpose of storing, containing and/or transporting garbage and
debris generated by such demolition or construction or property maintenance.
GARBAGE COLLECTION RECEPTACLE
Any container able to be carried by not more than 2 people,
by hand without tools or machines, and customarily used for the deposit
of garbage and refuse generated in the ordinary course by a single
family residential household, for regular collection by garbage or
sanitation carting services provided by the Village to its residents.
LARGE STORAGE CONTAINER
Any container larger than a garbage collection receptacle,
made of any type of material or substance, used or able to be used
for the purpose of storing, containing and/or transporting property
or materials other than garbage and debris, including, without limitation,
self-storage containers provided for residential and other use by
vendors of moving and storage services, to store furniture, fixtures
and personal property while residential renovations are being undertaken;
provided, however, that mobile storage units designed to be moved
by not more than 2 people, by hand, without use of machines, such
as storage containers intended to be affixed to automobiles, sports
utility vehicles, and other noncommercial motor vehicles, shall not
be deemed "large storage containers.
PROPERTY or REAL PROPERTY
Any reference in Chapter
110 to property or to real property shall mean any lot, plot or parcel of real property, whether comprised of vacant land or improved with one or more structures or other improvements, located within the Village.
[Added 10-6-2008 by L.L. No. 4-2008]
B. Accumulation of debris prohibited. Except to the extent
expressly permitted in this section, no person owning, occupying or
having any right to enter upon real property within the Village shall
deposit, collect or, with respect to owners or occupants, maintain
or permit to be deposited, collected or maintained on such property,
debris of any kind.
C. Exceptions. The prohibition set forth in the preceding
clause shall not be deemed to prohibit:
(1) The deposit of clean soil or sand which is intended
to fill and improve such property when, with the written approval
of the Village Clerk, upon consultation with the Village Building
Inspector, the same is spread about to conform to the contour of the
property or an adjacent property and is spread in conformity with
the existing statutes of the State of New York and local laws, rules
and resolutions of the Village;
(2) Refuse, garbage, or trash temporarily held or stored
for removal in the ordinary course by licensed sanitation vehicles;
(3) The deposit, collection or maintenance in an orderly, inoffensive manner, of any materials used or intended for use in connection with the construction, expansion, renovation or alteration of a private residence or accessory structure on such property, provided that if a dumpster or large storage container is used therefor, such use complies with the further provisions of this §
110-1 applicable to dumpsters and large storage containers.
D. Permit required for dumpsters for storage and/or transport
of debris and large storage containers for storage and/or transport
of other materials and substances.
(1) Permit required.
(a)
No person shall place, maintain or use a dumpster
or a large storage container on any property within the Village without
having first obtained a written permit issued by the Village Clerk
authorizing same.
(b)
Each application for permit hereunder shall
be in writing, signed by the applicant, on a form prescribed by the
Village Clerk, which shall set forth the purpose and the period during
which the dumpster or large storage container is proposed to remain
on the applicant's property.
(c)
Each permit issued hereunder shall be in writing,
and signed by the Village Clerk, upon consultation with the Building
Inspector. The Village Clerk shall issue such permit if the applicant
has demonstrated to the reasonable satisfaction of the Village Clerk,
upon consultation with the Building Inspector, that such dumpster
or storage container is reasonably required by the applicant for a
lawful purpose and that the proposed use and location thereof will
not constitute a traffic or safety hazard, or materially adversely
impact the health, safety or welfare of any Village resident. For
purposes of illustration, and not in limitation, demolition or construction
of, or alterations or additions to, buildings or structures on private
property within the Village shall be deemed a lawful purpose.
(d)
No permit shall be issued until all fees applicable
thereto, as required by resolution duly adopted by the Board of Trustees
from time to time, are paid to the Village.
(e)
No permit shall be issued if the Building Inspector
has determined that a violation of any provision of the Village Code
exists on or at the subject property, or a summons or appearance ticket
has been issued with regard to an alleged violation of any provision
of the Village Code on or at any other property owned by the Owner
or the applicant within the Village, or any fees, deposits or other
sums of money are due to the Village with regard to the subject property;
or otherwise due to the Village from the owner of the subject property;
or otherwise due to the Village from the applicant, if the applicant
is not the owner.
(f)
Each permit issued hereunder shall set forth
the period of time for which same shall be permitted. Each such permit
shall also contain such other conditions as the Village Clerk, after
consultation with the Building Department, deems necessary or appropriate
with respect to the issuance thereof in order to protect the health,
safety and welfare of the Village and its residents.
(2) Use and maintenance regulations.
(a)
No dumpster or large storage container shall
be located, maintained or transported in any manner that will, or
is likely to, cause its contents to spill upon public or private property
in any manner whatsoever, or in any manner that violates any condition
imposed under the permit issued by the Village Clerk with respect
thereto.
(b)
No permit for a dumpster shall be issued for
a period longer than 12 months. No permit for a large storage container
shall be issued for a period longer than 1 month. Notwithstanding
the foregoing, the Village Clerk may grant an extension of not more
than 6 months, with respect to a dumpster, and not more than 1 month,
with respect to a large storage container, upon written application
therefor by the applicant, satisfying all conditions hereunder for
issuance of the original permit.
(3) Violation.
(a)
Revocation of permit. Violation of any term
or condition of this section by the applicant, or any occupant of
the property, or any agent, employee, contractor or subcontractor
of the applicant, shall constitute basis for immediate revocation
by the Village Clerk of any permit issued hereunder. Any such revocation
shall be in addition to, and not in lieu of, any other penalties or
remedies with respect to such violation applicable under the Village
Code or otherwise at law.
(b)
Each and every day that a violation of this
section continues shall constitute a separate violation.
[Amended 5-3-2004 by L.L. No. 1-2004]
No person shall scatter, drop or spill or permit
to be scattered, dropped or spilled, any dirt, sand, gravel, clay,
loam, stones or building rubbish or household waste or offensive liquids
or matter therefrom, or permit the same to be blown or thrown off
any vehicle in or upon any public place.
[Amended 4-2-1979 by L.L. No. 2-1979]
Receptacles for garbage shall not be kept nearer
to any roadway or street than the wall of the residence fronting on
an adjacent roadway or street, except receptacles for garbage may
be placed in front of the wall of said residence after the sundown
of the day preceding a day designated for garbage collection.
Debris or trash shall not be placed for collection
in front of premises until sundown of the day before pickup.
Buildings and lots shall be kept and maintained
in such condition that the sewerage and drainage systems installed
or connected therein shall not constitute or contribute to the creation
of a nuisance or menace to health.
[Amended 4-2-1979 by L.L. No. 3-1979; 5-3-2004 by L.L. No. 1-2004; 3-6-2006 by L.L. No. 1-2006; 9-10-2007 by L.L. No.
4-2007; 4-6-2009 by L.L. No. 1-2009]
A. Maintenance of sidewalks. Every owner or occupant of real property within the Village shall maintain in good repair and safe condition the sidewalk abutting property within the Village that is owned or occupied by him, her or it. The Board of Trustees shall provide for the enforcement of this Subsection
A of §
110-6 by resolution, and it shall regularly require the Village Clerk to identify the owners and occupants of properties within the Village with respect to which abutting sidewalks are in unsafe condition or disrepair. The Village Clerk shall deliver to each such owner or occupant 30 days' prior written notice that said sidewalk is in unsafe condition or disrepair, notifying such owner or occupant that failure of such owner or occupant to correct such unsafe condition or disrepair within such 30-day period shall constitute a violation of Chapter
110 of the Village Code. Upon the failure of any such owner or occupant to correct the unsafe condition or disrepair identified in such notice within such 30-day period, the Board of Trustees may elect to cause such unsafe condition or disrepair to be corrected, and to assess the expense thereof upon the real property abutting the sidewalk so corrected or repaired, and the charge therefor shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged, and same shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes.
B. Removal of snow, ice and obstructions from sidewalks. Except to the extent expressly provided in Subsection
C of this §
110-6, every owner and occupant of property located within the Village shall keep and maintain the sidewalks abutting such property in a clean condition, free and clear of all snow, ice, dirt, refuse, debris, rubbish and other obstructions, and in a safe condition for public travel. Without limiting the foregoing, every owner or occupant of property located within the Village shall, within 12 hours after the cessation of any storm or weather event causing snow, ice or other frozen precipitation to be deposited upon any sidewalk abutting property within the Village owned by such owner or occupied by such occupant, remove or cause said snow or ice or other frozen precipitation to be removed or cleared entirely from the sidewalk abutting such property; provided, however, that the time between the hours of 7:00 p.m. to 7:00 a.m. shall not be included in the period of 12 hours referred to above.
C. Notwithstanding any contrary provision contained in the preceding Subsection
B, owners and occupants of property located within the Village and having frontage upon the portions of Village streets identified below (collectively, Exempt Street Segments) shall have no obligation under said Subsection
B to remove or cause to be removed snow, ice or other frozen precipitation deposited upon any sidewalk abutting any portion of an exempt street segment. However, any owner or occupant of any parcel of real property with frontage upon both an exempt street segment and any other Village street must comply with Subsection
B as to any sidewalk abutting such parcel that does not abut an exempt street segment. Nothing herein is intended or shall be deemed to excuse any owner or occupant of any parcel of real property with frontage upon an exempt street segment from complying with all other provisions of this §
110-6, and this Chapter
110, including without limitation, §
110-7. Exempt street segments are the following: Bournedale Road North, between Plandome Road and Brookwold; Bournedale Road South, between Chester and Brookwold; Winthrope Road, between Bournedale Road North and Webster; Brookwold, between Bournedale Road North and Webster; Chester, between Bournedale Road North and Webster.
D. Parking on sidewalks. Parking of automobiles and all other types
of motor vehicles on sidewalks within the Village is prohibited.
[Amended 3-6-2006 by L.L. No. 1-2006; 9-10-2007 by L.L. No.
4-2007]
If any owner or occupant of any property within the Village fails to comply in any respect with the provisions of §
110-6 of this Chapter
110, and any personal injury or property damage results from such failure, then each such owner or occupant shall be liable to each and every person injured, or whose property is damaged, directly or indirectly as a result of such failure, and shall be liable to the Village of Plandome Heights to the extent that the Village is required by law or by any court to respond in damages to any party whose person or property is injured or damaged as the result of the failure of such owner or occupant to comply with any provision of §
110-6 of this Chapter
110.
[Amended 5-3-2004 by L.L. No. 1-2004; 10-6-2008 by L.L. No.
4-2008]
A. Every owner or occupant of property shall keep the
grass, and grass plots and areas, cut and trimmed to a height of no
more than 6 inches; at no time shall the owner or occupant permit
noxious weeds, long grass or other rank growths thereon.
B. The Village may direct and order such work or labor
necessary to remove or remediate any condition in violation of any
provision hereof, to be performed by the owner or occupant, by delivering
written notice either by personal service or by regular mail to the
owner, to the last known address for the record owner of such property
as reflected in the Village records and, if the occupant is not the
owner, by mail to the occupant at the mailing address for the affected
property.
C. Upon the failure or refusal of the owner and occupant
to remove or remediate any such condition as directed in such written
notice within 30 days after delivery of such notice, the Village may
perform, or cause to be performed, the work or labor necessary to
remove or remediate any such condition. The cost and expense thereof
shall be certified by the Village Clerk and assessed against the property
affected, and such cost and expense shall constitute a lien and charge
upon the property affected, until paid or otherwise satisfied or discharged.
A written demand for payment thereof shall be delivered by the Village
to the owner and occupant in the manner provided above herein for
delivery of notice to remove or remediate violative conditions. If
payment in full is not received by the Village within five days after
written demand therefor is delivered, such cost and expense shall
be collected by the Village Treasurer in the manner provided by law
for the collection of delinquent taxes, or, at the option of the Board
of Trustees of the Village, the cost and expense thereof shall be
collected by lawsuit in the name of the Village.
No person shall lower the curb or change the
grade of any sidewalk or place ramps at curbs in streets for the purpose
of providing a way across said sidewalk except on the grant of written
permission, upon written application to make such change to the Village
Clerk, and any permission granted shall be upon condition that such
change shall be made subject to the direction of the Building Inspector
and shall provide, if said direction is not complied with, that said
permission shall be revoked and the sidewalk and curb shall be restored
at the expense of the applicant.
[Amended 4-2-1979 by L.L. No. 4-1979; 9-12-1988 by L.L. No. 2-1988; 5-3-2004 by L.L. No. 1-2004; 9-10-2007 by L.L. No. 4-2007]
A. No person, firm or corporation, public service, water,
light or power company shall open or disturb any street, highway or
sidewalk pavement or excavate in any street, highway or sidewalk in
the Village for any purpose without first obtaining a permit from
the Village Clerk as hereinafter provided.
B. Application for permit; security deposit; insurance
requirements; bond.
(1) Upon application, in writing, filed with the Village
Clerk, stating the purpose, extent and location and nature of a proposed
excavation or other disturbance of a street or highway or sidewalk
in the Village, the Village Clerk may grant or refuse a permit therefor.
Except where such excavation or disturbance shall be directly authorized
by law, the Village Clerk shall require the applicant to deposit with
the Village Clerk a sum of money which shall be deemed by him or her
to be adequate to pay all of the expenses that the Village may incur
to replace or restore the street, highway or sidewalk, pavement, curb
or gutter in proper condition. Every application for a permit hereunder
shall be accompanied by certificates of insurance, in a form approved
by the Village Clerk and issued by an insurance company authorized
to do business within the state, evidencing the existence of the following
insurance coverage:
(a)
Comprehensive general liability insurance including
the Village of Plandome Heights as an additional insured, providing
such minimum limits of coverage for personal injury and property damage
as are acceptable to the Village Clerk.
(b)
Worker's compensation insurance.
(c)
New York State disability benefits insurance.
(2) All evidence of insurance shall provide a 30-day notice
of cancellation or change of coverage to be furnished to the Village
of Plandome Heights.
(3) In the event that any applicant is a self-insurer,
information regarding its insurance program shall be submitted to
the Village. The applicant will be advised of any additional requirements
of the Village as determined by the Board of Trustees in accepting
such self-insurance program.
C. Notice to public utilities. No work shall be commenced
under any permit granted pursuant to this section unless and until
such notice as shall be directed by the Village Clerk shall have been
given to public service corporations or utilities having lines, mains
or other property in the streets for the protection of their property.
D. Protective barriers and lighting required. All excavations
in streets or sidewalks shall be surrounded by suitable barriers or
guards for the protection of persons using the streets in the daytime
and, in addition thereto, by lights or flares from twilight continuously
until daylight. Such barriers and lights shall conform in kind and
numbers to the requirements of the Village Clerk. Failure to provide
barriers and lights conforming to the requirements of the Village
Clerk shall be prima facie evidence of a failure to provide suitable
barriers and lights.
E. Backfilling, restoration and maintenance. Upon completion,
all excavations shall be backfilled properly, and all streets, highways
and sidewalks restored to Village specifications, and a written notice
thereof given to the Village Clerk. All excavations and restorations
shall be maintained for 12 months after such notice of completion
has been given.
F. Responsibility for backfilling openings and restorations
of streets and sidewalks. If any person to whom a permit to open a
street, highway, sidewalk or public place in the Village of Plandome
Heights shall fail, neglect or refuse promptly to backfill or cause
any such opening to be backfilled and covered with pavement and restored
to its original condition, such opening may be backfilled, covered
with pavement and restored to its original condition by the Village
of Plandome Heights, and such person shall pay for such backfill,
pavement and restoration, and the Village Clerk may deduct the amount
of money necessary to discharge said payment from any moneys deposited
by the applicant with the Village Clerk. If moneys on deposit are
not sufficient, the Village may pursue such other remedies as are
provided by law. Without limiting the foregoing, if such person owns
real property within the Village, the Board of Trustees may assess
the expense thereof upon such real property and the charge therefor
shall constitute a lien and charge upon such real property until paid
or otherwise satisfied or discharged, and same shall be collected
by the Village Treasurer in the manner provided by law for the collection
of delinquent taxes.
G. Bond in lieu of security deposit. The Village Clerk
may, in his or her discretion, in lieu of requiring a deposit of money
from the applicant, condition the issuance of any such permit provided
for herein upon the making of a bond, made by the applicant as principal,
with the surety or insurance company, duly authorized and licensed
to do business in the State of New York, as surety, in such amount
as the Village Clerk may direct, that the applicant will save and
hold harmless, and will indemnify, the Village of Plandome Heights
from any liability for any and all injury, loss or damage to person
or property either of the Village of Plandome Heights or others, resulting
from any cause, by any act or omission of the applicant, his agents,
servants, employees, nominees or any contractor employed by the applicant
or the agents, servants, employees, or nominees of such contractor.
In the event that any such permit is renewed for an additional period
or periods, the said bond must be extended for such renewal period.
H. This §
110-10 shall apply to all applicants for permits hereunder, whether persons, unincorporated associations, partnerships, private corporations, public agencies, public utilities, municipal corporation and other types of instrumentality or organization.
No person shall place on any curb, gutter, flagstone,
tree, lamppost, telegraph or telephone pole, barrel, box or hydrant
in any street or public place, any handbill, poster, notice, sign
or advertisement, except for official Village notices.
[Amended 5-3-2004 by L.L. No. 1-2004]
On any corner lot no wall, fence or other structure
shall be erected or altered, and no hedge, tree, shrub or other growth
shall be planted or maintained so as to obscure the view of pedestrians
or create a dangerous traffic hazard. For the purpose of this chapter,
a traffic hazard is deemed to be created by any fence, wall or other
structure, or any tree, hedge, shrub or any other growth planted on
or maintained on premises located at roadway intersections.
[Amended 4-2-1979 by L.L. No. 5-1979]
Except for open fires used for preparing food
for human beings, and the smoking of cigarettes, cigars or pipes,
provided that such fires do not create a nuisance, no person shall
burn, or cause or permit to be burned in the open, any matter, including
but not limited to trash, rubbish, leaves, garbage, grass, refuse,
trees, automobiles, rubber, railroad ties, materials resulting from
the demolition, wrecking or construction of buildings, materials for
salvage purposes or other waste, so as to cause the emission of an
air contaminant into the atmosphere of the Village.
[Amended 5-3-2004 by L.L. No. 1-2004]
Any person found guilty of a violation of this chapter shall be punishable as set forth in Chapter
1, General Provisions, Article
III, General Penalty.