[HISTORY: Adopted by the Board of Trustees of the Village of Warwick 8-9-1971.
Section 102-2 added and §§ 102-1, 102-3, 102-4 and 102-6 amended
during codification; see Ch. 1, General Provisions, Article II. Other amendments
noted where applicable.]
[Amended 6-14-1976 by Art. XVIII of L.L.
No. 7-1976]
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants of the village and the safeguarding
of their material rights against unwarranted invasion and, in addition, such
environment is deemed essential to the maintenance and continued development
of the economy of the village and general welfare of its citizens. It is further
declared that the unrestrained accumulation of rubbish, brush, grass, weeds,
debris, inoperative or abandoned vehicles and machinery and equipment or parts
thereof, and the failure to remove rubbish, brush, grass, weeds, debris, inoperative
or abandoned vehicles and machinery and equipment or parts thereof from real
property, is a hazard to such health, safety and welfare of the citizens of
the village necessitating the regulation, restraint and elimination thereof.
[Added 6-14-1976 by Art. XVIII of L.L.
No. 7-1976]
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor
and vehicle which:
Is parked without the current year's registration or identification
markers as required by law.
Has been continuously parked in any public street or any public land
for a period of 10 days, or on private land for a period of 30 days, and:
Is either so disabled as to constitute an obstruction to traffic and
the driver or person owning or in charge thereof neglects or refuses to move
the same to a place where it will not obstruct traffic; or
Is found to be mechanically inoperative and is allowed to remain inoperative
on public land for a period of 10 days or on private land for 30 days. Said
period of time may be extended, for good cause, by the Police Department;
or
Is no longer in actual use as a vehicle or which is wholly unfit, without
rebuilding or reconditioning, for use in highway transportation, or which
has been discarded for use as a vehicle or otherwise abandoned.
Any combination of mechanical, electrical, electromechanical or other
means or elements to a given end or for a particular purpose, including vehicles,
farm implements, industrial equipment and any or all parts for "machinery"
or "equipment."
The actual cost incurred by the village for the repair, maintenance
or removal, plus a mobilization charge of $150 for the first such incident
during any twelve-month period, $200 for the second such incident during a
twelve-month period measured from the first incident, $300 for the third such
incident and $500 for the fourth and each succeeding incident. This is in
addition to any other fee authorized by this chapter.
[Added 7-3-2000 by L.L. No. 10-2000]
[Amended 6-14-1976 by L.L. No. 7-1976]
An inspection and written report shall be made by the Superintendent
of Buildings or Building Inspector, to the Board of Trustees, of land where
rubbish, brush, grass, weeds, debris, inoperative or abandoned vehicles and
machinery and equipment or parts thereof should be removed.
[Amended 6-14-1976 by L.L. No. 7-1976]
A.
Should the report of the Superintendent of Buildings
or Building Inspector indicate that the rubbish, brush, grass, weeds, debris,
inoperative or abandoned vehicles and machinery and equipment or parts thereof
constitutes a fire or health hazard, a notice on behalf of said village shall
be served upon the owner of said land, as the name appears on the last completed
assessment roll of said village, in the same manner as a summons is required
to be served in a civil action.
B.
The notice shall require the owner to remove, from the
land owned by the owner, rubbish, brush, grass, weeds, debris, inoperative
or abandoned vehicles and machinery and equipment or parts thereof on such
land within 10 days from the date of service thereof.
C.
Said notice shall further provide that, in the event
of said owner's failure to so remove, the village, upon such default,
shall cause such rubbish, brush, grass, weeds, debris, inoperative or abandoned
vehicles and machinery and equipment or parts thereof to be removed, and the
total expense of such removal shall be assessed by the Board of Trustees on
real property upon which such rubbish, grass, weeds, debris, inoperative or
abandoned vehicles and machinery and equipment or parts thereof was found,
and the expense so assessed shall constitute a lien and charge upon the real
property upon which it is levied until paid or otherwise satisfied and discharged.
The lien shall be collected in the same manner and at the same time as other
village charges are collected.
D.
If the owner of said land is a nonresident, the notice
to so remove such rubbish, brush, grass, weeds, debris, inoperative or abandoned
vehicles and machinery and equipment or parts thereof mailed to such owner,
addressed to his last known address as set forth in the latest village assessment
roll, shall be sufficient service thereof.
The provisions of this chapter shall not apply within the property lines
of any lands or highway easements owned by another municipal corporation or
political subdivision of the state.
[Amended 6-14-1976 by L.L. No. 7-1976]
In the event the owner of said land fails to comply with said notice
and the village causes such rubbish, brush, grass, weeds, debris, inoperative
or abandoned vehicles and machinery and equipment or parts thereof to be removed,
the total expenses of such removal shall be assessed by the Board of Trustees
upon the real property on which such rubbish, brush, grass, weeds, debris,
inoperative or abandoned vehicles and machinery and equipment or parts thereof
was found, 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. The lien shall be collected in the same manner and at the same
time as other village charges.
[Added 3-12-1984 by L.L. No. 1-1984]
Any person committing an offense against any provision of this chapter shall, in addition to the assessment as provided in § 102-6 above, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
