[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:
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]
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.
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.
[Added 9-10-1984 by L.L. No. 3-1984]
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.
[Added 7-1-1991 by L.L. No. 10-1991]
E.
All
premises within the Village of Russell Gardens, whether improved or
vacant, shall be maintained as follows:
[Added 11-2-2000 by L.L. No. 6-2000]
(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:
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.
[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.
