[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.
A.
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.
B.
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.
A.
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.
B.
GARBAGE
REFUSE OR RUBBISH
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.
Includes all leaves, grass and plant clippings, weeds, branches,
limbs, wood, metal, baled paper and any other discarded nonputrescible
materials of any character whatsoever.
C.
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]
D.
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.
E.
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.
F.
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.
G.
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.[1]
[1]
Editor's Note: Original Section 6, Private
Swimming Pools, which immediately followed this section, was repealed
2-7-1972.
A.
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.[1]
B.
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[1]]
A.
Title. This section shall be known and may be cited
and referred to as the "House Numbering Ordinance of the Village of
Lake Success."
B.
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.
C.
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.
D.
BUILDING
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.
E.
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.
F.
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.
G.
Size and display of numbers.
(1)
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]
(2)
The numbers shall be so placed that they will not
be obstructed by trees, shrubbery, porches or other extensions of
the building.
(3)
Said number shall be placed near some light or source
of illumination so that it may be readily seen at night.
(4)
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.
H.
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.
I.
Designation of numbers; review of determination.
(1)
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.
(2)
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.
J.
Procedure on noncompliance.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
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.
B.
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.
C.
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.
D.
The requested number must be in sequential order and remain odd or
even consistent with the existing numbering system.
E.
The requested number shall not include a prefix or suffix of a letter
or fraction.
F.
In the event that the Board of Trustees approves the requested number,
the Village will advise all appropriate agencies of such change.
G.
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.
H.
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.
I.
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.