[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 2-1-1990
by L.L. No. 1-1990. Amendments noted where applicable.]
The Village Board of the Village of Islandia has found it necessary
for the health, safety and general welfare of the residents to see that the
lots within the village are properly maintained and free from fire and health
hazards and weeds. By reason of the restrictions herein contained, public
health, safety and welfare may be protected and fostered.
This chapter shall be known as the "Lot Maintenance Chapter of the Village
of Islandia."
As used in this chapter, the following terms shall have the meanings
indicated:
Includes, but shall not be limited to, weeds, brush, grass, rubbish
or poisonous shrubs or weeds.
Plot, tract or premises or parcel of land, with or without buildings
or structures located thereon, as surveyed and apportioned for sale or other
purpose.
Includes any person having individual or joint title to real property
all formed, defined as an estate or interest therein, whether legal or equitable
and however acquired.
Includes the natural person, corporation, copartnership, unincorporated
associations or any other organizations recognized as an entity by the laws
of the State of New York.
Includes ordinary household or store trash of a flammable character,
such as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags,
mattresses, blankets, rubber tires, lumber, brick, stone, other building materials
no longer intended or in condition for ordinary use and unregistered vehicles;
any and all tangible personal property no longer intended or in condition
for ordinary and customary use.
Includes all areas within the Village of Islandia.
[Amended 5-3-1990 by L.L. No. 5-1990; 12-1-1994
by L.L. No. 12-1994]
A.
The owner or occupant of any lot located within the Village
of Islandia shall be required to:
(1)
Cut, trim or remove brush, debris, waste materials, rubbish,
grass, weeds or the like or to spray poisonous shrubs or weeds growing or
located upon such land within the village other than land used for agricultural
purposes.
B.
The owner or occupant of any lot located within the Village
of Islandia shall cut any and all such grass, brush, poisonous shrubs, rubbish
or weeds which are in excess of six inches and/or other land growth located
upon such land. In addition, the owner or occupant who shall spray such poisonous
shrubs or weeds shall conform to generally accepted practice and shall conform
to federal, state and county rules and regulations.
C.
It shall be unlawful for an owner or occupant of any
lot located within the Village of Islandia to throw, distribute, deposit or
place leaves or other yard waste in or upon a public roadway within the Village
of Islandia or to allow leaves or yard waste to remain upon a public roadway
in front of the lot, except if placed within a proper bag, receptacle or container
for collection.
D.
The owner or occupant of any lot located anywhere within
the Village of Islandia upon which a fence is erected must maintain the fence
in good order and repair. If existence of such a fence is required by any
provision of the laws of the Village of Islandia or direction of the Village
Board of Trustees and if the fence is not in good order and repair, the owner
or occupant shall restore the fence to original condition. If the existence
of the fence is not so required, the owner or occupant shall either restore
the fence or remove it.
[Amended 5-3-1990 by L.L. No. 5-1990; 12-1-1994
by L.L. No. 12-1994]
If the owner or occupant of land in the village is a resident, notice to so cut, trim or remove such grass, rubbish, leaves or other yard waste, unregistered vehicles or weeds or to spray such poisonous shrubs or weeds or other materials shall be mailed to such owner at his post office address, as reflected on the village tax assessment rolls, 10 days prior to taking of action by the village authorities pursuant to § 113-6, and such notice shall be deemed sufficient. In the event that the owner of such lands is a nonresident of the village, then such notice shall be mailed to his last known address, as reflected on the village tax assessment rolls, 10 days prior to taking of any action by the village authorities pursuant to § 113-6.
[Amended 5-3-1990 by L.L. No. 5-1990; 11-1-1990
by L.L. No. 15-1990; 12-1-1994 by L.L.
No. 12-1994]
Should the owner and/or occupant default in complying with the provisions of § 113-5, the village may cause such grass, brush, rubbish, leaves or other yard waste, unregistered vehicles or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed. The total expenses of such cutting, trimming, removal or spraying and the cost of insurance indemnifying the village against any loss arising from injuries to persons or property as a result of such default on the part of the owner shall be assessed on the real property on which such brush, grass, rubbish, leaves or other yard waste, unregistered vehicles, weeds or poisonous shrubs or weeds were found or found in front of, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time of other village charges (or in the manner provided by law for the collection of village taxes.)
Any person who violates provisions of this chapter shall be subject
to a fine of not more than $250 or to imprisonment for a term not to exceed
15 days, or both. Each day of violation of this chapter that exists shall
constitute a separate violation of this chapter.
This chapter shall be enforced by any person who is authorized and delegated
by the Village of Islandia Board of Trustees to enforce the Code.
Where provision of this chapter is found to be in conflict with any
provisions of any other chapters, the provision which is more restrictive
or which establishes a higher standard shall prevail.
The invalidity of any word, section, clause, paragraph, sentence, part
or provision of this chapter shall not affect the validity of any other part
of this chapter which can be given effect without such invalid part or parts.
This chapter shall take effect immediately upon being filed in the office
of the Secretary of State.
