[Amended 3-2-1998 by L.L. No. 10-1998; 8-20-2007 by L.L. No.
9-2007]
All residential, commercial and industrial premises
within the Village of Lynbrook, whether improved or vacant, shall
be maintained by the owner and the occupant in conformity with the
provisions of this chapter so as to assure the desirable character
of the property and to protect the health, safety and welfare of the
residents of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
BUSINESS UNIT
A building or combination of buildings and the lot on which
same is located, used wholly or in part for commercial purposes, including
but not limited to offices, places of public assembly, shopping centers,
supermarkets, retail stores, warehouses, manufacturing or fabrication
plants, gasoline stations and other business uses.
CARBON MONOXIDE ALARM
A single- or multiple-station device that has a sensor capable
of detecting the presence of carbon monoxide and an alarm that sounds
when carbon monoxide is detected.
[Added 5-19-2014 by L.L. No. 9-2014]
CARBON MONOXIDE DETECTOR
A device that has a sensor capable of detecting the presence
of carbon monoxide and is connected to an alarm control unit that
sounds an alarm when carbon monoxide is detected.
[Added 5-19-2014 by L.L. No. 9-2014]
CARBON MONOXIDE SOURCE
Any appliance, equipment, device or system that may emit
carbon monoxide, including, but not limited to, fuel-fired furnaces,
fuel-fired boilers, space heaters with pilot lights or open flames,
kerosene heaters, wood stoves, fireplaces, and stoves, ovens, dryers,
water heaters and refrigerators that use gas or liquid fuel, garages
and other motor-vehicle-related occupancies.
[Added 5-19-2014 by L.L. No. 9-2014]
COURT
An open and unoccupied space on a lot and enclosed on at
least three sides by the walls of a building.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin or other pests.
JUNK
Worn-out metal, cloth or similar articles fit to be discarded
or serving no practical purpose.
[Added 3-2-1998 by L.L. No. 10-1998]
JUNKED VEHICLE
Any vehicle, including a trailer, which is without a currently
valid license plate or plates and is in either a rusted, wrecked,
discarded, dismantled, partly dismantled, inoperative or an abandoned
condition.
LITTER
Garbage, refuse, rubbish or junk as herein defined and all
other waste material which, if permitted or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
[Added 3-2-1998 by L.L. No. 10-1998]
LOT
Plot, tract, premises or parcel of land with or without buildings
or structures located thereon, as surveyed and apportioned for sale
or other purpose.
PUBLIC PLACE
Any commercial, business, entertainment or professional area
within a building usually open to, frequented by, or used by members
of the public.
[Added 5-19-2014 by L.L. No. 9-2014]
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles
and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
UNOCCUPIED HAZARD
Any building or part thereof which remains unoccupied for
a period of more than two years, with either doors, windows or other
openings broken, removed, boarded or sealed up, or any building under
construction upon which little or no construction work has been performed
for a period of more than two years.
YARD
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
The provisions of this chapter shall supplement
local laws, codes or regulations existing in the Village of Lynbrook
and the other statutes and regulations of municipal authorities having
jurisdiction applicable thereto. Where a provision of this chapter
is found to be in conflict with any provision of a local law, ordinance,
code or regulation, the provision or requirement which is more restrictive
or which establishes the higher standard shall prevail.
[Amended 6-12-1978 by L.L. No. 5-1978; 2-12-1981 by L.L. No. 16-1981; 8-23-1993 by L.L. No. 8-1993; 8-13-2012 by L.L. No. 8-2012; 7-15-2013 by L.L. No. 8-2013; 5-19-2014 by L.L. No.
9-2014]
A. Business units, as defined herein, shall at all times
be maintained in compliance with the provisions of this chapter regulating
open spaces, buildings or structures and littering.
B. No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time; and all
such garbage, crates, rubbish, refuse or debris shall be kept inside
the building or buildings on the premises or in an acceptable enclosure
and shall be regularly collected and removed from the premises.
C. No shopping baskets, carts or wagons shall be left
unattended or standing in open areas, and they shall be collected
at the close of business each day by the occupant of such unit and
removed to the interior of the building or buildings.
D. No mobile refrigeration unit shall be operated on
the premises after the closing of the business conducted thereon,
unless such mobile refrigeration unit is electrically operated.
E. Noise. No truck or other vehicle shall be loaded or
unloaded outside the confines of a building or buildings on the premises,
before 7:00 a.m. or after the business conducted on the premises has
been closed to the public, in such a manner as to cause unreasonable
or excessive noise or disturbance to the annoyance or disturbance
of more than one person at any of the nearby properties. No person
shall operate or permit to be operated a commercial, business or industrial
use that produces a sound level which causes excessive or unreasonable
noise which causes the annoyance or disturbance of more than one person
at any of the nearby properties.
F. All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance
shall include but not be limited to the replacement of trees and shrubs
which may die and/or otherwise be destroyed, the maintenance and cutting
of lawns and the replacement and/or repair of fences which may become
in disrepair.
G. All signs, lights and lighting systems shall be maintained
in a completely operable, good, clean and safe condition and free
from damage.
H. Within seven days after the original installation of a sign box or sign frame, and at all times thereafter, sign boxes and sign frames shall be maintained with either a sign for which a permit has been validly issued (subject to §
203-13 of the Code) or with one or more properly fitting inserts of plexiglass or such other material as is approved by the Superintendent of Buildings so as to completely cover the interior of the sign box or sign frame.
I. When a sign, sign box or sign frame is removed, all
damage to the building or surrounding area caused by the sign, sign
box or sign frame or by its removal shall be immediately repaired,
and any wall from which such sign, sign box or sign frame has been
removed shall be restored to the same condition and color as the rest
of the wall on which the removed sign, sign box or sign frame was
located.
J. No neon light or other gas-type illumination or illuminated
sign or exterior source of illumination, any of which are located
on a building any part of which is within 200 feet from the property
line of any property in a residential zoning district that is used
in whole or in part as a residence or dwelling, shall be illuminated
between the hours of 10:00 p.m. and 7:00 a.m. where such lighting
is visible from such residence or dwelling, except that:
(1) Such illuminated signs as are maintained in connection
with a business that is normally open earlier than 7:00 a.m. may be
lighted or illuminated earlier than 7:00 a.m. during regular hours
of business, which hours shall be conspicuously posted on the front
of the building.
(2) Such illuminated signs as are maintained in connection
with a business that is normally open later than 10:00 p.m. may be
lighted or illuminated until closing time during regular hours of
business, which hours shall be conspicuously posted on the front of
the building.
(3) Lighting for purposes of security shall be permitted,
which lighting shall be of the minimum area, brilliance, character,
degree, density and intensity necessary to provide for the security
of the property on which such lighting is located. Such lighting shall
be positioned so that the direct rays or beams therefrom are not cast
upon any property other than the lot upon which such illumination
is located, and between the hours of 10:00 p.m. and 7:00 a.m. such
lighting shall be of significantly less intensity than the lighting
or illumination during regular hours of business at that location.
K. Registration of businesses and multiple dwellings; registered agents.
(1) Legislative intent. The Board of Trustees hereby finds that serious difficulties are often encountered in attempting to communicate with the owners, operators and tenants of multiple dwellings and businesses in the Village of Lynbrook for the purpose of furnishing emergency fire, police and other municipal services and for the proper enforcement of laws and ordinances and that, in order to protect the public health, safety and welfare, the provisions of this Subsection
K are declared to be necessary.
(2) Owners and operators of multiple dwellings required to register.
(a)
Every person, firm or corporation who or which owns and operates
a multiple dwelling in the Village of Lynbrook shall file in the office
of the Superintendent of the Building Department, on prescribed forms,
a statement, in writing, containing the full names and apartment designations
of each and every tenant occupying an apartment or housing accommodation
on the premises owned, managed or controlled by such registrant. Said
list of tenants shall be dated and subscribed by the owner, officer
or managing agent and filed as required herein.
(b)
The owner or operator of a multiple dwelling shall file the statement as required in Subsection
K(2)(a) within 30 days after a new tenant takes possession of an apartment or housing accommodation in the multiple dwelling owned, managed or controlled by such owner or operator.
(3) Owners and operators of businesses required to register.
(a)
Every person, firm or corporation who or which is now engaged
in or carries on a business of any kind within the Village of Lynbrook
shall file in the office of the Superintendent of the Building Department
a statement, in writing, containing the full names and residence addresses
of the owner or owners, principal officers and managing agent of any
such firm or corporation. Said statement shall clearly identify the
business and briefly describe the nature of the business being carried
on by such person, firm or corporation, and it shall be dated and
subscribed by the owners, a principal officer or managing agent and
filed as required above.
(b)
Every person, firm or corporation who or which commences a business of any kind within the Village of Lynbrook shall file the statement required in Subsection
K(2)(a) within 30 days after commencing such business within the Village of Lynbrook.
(4) Penalties for offenses. Any person, firm or corporation violating any provision of this Subsection
K shall be fined not less than $25 nor more than $250 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(5) Resident agents to be designated for all buildings.
(a)
Every owner of a building located within the Village of Lynbrook
shall file:
[1]
In the office of the Village Clerk a statement or designation
signed and certified, setting forth the name and address by street
and number within the Village of Lynbrook, of an agent upon whom process
or notice may be served in any action or proceeding which may be commenced
or instituted against said owner. To qualify for such designation,
an agent shall be a natural person over 18 years of age and shall
reside within the Village of Lynbrook or regularly attend a business
office maintained within the Village. An owner or corporate officer
who meets such qualifications may be designated to serve and register
as the managing agent.
[2]
A designation, signed and verified, of the Village Clerk as
the agent upon whom process or notice against the owner may be served,
and the post office address to which the Village Clerk may mail a
copy of any process or notice against such owner theretofore served
upon the Village Clerk.
(b)
Whenever a process or notice is served upon the Village Clerk,
he shall promptly send a true copy of said process or notice by certified
mail addressed to the agent named in said designation at the address
therein set forth.
(6) Certificate of ownership to be part of designation. Attached to such
statement and designation there shall be a certificate properly executed
by the owner that he is the owner of the building with respect to
which such statement or designation is filed.
(7) Notices required to be posted. Every owner of a building located
within the Village of Lynbrook shall post, and keep posted, in a conspicuous
place in a main public area in said building a notice, at least six
inches by eight inches in size, setting forth:
(a)
The name, address and telephone number of the person, firm or
corporation responsible for the management of the building.
(b)
The name, address, apartment number and telephone number of
the residential superintendent of the building.
(c)
Whether the building is heated by gas, oil or electricity and,
if heated by oil, the name, address and telephone number of the supplier
thereof.
(8) Exceptions. The provisions of this Subsection
K shall not apply to owner-occupied one- and two-family dwellings located within the Village of Lynbrook.
(9) Method of filing; fee. The designation of resident agent and certificate
of ownership shall be filed on forms to be prescribed by the Building
Department and shall be accompanied by a filing fee. In the case of
an owner previously registered with the Department, the filing of
a supplemental certificate and designation shall be accompanied by
a filing fee. Filing fees shall be in such amounts as established
from time to time by resolution of the Village Board.
L. Shopping carts.
(1) The Village Board of the Village of Lynbrook hereby finds and declares
that the unlawful taking, the misuse and the abandonment of shopping
carts and similar conveyances is a threat to the protection and preservation
of the property of the Village and its inhabitants, constitutes a
hazard to the health, safety and general welfare of the populace of
the Village and adversely affects the legitimate conduct of trade
and business in the Village of Lynbrook and constitutes a nuisance
detrimental to the neighborhood and the community at large.
(2) Definitions and word usage.
(a)
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDON
The leaving, discarding, dumping or placing of personal property,
including shopping carts, in a public place.
PERSON
An individual, corporation, partnership, association, joint-stock
company, society or other legal entity.
PUBLIC PLACE
Every class of road, sidewalk, parking lot and other areas
publicly owned or operated, or privately owned and open to the use
of the public, or a segment thereof, excluding the interior of any
building where a shopping cart was obtained.
SHOPPING CART
Basket, container or other device made of wire, metal or
other material, mounted on wheels or hand-carried, manually or otherwise
operated, such as is generally provided by merchants for carrying
merchandise or foodstuffs to automobiles or other places.
VILLAGE
All areas within the Incorporated Village of Lynbrook.
(b)
Usage. Words used in the singular shall include the plural and
vice versa. The word "shall" is always mandatory.
(3) Abandoning shopping cads prohibited.
(a)
No person who obtains possession of a shopping cart from a food-dispensing
or other establishment or business may leave or abandon the shopping
cart in any public place, as defined herein, or on private property
other than the place of the person who makes the shopping cart available
to the public.
(b)
No person who makes available to the public, in connection with
the conduct of business or trade, any shopping cart shall leave it
or suffer or permit it to be left by himself, his agent or other person
to whom temporary possession has been permitted by said person upon
any street, sidewalk, parking field or other public place, as defined
herein, or on private property other than the place of the person
who makes the shopping carts available to the public.
(4) Identification markings required. Every person who, in connection
with the conduct of a food-dispensing or other establishment or business,
makes any cart available to the public shall mark or cause same to
be marked and identified conspicuously with his name and address and
the specific store location at which said cart is used. Such identification
shall be in the form of a metal tag securely fastened to the cart
or a stamping on the frame of the cart.
(5) Disposition of abandoned carts.
(a)
The Superintendent of Public Works of the Village or such other
person whom the Village Board by resolution may appoint shall remove
or cause to be removed, from time to time, any cart found in any public
place and shall take custody of same and shall hold it until redeemed,
sold or otherwise disposed of as hereinafter provided.
(b)
Whenever the Village shall remove any cart bearing identification
of ownership, the Superintendent of Public Works or such person whom
the Village Board by resolution may appoint shall mail a notice to
the owner at the address shown on the identification tag, cut or stamp.
Such notice shall advise that such cart or carts may be redeemed upon
payment of the sum of $10 for each cart so redeemed and shall set
forth the place for the redemption of such cart or carts or where
possession of same may be obtained. No cart shall be delivered to
a person seeking to redeem same unless proof is submitted establishing,
to the satisfaction of the Village, such person's ownership or
right to possession. Any delivery to a person apparently entitled
thereto shall be a good defense to the Village against any other person
claiming to be entitled thereto.
(c)
Penalties for offenses. Any person who shall violate any of the provisions of Subsection
L(3) shall, for each and every offense, be deemed guilty of a violation and shall, upon conviction thereof, be punishable by a fine not exceeding $250.
M. Carbon monoxide detectors. All existing indoor public places shall
have properly operational carbon monoxide detectors, either hard-wired
or plug-in type, installed at the premises. They shall be positioned
no further than 20 feet from all actual or potential sources of carbon
monoxide at the premises, and one floor directly above same, as applicable.
Carbon monoxide detectors and alarms must be installed in compliance
with manufacturers' specifications. All new construction shall
provide hard-wired carbon monoxide detectors, in compliance with the
above positioning requirements. The Building Department Superintendent
may adopt further regulations as he deems appropriate, in respect
to quality, and periodic maintenance and testing, to ensure effectiveness
of the equipment. These regulations will be made available to members
of the public at the offices of the Building Department. No carbon
monoxide detector shall be removed or disabled, except for service,
repair or replacement.
N. Clothing bins.
[Added 5-19-2014 by L.L. No. 10-2014]
(1) Legislative
intent. The Village Board has discerned that clothing bins located
off the premises of the owner thereof tend, in large measure, to become
an eyesore and a blight on the neighborhood due to disrepair, poor
maintenance, and, in particular, the lack of clothing removal resulting
in clothing or bags containing clothing or other items lying or strewn
about outside of the bins, all of which is detrimental to the health,
safety and welfare of the residents of the Village.
(2) Permit
and security deposit required.
(a)
An applicant desiring to place a clothing bin on any property,
other than its own, must apply for and obtain a permit therefor from
the Superintendent of the Department of Buildings.
(b)
Permit fee. A fee for the permit shall be in such sum as determined
by the Village Board which shall consider the expense to the Village
for the routine inspections of the subject bin and the relative costs
in administering this Code section.
(c)
Application.
[1]
The application shall set forth a rendering of the proposed
bin, including the placement of the name, address and phone number
of the applicant.
[2]
Agreement of landowner. The applicant shall submit with its
application for a permit a copy of an agreement by the owner of the
land upon which the subject bin is proposed to be placed. Applicants
shall also provide a survey or a diagram of the subject property showing
the precise location of the proposed bin.
[3]
Security deposit. A security deposit in such amount as determined by the Board of Trustees shall accompany the application for a permit. Said deposit shall be held by the Village to assure compliance with provisions of Subsection
C herein. The unused portion of the security deposit will be returned to the applicant upon the removal of the bin.
[4]
Prior to issuance of a permit, the Superintendent will submit
the application to the Architectural Review Board for review and determination.
The issuance of a permit is conditioned on the terms of the Board
approval, if any.
(3) General
provisions.
(a)
A clothing bin placed on another's land without a permit
will, after the Village has posted a conspicuously located notice
on the bin requiring removal within two days, be removed by the Village
and demolished or otherwise disposed of.
(b)
A clothing bin may not be placed in a designated parking space.
(c)
The individual or firm whose name appears on the clothing bin
shall regularly inspect the bin and its surrounding area. Clothing
or bags of clothing or other items placed outside the bin shall be
promptly removed, and the area around the bin shall be maintained
clean and litter-free. A violation of this provision will be noted
by the posting of a notice conspicuously placed on the bin ordering
that within five days the clothing or bag of clothing be removed from
the area and that debris or litter immediately surrounding the bin
be removed. The notice shall state that a failure to comply with its
order shall result in removal and demolition of the bin by the Village.
(4) This
section shall not apply to a clothing bin placed on the property of
the owner thereof.
[Added 11-2-2015 by L.L.
No. 8-2015]
A. Purpose and intent.
(1)
Purpose. The purpose of this section is to promote and protect
the property, property values and welfare of the residents of the
Village, and to protect the property and preserve the aesthetic qualities
of the environment of the Village.
(2)
Intent. It is the finding of the Board of Trustees that the
planting and/or the growing of bamboo, a plant not indigenous to the
Long Island region, has the capability to be destructive of the natural
environment, including Lynbrook's indigenous flora and of property
of both the Village and adjacent residences to the site of bamboo
growth. The Board also finds that the effects of the planting and
growing of bamboo will threaten the value and physical integrity of
both public and private property in the Village and that, therefore,
in order to protect and preserve said environment and said values,
it is necessary to regulate and prohibit the planting and/or growing
of bamboo within the Village.
B. General provisions.
(1)
Definitions. As used in this section, the following terms shall
have the meanings indicated:
BAMBOO
For purposes of this chapter, the term "bamboo" shall mean
running bamboo or invasive bamboo which, by its nature, has a leptomorph
rhizome (root) system which spreads perpendicular to the parent plant.
This definition also includes and relates to any type of "invasive
plant" listed in the United States Department of Agriculture, National
Agricultural Library.
BAMBOO PROPERTY OWNER
A property owner in the Village who has planted or grown
or permitted the growth of bamboo plants on such owner's property.
(2)
Presumptive evidence of bamboo growth. A finding of bamboo growing
upon an owner's property shall constitute presumptive evidence
that the growing of bamboo on such property shall have occurred with
the consent of the owner. This presumption may be rebutted if the
owner can provide satisfactory proof to the Superintendent of the
Department of Buildings that the bamboo encroached from an adjacent
property and that initial steps for the removal thereof have been
undertaken.
(3)
Prohibition. The planting or growing of bamboo is prohibited within the Village. A violation of this section shall be deemed a violation subject to the penalties set forth in §
185-7.1C herein.
(4)
Removal.
(a)
The Superintendent of the Department of Buildings shall, upon
a finding of bamboo growing upon an owner's property, serve notice
upon the property owner that said bamboo must be removed within 30
days and that a failure to remove such bamboo will result in the removal
thereof by the Village with the costs and expenses related thereto
assessed against the property and collected in the manner real property
taxes. Said notice shall be given i) by certified mail, return receipt
requested, ii) regular first-class mail sent to said owner's
last known address, and iii) by posting on the property owner's
premises.
(b)
The property owner may appeal within seven days of said notice
to the Village Board. The sole issue to be raised for consideration
will be whether or not bamboo or its roots exist upon the said property
or that removal work has been instituted as shown by documentary evidence.
The Village Board may give permission, in its sole discretion, for
said owner to raise other issues in the interest of justice.
(c)
In the event that the Village is compelled to undertake the
removal of the bamboo as aforesaid, the Village shall incur no liability
for damages to the property or other flora of the property owner by
reason of removal process. The costs of such removal shall be assessed
against the property and collected as property taxes.
C. Violations and penalties.
(1)
Violations. A violation of the provisions of this section shall
constitute a violation. Each day after service of a notice of violation
and order of removal shall constitute a separate violation.
(2)
Penalties.
(a)
A violation of this section shall be punishable by a fine not
to exceed $500 for each violation.
(b)
Should the Village be prevented from entering upon the property
owner's land to remove said bamboo after notice, the Village
may proceed with a civil action in the Nassau County Supreme Court
for injunction and related relief. The property owner shall be liable
for all court fees and attorney's fees related thereto.
An occupant of the premises shall be responsible
for compliance with this chapter in regard to the following:
A. Limiting the occupancy of that part of the premises
which he occupies or controls to the maximum permitted by the Village
Code.
B. Maintenance of that part of the premises which he
occupies or controls in clean, sanitary and safe condition, free of
litter, rubbish, refuse, garbage, junk and infestation.
[Amended 8-13-2012 by L.L. No. 8-2012]
C. Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls,
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
D. Keeping exits from his building clear and unencumbered.
E. Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner, in accordance with the provisions
of the Village.
F. Extermination of insects, rodents or other pests within
his premises.
G. Maintenance of yards, lawns and courts in a clean,
sanitary and safe condition and free from infestation and litter insofar
as said occupant occupies or controls said yards, lawns and courts
or any parts thereof.
[Amended 3-2-1998 by L.L. No. 10-1998]
H. The installation and removal of required screens.
I. Keeping his domestic animals and pets in an appropriate
manner and under control.
J. Elimination of all prohibited uses for that part of
the premises which he occupies, controls or has accessibility thereto.
K. Unregistered or inoperative motor vehicles. No yard
or premises shall be used:
[Added 8-14-2006 by L.L. No. 9-2006]
(1) For the outside storage of an inoperative or unregistered
vehicle except as otherwise specifically permitted by Code for purposes
of retail sale.
(2) For repairs, mechanical work or body work to an inoperative
or unregistered motor vehicle outside of enclosed buildings.
[Amended 3-2-1998 by L.L. No. 10-1998]
Immediately upon the Village's determination that any property is not being maintained in accordance with the standards established in this chapter, the owner or occupant responsible for such property, as provided above, shall be deemed to have committed an offense. Such owner or occupant shall be subject to the penalties and remedies provided for in §
185-12, notwithstanding any remedial action that may be taken by such owner or occupant subsequent to the village's determination to rectify the unsatisfactory condition.
[Amended 3-2-1998 by L.L. No. 10-1998]
A. Any person committing an offense under any provision
of this chapter shall, upon conviction, be guilty of a violation pursuant
to the Penal Law of the State of New York, 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 continuation of any offenses
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense.
B. Should the Superintendent of the Department of Buildings
or the Superintendent of the Department of Public Works find that
any violation of this chapter constitutes a hazard to the health,
safety, or welfare of any resident(s) of the Village:
[Amended 8-13-2012 by L.L. No. 8-2012]
(1) He
shall provide a notice to be served upon the owner and/or occupant
of the premises upon which the violation exists directing the removal
of the violation within five days, or, where, in the judgment of the
Superintendent, the hazard caused by the violation is substantial,
the time for removal may be set at two days.
(2) Said
written notice shall be deemed sufficient due process if it is posted
on the front door of the subject premises. Where the subject premises
is a vacant lot, such written notice shall be posted on the front
door of the business address or the home address of the owner of the
property.
(3) In
the event that the owner and/or the occupant of the subject premises
fails to remove or remedy said hazardous condition within said prescribed
time, the Village, through its Department of Public Works or an independent
contractor, may enter upon the subject premises and perform the work
deemed necessary to remove or remedy said hazardous condition.
[Added 7-15-2013 by L.L. No. 7-2013]
(4) Assessment
of costs. All costs and expenses incurred by the Village in connection
with the enforcement of the provisions of this chapter shall be assessed,
after written notice to the owner or occupant, by the Village, and
collected by the Village by:
[Added 7-15-2013 by L.L. No. 7-2013]
(a) Any legal proceeding available for collection of a debt; and/or
(b) As a lien against the subject property recoverable in the manner
fixed by law for the collection of real estate taxes.
(5) Appeals.
[Added 7-15-2013 by L.L. No. 7-2013]
(a) Said owner or occupant may file a written appeal to the Village Board from the assessment of the said costs within 10 days of the date of the notice prescribed in Subsection
B(4) above.
(b) Upon receipt by the Village Board of such appeal, the Mayor shall
appoint one Trustee as Hearing Officer to take evidence and to render
a report to the Village Board recommending either affirming or reversing
the determinations and actions of the Superintendent in incurring
such costs. The Village Board thereafter will decide the appeal by
reversing or affirming the determinations and actions of the Superintendent.
C. Judicial remedies. Where the Superintendent of the Department of Buildings or the Superintendent of the Department of Public Works finds that a public nuisance exists as a consequence of a violation of any provision of this chapter, he may, after the prescribed written notice as provided for in Subsection
B herein, through the Village Attorney, upon the authorization of the Board of Trustees, institute an action or proceeding in law or equity to restrain, abate or remove such violation.
[Amended 8-13-2012 by L.L. No. 8-2012]
D. Inspections.
[Added 8-14-2017 by L.L.
No. 2-2017]
(1) The
Superintendent of the Department of Buildings shall be responsible
for investigating and documenting violations of any case of violation
of this chapter within the Village.
(2) Where there is reasonable suspicion to believe that a violation of this chapter exists at a specific property, and where an authorized representative of the Department of Buildings, in the investigation of such suspected violation, has reasonable grounds for concluding that denial of entry upon the subject premises by either the owner or occupant thereof, the Superintendent may cause an application to be made to the Village Justice Court for an administrative search warrant pursuant to Chapter
59 of the Village Code for the inspection and photographing of the conditions found upon the subject property, and, should the Superintendent or his designee find that such violation exists, to take the necessary steps to cause the removal of such violation.
(3) The foregoing provision and the provisions of Chapter
59, Administrative Search Warrants, shall be deemed by their terms to have served notice upon all owners and occupants of real property in the Village to the effect that, should the landlord, owner or occupant of said property give reasonable grounds for the conclusion by the Superintendent or his designee that denial of permission for entry upon the property for the purposes of an inspection of said property, an administrative search warrant may be requested of the Village Justice Court for the purpose of performance of such administrative inspection.