[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success 6-23-1965 as Chapter IV of the Revised General Ordinances. Amendments noted where applicable.]
No person conducting or maintaining a place of worship, theatre, opera house, music hall, moving picture house, meeting or lodge room or any place of amusement or assembly shall allow or cause to allow any seats, chairs or other obstructions to be placed or permit any person or persons to stand or to be seated in the aisles or doorways thereof.
No person shall set fire to or burn or cause to be burned any rubbish, building materials, wastepaper, leaves or garden refuse, or other materials, in open fires or in closed receptacles, in any area, public or private, within the confines of the Village of Lake Success. This section, however, shall not be deemed to prohibit the burning of fuel of any nature in indoor or outdoor heating or cooking apparatus. No person shall start or maintain a fire of any type, either open or in a receptacle, on any public pavement within the village.
Every owner of any house, store or building, and every person owning or being entitled to possession of any vacant lot or unimproved property shall, at all times, keep the premises owned or occupied by them, or to which they are entitled to possession and use, free from accumulations of trash, garbage, refuse, rubbish or other debris.
Upon notice of a violation of the foregoing, the owner of the property upon which the violation exists shall have five days from the date of service of such notice within which to comply, otherwise the Board of Trustees may rectify the condition and assess the costs for removing the condition and violation against said owner, agent or occupant. Such cost shall be a lien against the property and shall be collectible in the same manner as taxes levied and assessed against the property.
Every owner of any premises, improved or unimproved, in the village shall keep all garbage thereon in a metal or other watertight container or containers, each with a tight-fitting cover which shall be kept on at all times, such container or containers to be of such size as to be easily handled manually, the container and contents thereof not to exceed 100 pounds in weight, and of such number as to receive the garbage accumulation of three days from each such premise, and shall place or cause to be placed such container or containers, for the purpose of having their contents removed, so as not to be conspicuous from the street.
As used in this section, the following terms shall have the meanings indicated:
- Includes all putrescible kitchen waste and other household waste, including cans, bottles, paper, rags, excelsior, cardboard, fireplace or furnace ashes, dirt and dust.
- REFUSE OR RUBBISH
- Includes all leaves, grass and plant clippings, weeds, branches, limbs, wood, metal, baled paper and any other discarded nonputrescible materials of any character whatsoever.
The owner or occupant of every residence in the village shall keep separate from their garbage all matter defined as "refuse" or "rubbish." All such refuse shall be placed in containers, each of which, when loaded, shall weigh not more than 75 pounds, or tied in compact bundles, each of which shall weigh not more than 50 pounds. All newspapers to be discarded shall be tied in bundles and placed at the curb for pickup on the dates scheduled by the contractor authorized to collect garbage and refuse in the village.
[Amended 8-15-1977 by L.L. No. 3-1977]
When any garbage or refuse container is placed on the outside of any premises, it shall be unlawful for any person engaged in the removal of same or for any other person to remove the cover from such garbage container, except for the purpose of emptying its contents into a duly authorized garbage wagon or truck or other receptacle used for the collection of garbage, or to damage it in any way so as to make it leak or to bend it or its cover as to prevent said garbage container from being tightly covered, and all persons engaged in the removal of garbage shall, after emptying said container, replace the cover tightly on such container and return to its proper place on the premises.
The provisions of this section shall apply to all public and private buildings as well as all places of business, hotels, restaurants and other premises, whether used for business, boarding or residential purposes.
For the purpose of enforcing this section, any person living on any premises shall be deemed an occupant, and any person receiving the rent, in whole or in part, of any premises shall be deemed an agent; on any premises where construction or any kind is in progress or in any business building employing persons therein and where employees or workmen eat any meals in or about such premises, the contractor or foreman or employer or other person in charge of such workmen and/or the person in charge of any restaurant, hotel or business premises shall be deemed an occupant.
It shall be unlawful for any person, other than the contractor authorized to collect garbage and refuse in the village, to pick from or remove the contents of any garbage or refuse containers as provided in this section or to remove or disturb any bundles of newspaper placed at the curb.
[Amended 8-15-1977 by L.L. No. 3-1977]
No person shall swim, wade or otherwise bathe in any public body of water that has not been approved for such purpose by the Board of Health of the County of Nassau and a permit issued therefor.
Editor's Note: Original Section 6, Private Swimming Pools, which immediately followed this section, was repealed 2-7-1972.
No private sewage disposal facilities, such as cesspools and septic tanks, may be constructed or replaced in the village if public sanitary sewers are available within the distance specified by the New York State Plumbing Code.
No private sewage disposal facilities may be constructed or replaced in the village without having obtained a permit therefor from the Village Plumbing Inspector, and all such work shall be done only in accordance with applicable village, county and state ordinances and codes and with such specific terms and conditions as may be set forth in said permit.
[Added 2-9-1998 by L.L. No. 1-1998]
Title. This section shall be known and may be cited and referred to as the "House Numbering Ordinance of the Village of Lake Success."
Purpose. The purpose of these regulations is to require the clear display of authorized and assigned house or building numbers on every building fronting on any street in the village in order to assist the general public and emergency services, public and private, in identifying any property in case of emergency or otherwise.
Applicability. All residential, commercial, industrial or other structures erected or to be erected within the village shall display identification numbers as provided herein and in accordance with specifications provided herein.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- The principal building or buildings on each lot, excluding any minor building or accessory structures.
Determination and assignment of building numbers. Building numbers shall be determined and assigned by the Village Building Inspector. The owner of any structure requiring a house number for which structure such a number has not been assigned as of the effective date of this section will be notified by the village when such number is assigned to said structure.
Display required. It shall be the duty of every owner of a building in the village to cause to be displayed thereon the street number of said building and at all times to maintain such number in compliance with the provisions of this section.
Size and display of numbers.
The Arabic numerals comprising the number to be displayed on a building shall be at least three inches in height and shall be placed on the front of said building in a prominent and conspicuous place and in such manner as to be plainly legible and visible, including being appropriately lit between sunset and sunrise, from the center of the street at all times. The color of said figures shall be in sharp contrast to the color of their background. The "front" of a building shall be construed as that side of the building which faces the street, and the requisite number or numbers shall be displayed on the side of such building or premises which faces the street.
[Amended 8-11-2008 by L.L. No. 2-2008]
The numbers shall be so placed that they will not be obstructed by trees, shrubbery, porches or other extensions of the building.
Said number shall be placed near some light or source of illumination so that it may be readily seen at night.
Where the building upon which the number is to be displayed is more than 75 feet from the edge of the right-of-way, whether improved or not, of the street or road serving the building, the number shall, in addition to the other requirements of this chapter, be displayed in a manner readily visible from the road or street and in no event further back than 25 feet from said road or street right-of-way. Numbers may be displayed upon a post, rod or other type of fixture of substantial nature or a mailbox at or near the frontage, and so located as to ensure that the number is conspicuous and visible from the street in accordance with Subsection (1) above.
Certificates of occupancy. Any structure erected, repaired, altered or modified after the effective date of this section shall have the certificate of occupancy withheld until it is assigned a house number and said number is affixed to said structure in accordance with this section.
Designation of numbers; review of determination.
The Building Inspector shall designate separate numbers for buildings which have no designated street number, and he or she shall also have the authority to redesignate numbers for buildings when deemed necessary.
Any property owner aggrieved by the determination of the Building Inspector may seek review of that determination by the Mayor upon a written submission to the Mayor setting forth the reasons for seeking such review. The Mayor shall be authorized to confirm or modify or change the determination of the Building Inspector in the exercise of his or her reasonable discretion, and such determination shall be final and binding.
Procedure on noncompliance.
Noncompliance deemed a violation. Any person, corporation, partnership or other entity owning a building within the village refusing or neglecting, for 60 days after notice from the Building Inspector, to place the proper designated number on said building shall be deemed in violation of this section.
Service of notice. The notice provided for Subsection (1) may be given by personal service or by mailing a copy thereof to the last known address of the owner.
Numbering of building by village. In the event of the neglect or refusal of any owner, after notice, to cause said building to be properly numbered, the Village Building Inspector may cause said building to be properly numbered.
Report; assessment of costs. The Building Inspector shall report the cost of numbering said building to the Board of Trustees, and such Board shall order the Village Clerk to assess the cost of the same upon such premises, and the Village Clerk shall include the same in the next assessment roll.
[Added 11-10-2014 by L.L. No. 2-2014]
A request to renumber an existing building shall be submitted to the Building Inspector who will review and forward such request to the Board of Trustees.
The Board of Trustees, in its sole discretion and without a public hearing, shall approve or disapprove the request. As part of its consideration of the request, the Board of Trustees may solicit the advice and comments of the Building Inspector, Police Chief and other public officials. The decision of the Board of Trustees shall be final and unappealable.
The owner shall send notice of the request to renumber its building to owners of properties abutting and directly across the street from the building, by certified mail, return receipt requested, at least 14 days prior to the Board of Trustees meeting at which' the request will be heard. Proof of mailing shall be submitted to the Village Administrator no less than seven days prior to the meeting. All persons shall have an opportunity to be heard regarding the request at the meeting.
The requested number must be in sequential order and remain odd or even consistent with the existing numbering system.
The requested number shall not include a prefix or suffix of a letter or fraction.
In the event that the Board of Trustees approves the requested number, the Village will advise all appropriate agencies of such change.
The owner of the building to which the requested number has been assigned shall be responsible for notifying the global positioning system of the number change.
Prior to the number change, the owner of the building shall execute and deliver to the Building Inspector a notarized form prepared by the Village indemnifying and holding the Village harmless from all liability and responsibility related to the number change.
A request to renumber an existing building shall be accompanied by a fee established by a Board of Trustees resolution set forth in the Village Schedule of Fees.
[Amended 4-16-1979 by L.L. No. 1-1979; 3-4-1985 by L.L. No. 1-1985; 4-14-1993 by L.L. No. 3-1993]
An offense of the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable, upon conviction thereof, by a fine of not more than $1,000 or by imprisonment for not more than 15 days, or both.