[HISTORY: Adopted by the Board of Trustees of the Village of Greenport
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Water in a swimming pool, pond or other body of water donating bacterial
growth, algae, remains of insects or deceased animals, reptiles, rubbish,
refuse, debris, papers or any other foreign material constituting an unhealthy,
unsafe or unsightly condition.
Any lot or lots and the buildings or structures located thereon.
The owner of the premises where a public nuisance is located, as
indicated on the last available tax assessment roll.
Unused or discarded matter having little or no substantial market
value, including but not limited to rubble, asphalt, concrete and building
material, plaster, tile, rocks, bricks, soil, crates, cartons, containers,
boxes, machinery, or parts thereof, scrap metal, furniture, inoperative vehicles,
vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles
and barrels.
Buildings and structures which are partially constructed when the
building permit for such construction has expired.
No person shall create, maintain or allow any nuisance as declared in
this chapter to remain on any premises within the village.
The following are declared public nuisances:
A.
Buildings or structures which are abandoned, partially
destroyed or in a state of partial construction.
B.
Buildings or structures that have dry rot or warped materials,
are infested with termites, or the paint is cracked, peeled or blistered,
rendering the building unsightly.
C.
Exterior walls, fences, driveways or sidewalks in a condition
of deterioration or disrepair which are defective or unsightly.
D.
Broken windows, damaged doors or gates which constitute
a health or safety hazard or which act as an invitation to trespassers, vagrants,
wild or domestic animals or minor children.
E.
Parking or storing construction equipment, machinery
or building materials in a residential zone, except during excavation, construction
or demolition operations conducted pursuant to a building or grading permit.
F.
Land graded which causes or may cause eroding, subsidence
or surface water or drainage problems and is injurious or potentially injurious
to adjacent properties and the public health, safety and welfare.
G.
Any excavation, pit, well or hole maintained in a manner
that is dangerous to life or limb.
H.
Any accumulation of dust, sand, gravel, refuse and waste
matter or discarded materials that endangers public health and safety.
J.
Any swimming pool, spa pond, foundation or other body
of water which is abandoned, unattended, unfiltered or not otherwise maintained
resulting in polluted water.
K.
Premises so maintained as to cause the accumulation of
polluted or stagnant water from any source which may cause a hazardous or
unhealthy condition, breeding area for insects or erosion of foundation walls
or soil.
L.
The use of any spray paint, dye, chalk or similar substance
to mark or deface any building, structure, hillside, rock(s), storm channel
or any other surface open to public view, which is commonly known as "graffiti."
M.
Violation of any of the zoning or sign ordinances of
the village or any of the uniform codes adopted by the village including the
Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings,
Plumbing Code, Electrical Code, Mechanical Code, Swimming Pool Code, Health
Code, and Uniform Housing Code.
N.
Maintenance of property so out of harmony or conformity
with the maintenance standards of adjacent properties, which causes a substantial
diminution in the enjoyment, use or value of adjacent properties.
O.
Outdoor burning of any material or structure unless authorized
by the Village Fire Department or authorized representative by issuance of
a permit.
P.
Permitting any abandoned, unattended or discarded icebox,
refrigerator, freezer or other similar container with an airtight door or
lid that cannot be readily released from the inside to remain unattended inside
or outside any building or structure with door not removed.
Q.
Stockpiling fill dirt or other material.
R.
Maintenance of grounds, landscape, shrubs, plants or
vegetation visible from the public right-of-way which causes a substantial
diminution in the enjoyment, use or value of adjacent properties.
S.
Allowing the following to exist on property:
(1)
Lumber, junk, refuse and waste matter or abandoned, discarded
or unused objects or equipment such as furniture, appliances and play equipment,
which is visible from the public right-of-way.
(2)
Attractive nuisances, such as abandoned or broken equipment
and machinery, hazardous pools and excavations.
(3)
Clotheslines located in front yards or side yards of
corner lots, clothes hung to dry on walls, fences, trees, buses or inside
open garages or carports which can be observed from the public right-of-way.
(4)
Materials stored on rooftops which are visible from the
public right-of-way.
(5)
Trash containers or plastic bags causing offensive odors
or a breeding place for flies.
(6)
Gasoline, oil, grease, water or other materials flowing
on to a right-of-way or an accumulation of refuse, waste, grease and oil on
any surface, including but not limited to surfaces such as improved or unimproved
ground, rights-of-way, buildings, structures, walls or fences.
(7)
Any tree, shrubbery or plant growing onto or over the
public right-of-way which impairs pedestrian or vehicular traffic or prevents
drivers from clearly observing safety signs and signals.
(8)
Dead, decayed, diseased or hazardous trees, hedges, weeds,
shrubs and overgrown vegetation likely to harbor rats or vermin or constitute
an unsightly appearance or fire hazard.
U.
Dumping or placing any rocks or dirt upon private property
without the consent of the state or local agency retaining jurisdiction over
such highway or property.
V.
Repairing, storing or otherwise working on any motor
vehicle or parts thereof not belonging to the person residing on the premises
in any residential area within the village, unless:
W.
Parking a vehicle in public view when a failure to maintain
its exterior causes such vehicle to constitute an eyesore. Vehicles shall
be deemed unsightly when body parts rust or become corroded, paint becomes
faded, chipped or peeled or the vehicle exterior becomes otherwise dilapidated.
X.
Sanding or painting a vehicle anywhere in a residential
zone.
Y.
Failure to obscure vehicles and equipment which are stored
in a residential zone out of public view.
Z.
Storage of any item in a residential zone in a manner
which endangers public health and safety.
AA.
Any offensive or unwholesome business or establishment
operated in a manner dangerous to the public health, safety and welfare.
BB.
Those offenses declared a nuisance anywhere in the Code
of the village or the statutes of the State of New York or known at common
law as nuisances when the same exist within the jurisdiction of the village.
A.
Authorized representative. The Mayor and the Building
Inspector or their representative(s) are authorized to make inspections and
take such actions as may be required by this chapter to provide for the abatement
of public nuisances.
B.
Right of entry. Whenever there is reasonable cause to
believe that a condition, activity or use of property exists which constitutes
a public nuisance, the Mayor or Building Inspector or their representative(s)
may enter the premises at a reasonable time for the purpose of inspection.
If such premises is occupied, entry shall be requested and proper credentials
shall be presented. If such premises is unoccupied, a reasonable effort shall
be made to locate the property owner. If entry is refused or if the property
owner cannot be located after a reasonable time, a twenty-four-hour written
notice of intent to inspect shall be left at the premises. The notice shall
state that the property owner has the right to refuse entry, and if such entry
is refused, the village may seek assistance from a court of competent jurisdiction
to obtain entry to inspect the premises.
A.
Dangerous buildings. The Uniform Code for the Abatement
of Dangerous Buildings shall apply and preempt the provisions of this chapter
whenever the public nuisance to be abated constitutes a dangerous building
as defined in the Uniform Code for the Abatement of Dangerous Buildings.
B.
Notice of public nuisance. Upon determination that a
public nuisance exists, a notice shall be issued to the property owner. The
notice shall read "Notice of Public Nuisance," in letters not less than one
(1) inch in height. The notice shall direct abatement of the nuisance, identify
the nuisance by referring to this chapter, and contain a general description
of the property sufficient to identify the location of the public nuisance.
C.
Service of notice. The notice of public nuisance may
be served by one (1) of the following methods:
D.
Time to abate. Public nuisances shall be abated by the
property owner no more than twenty-one (21) days from the date of personal
service or mailing the notice of public nuisance, or, if a public nuisance
constitutes an immediate fire hazard, within five (5) days of personal service
or mailing the notice of public nuisance.
E.
Summary abatement. Whenever a public nuisance exists
which constitutes an emergency presenting imminent danger to life or serious
injury to persons or property, an authorized representative of the village
may, without notice or judicial action, order the immediate abatement of the
public nuisance.
F.
Appeal procedure. Within ten (10) days from the date
of personal service or mailing the notice of public nuisance, the property
owner may appeal the determination that a public nuisance exists to the Planning
Board. The appeal shall be in writing and filed with the Village Clerk. At
a regular meeting not more than thirty (30) days thereafter, the Planning
Board shall proceed to hear and pass upon the appeal. The Planning Board's
decision may be appealed within ten (10) days of the decision by written request
to the Village Clerk. The Village Board of Trustees shall hear the appeal
at a regular meeting not more than thirty (30) days from the date of request.
G.
Failure to abate. If a public nuisance is not voluntarily
abated after notification, the following shall apply:
(1)
Prosecution. Failure to abate shall constitute an infraction
of this chapter, which provides for prosecution as misdemeanor upon committing
three (3) infractions.
(2)
Village to abate. The village may cause the public nuisance
to be abated. The manner of abatement and costs incurred by the village to
abate the public nuisance shall be reported to the Village Board of Trustees
by the Building Inspector immediately following abatement.
(3)
Judicial action. The village may commence a civil action
in a court of competent jurisdiction to cause abatement of the public nuisance.
Reasonable attorney's fees and costs may be collected from the property owner
by the village in any action to abate a public nuisance.
A.
Responsibility for costs. If the village abates a public nuisance pursuant to § 90-5, the cost of abatement may be assessed as a lien against the property together with an additional twenty-five percent (25%) of the cost of abatement for inspection and any administrative and incidental costs incurred by the village to abate the public nuisance.
B.
Hearing on assessment. To determine if the cost of abatement shall be assessed as a lien against the property, a hearing shall be held by the Village Board of Trustees. The Village Clerk shall schedule the hearing for the first regular meeting that is held at least seven (7) days following the filing of the Building Inspector's report on the costs and manner of abating the public nuisance pursuant to § 90-5. The property owner shall be served notice advising him or her of the date, time and location of the hearing in accordance with § 90-5 of this chapter. A property owner may pay the assessment to the Village Clerk prior to the hearing to avoid a lien being placed against the property. The Village Board of Trustees shall consider any objections to the assessment at the hearing. If the Village Board of Trustees determines that the cost of abatement shall be assessed as a lien against the property, a resolution shall be adopted by the Village Board of Trustees stating the amount of the assessment. The Village Clerk shall prepare and file a certified copy of the resolution with appropriate authority.
C.
Assessment and collection. Government Code Section _______
is incorporated by reference as it currently exists and may be subsequently
amended. Section ________ provides that the assessment shall be collected
at the same time and in the same manner as ordinary municipal taxes are collected.
If payment is delinquent, the assessment shall be subject to the same penalties
and procedure and sale as provided for ordinary municipal taxes.
The following is a fine schedule for this chapter:
