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Village of Lattingtown, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Lattingtown; amended by L.L. No. 1-1998 (Art. 6 of the 1998 General Ordinance Compilation). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 100.
Solid waste — See Ch. 247.
Dumping in or near waterways — See Ch. 302.
As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
Includes but is not limited to waste from the preparation, cooking and consumption of food, metal, glass, plastic and paper containers for food and household products; paper, cartons, rags, dead animals, putrescible substances, manure and similar disposable items.
RUBBISH
Dry combustible or noncombustible materials which shall include but are not limited to ashes, magazines, books, newspapers, clothing, wooden crates and pieces of metal, junk, discarded furniture, rugs and carpets.
TRASH
Includes but is not limited to building materials, concrete, fill, inoperable or wrecked automobiles, automobile parts, plumbing fixtures and household, appliances.
No person shall throw, place, litter, deposit or dump or suffer or permit any servant, agent, employee, or person in his charge to throw, place, litter, deposit or dump any garbage, rubbish or trash of any kind on the surface of any street, public grounds or private property in the Village for the purpose of abandonment or otherwise, except when such garbage, rubbish or trash is placed on the street in a proper container for normal garbage collection.
A. 
The owner of any private property in the Village shall at all times maintain said premises free of garbage, rubbish and trash;
B. 
Except that this section shall not prohibit:
(1) 
The temporary storage of:
(a) 
Garbage, rubbish and trash in authorized private receptacles for collection; and
(b) 
Trash in connection with bona fide land clearing and building activity pursuant to an issued building permit; or
(2) 
The maintaining of a wood pile; or
(3) 
The making and retaining of a compost heap and mulching areas for normal gardening purposes in accordance with customary gardening practices.
A. 
Notice to remove. The Building Inspector of the Village is hereby authorized and empowered to notify, in writing, the owner of any private property in the Village to properly dispose of any garbage, rubbish or trash located on such owner's property. Such notice shall be served personally upon, or be sent by certified mail, return receipt requested, addressed to said owner at his last known address.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any such owner, so notified, to properly dispose of such garbage, rubbish or trash within 20 days after receipt of written notice provided for in Subsection A above, or within 25 days after the date of such notice in the event the same is returned to the Village by the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, the Building Inspector of the Village is hereby authorized and empowered to pay for the disposing of such garbage, rubbish and trash or to order its disposal by the Village.
C. 
Charge included in tax bill. When the Village has effected the removal of such garbage, rubbish and trash from such private property or has paid for its removal, the actual cost of such removal plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be assessed against such property, which assessment shall be included in the next succeeding annual bill for Village taxes for such property and shall become a lien thereon when such taxes become a lien.
[Added 4-17-2013 by L.L. No. 3-2013]
A. 
A violation of any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 for each and every offense.
B. 
Each day an offense continues shall be deemed a separate offense.