Village of Old Westbury, NY Chapter 132 Lot Maintenance

[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 6-19-1978 by L.L. No. 3-1978,[1] as Ch. 1, Art. XIX, of the General Ordinances; amended in its entirety 5-15-2017 by L.L. No. 3-2017. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Garbage, rubbish and refuse — See Ch. 118.

Landscaping — See Ch. 128.

Nuisances — See Ch. 139.

Damage to property — See Ch. 157.

Trees — See Ch. 196.

Visual obstructions — See Ch. 207.

[1] Editor's Note: This local law repealed former Ch. 1, Art. XIX, of the General Ordinances, adopted 10-4-1937.

§ 132-1 Care of vegetation; removal of refuse; stacking materials in front yard prohibited.

A. Every owner or occupant of land within the limits of the Village shall cut, trim or remove unsightly brush, grass, rubbish or noxious and other rank growths, weeds growing or existing, and fallen trees, limbs and stumps on such land or shall cause such grass, brush, rubbish and weeds, fallen trees, limbs and stumps to be cut, trimmed or removed and to keep such land substantially free from the presence thereon of growing weeds, brush or rubbish, fallen trees, limbs and stumps.

B. That portion of the public right-of-way not covered by pavement or a similar surface and located between the portion of the right-of-way used for vehicular traffic and the boundary line of said right-of-way shall be maintained by the adjoining property owner in the same manner as set forth in § 132-1A.

C. The stacking of materials, including, but not limited to, fire wood shall be prohibited in the front yard of any property within the Village. Any and all materials, including, but not limited to, fire wood may be stacked neatly in the rear or side yard of any property within the Village whereby such materials shall not be visible from any public right-of-way and may not be located within 25 feet of either the rear or side property lines.

§ 132-2 Maintenance of fences.

It shall be unlawful for the owner or occupant of any lot or parcel of land within the Incorporated Village of Old Westbury to cause or to permit the existence of a fence upon such lot or parcel where:

A. The fence is so structurally unstable as to cause physical danger to persons or to property;

B. The fence is in such a state of physical deterioration as to be dilapidated; or

C. The fence is broken or otherwise damaged in any respects.

§ 132-3 Violations; remedies by the Village.

A. When there is violation of § 132-1 or § 132-2, the Superintendent of Public Works or his designated representative shall be authorized to issue an appearance ticket returnable in Village Justice Court to be issued to the owner of the property as indicated on the then-current Village tax roll or the person in control of the property. The appearance ticket shall include such information as set forth in the New York State Criminal Procedure Law.

B. In addition to the issuance of an appearance ticket returnable in the Village Justice Court, the Village's Superintendent of Public Works or his designated representative may cause a separate notice of violation to be issued to the owner of the property as indicated on the then-current Village Tax Roll or the person in control of the property. This notice shall:

(1) Inform said owner or person in control of the property that there is a violation of § 132-1 or § 132-2;

(2) Specify the reason or reasons for such violation;

(3) Inform said owner or person in control of the property that should he disagree with the conclusion of the Superintendent of Public Works or his authorized representative as to the violation, he shall have seven days from receipt of the notice to request a hearing on the matter before the Village of Board of Trustees;

(4) Inform said owner or person in control of the property that if he fails to cure the violation within seven days of the receipt of the notice, the Village shall either perform the work required to cure the violation or, in the case of an illegal fence, cure the violation or remove the fence. In any event, the curing of the violation shall be the sole expense of the owners of the property as indicated on the then-current Village tax rolls or person in control of the property. The issuance of the notice to perform corrective work shall be an additional remedy available to the Village, and shall not preclude the prosecution of the appearance ticket in Village Justice Court.

C. When the Village cures the violation, as set forth in § 132-3B of this chapter, the costs attendant to such curing shall be assessed against the realty involved. These costs shall constitute a lien and charge against that realty and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes.

D. Any notice required pursuant to this section shall be given as follows:

(1) By personal delivery to the person to be served;

(2) By delivery to a person of suitable age and discretion at the dwelling place of the person to be served; or

(3) By registered mail, return receipt requested, at the last known dwelling place of the person to be served.

§ 132-4 Penalties for offenses.

Each and every violation of any provision of this chapter or of any of the rules and regulations promulgated hereunder shall be punishable by a fine of not less than $1,500 and no more than $10,000.