[HISTORY: Adopted by the Board of Trustees of the Village of Russell Gardens 4-29-1932 by Ord. No. 2; amended in its entirety 6-26-1979 by L.L. No. 9-1979. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
GRAFFITI
Any writing, painting, drawing, staining, carving, etching or other marking, by means of chalk, paint, broad-tipped pen, aerosol spray can or any other marking device or material, of any word, name, lettering, inscription, figure, design or other representation on any wall or other place on a public or private building or structure without the consent of the owner. For the purposes of this definition, signs authorized under this Code are excluded.
[Added 5-6-2004 by L.L. No. 2-2004]
LITTER
Garbage, rubbish and refuse and all other waste material of any kind which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare or creates unsightliness.
[Amended 9-10-1984 by L.L. No. 3-1984; 7-1-1991 by L.L. No. 10-1991; 11-2-2000 by L.L. No. 6-2000; 9-7-2023 by L.L. No. 2-2023]
A. 
The owner, lessee or person in control of any property shall at all times maintain the premises free of litter; provided, however, that this provision shall not prohibit the storage of such materials for collection in proper containers, to be disposed of and/or carted away as promptly as reasonably possible.
B. 
No litter of any kind shall be kept, stored or exposed on the outside of any property so as to be visible from any side of said property, except for the purpose of being carted away as provided in the preceding subsection.
C. 
No owner, lessee or person in control of any property shall cause, suffer, allow or permit any leaves, grass shavings, weeds, brush or other lawn, tree or shrub debris to be placed in the public streets or highways of the Village or accumulated on the property of such owner, lessee or person in control, and any such aforesaid debris that shall be accumulated for disposal shall be placed in bags or other containers for such removal. Nothing herein contained shall be construed to permit the placement of any such bags or containers on any public street or highway pending collection.
D. 
No person shall throw, deposit, dump or distribute litter in or upon any public or private property, street, sidewalk, vehicle or other public place within the Village except in public receptacles or in authorized private receptacles or in authorized private receptacles for collection.
E. 
All premises within the Village of Russell Gardens, whether improved or vacant, shall be maintained as follows:
(1) 
Surface or subsurface water shall be drained to protect buildings and structures and to prevent the development of stagnant ponds.
(2) 
All exterior surfaces of buildings or structures, including windows and doors, shall be repaired, coated, treated, painted or sealed to protect them from deterioration and weathering.
(3) 
Materials which have been damaged or show evidence of dry rot or deterioration shall be repainted, repaired or replaced and refinished in a workmanlike manner.
(4) 
The foundation walls of every building shall be maintained in good repair and shall be structurally sound.
(5) 
No property shall fall into a state of disrepair so as to produce a detrimental impact upon the neighborhood. Examples of disrepair include, but are not limited to:
(a) 
Deterioration of exterior walls or finish or other vertical supports.
(b) 
Deterioration of roofs or horizontal members.
(c) 
Deterioration of exterior chimneys.
(d) 
Deterioration or crumbling of exterior stucco or masonry.
(e) 
Deterioration of windows and doors.
F. 
The owner, lessee or person in control of any property shall maintain the landscaping in the front yard of their property on a regular basis. Grass and brush shall be trimmed and cut to a height not to exceed six inches. Vegetable gardens are not permitted in a front yard or side yard and shall only be maintained in a rear yard. All other landscaping must be cultivated and manicured to preserve and promote the character and appearance of the Village.
No person, corporation or association who is the owner, lessee or occupant of real property in the Village of Russell Gardens shall cause, suffer, allow or permit any dried grass, weeds or brush or any waste, rags, boxes, barrels or other flammable or combustible waste materials of any kind to accumulate or remain on the premises under the control or care of such owner, lessee or occupant or cause the same to be placed upon any other premises so as to be likely to cause or communicate fires to neighboring or adjoining properties.
Any owner, lessee or occupant of real property upon which there may be litter, as defined herein, or dried grass, weeds or brush, or refuse, boxes, barrels, excelsior, shavings or similar flammable or combustible articles, substances or waste materials of any kind likely to catch fire and thereby cause loss or damage, shall forthwith clear the premises of all such material.
The Village Clerk of the Village of Russell Gardens shall serve a notice, in writing, either personally or by mail, on any owner, lessee or occupant of real property in the Village to remove and destroy all litter and flammable or combustible waste materials, growths or accumulations of refuse or rubbish thereon likely to cause or spread fires or disease. A person so served who, for five days after service, shall neglect or fail to comply with any such notice shall be deemed to have violated this chapter.
[Added 12-4-1990 by L.L. No. 2-1990[1]]
If the owner, lessee or occupant fails to comply with the written notice issued pursuant to § 36-5, the Village of Russell Gardens shall have the power to clear the premises of all materials described in § 36-4 and assess the cost against the owner, lessee or occupant, and such cost shall automatically become a lien against the premises, bearing interest at the highest rate permitted by law, calculated from the date that said amount became due and owing to the Village of Russell Gardens. The Village Clerk, without further notification to the owner of the premises, shall make a notation of the lien in a docket maintained for that purpose and shall also make a notation of the existence of the lien in all Village files relating to the premises.
[1]
Editor's Note: This local law also provided for the renumbering of former § 36-6 as § 36-7.
[Added 5-6-2004 by L.L. No. 2-2004[1]]
It shall be the responsibility of every owner and occupant of any building or structure which has been defaced with graffiti to cause the graffiti to be removed or covered over and the surface area restored within 10 business days of the defacement or notification by the Village of said defacement. Such responsibility for the removal or covering of graffiti shall lie notwithstanding that the owner or occupant may not have created the graffiti.
[1]
Editor's Note: This local law also renumbered former § 36-7, Penalties for offenses as § 36-8.
Any person committing an offense against any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions. Article III, Penalties.