[HISTORY: Adopted by the Board of Trustees
of the Village of Nassau 6-12-2002 by L.L. No. 1-2002; amended in its entirety 1-9-2019 by L.L. No. 4-2019. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Law
of the Village of Nassau."
A.
The Village Board of the Village of Nassau hereby finds that the
outdoor storage, accumulation, deposit or placement of rubbish, debris,
or solid waste upon private property threatens the health, safety
and welfare of city/Village residents. Outdoor storage, accumulation,
deposit or placement of such items creates a significant fire hazard,
endangers the environment and groundwater, leads to infestation by
insects, vermin or rodents, depreciates property values, and has a
deteriorating and blighting effect upon the neighborhood and community.
It is also the purpose of this chapter to provide for the proper maintenance
of improved residential, commercial, and industrial properties to
prevent blight, unhealthy, hazardous, or unsightly conditions due
to the accumulation of brush, grass, weeds, garbage or rubbish in
order to protect the public health, safety and general welfare of
the residents of this Village.
B.
The Village Board hereby determines that the outdoor storage, accumulation,
deposit or placement of abandoned, junked, rubbish, debris, or solid
waste upon private property constitutes a public nuisance. By this
chapter, the Village seeks to remove such threats to health, life
and property by requiring owners to take remedial action to cut, trim
or remove brush, grass, weeds and rubbish.
A.
DEBRIS
GARBAGE
RUBBISH
SOLID WASTE
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures,
property or roads as well as materials consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal
and storm-related cleanup. Such materials include but are not limited
to bricks, concrete and other masonry materials, soil, rock, wood,
wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation,
roofing shingles, asphaltic pavement, glass, window frames, electrical
wiring and components, plastics, carpeting, foam padding, linoleum,
metals, or any combination thereof which are incidental to construction,
excavation, renovation, equipment, remodeling, repair or demolition.
Includes all putrescible animal and vegetable waste resulting
from growing, processing, marketing and preparation of food items,
including the container in which packaged.
Includes all discarded or worthless nonputrescible solid
waste consisting of both combustible and noncombustible wastes, including
but not limited to paper and paper products, rags, wrappings, cigarettes,
cardboard, tin cans, yard clippings, wood, glass, metals, plastics,
tires, bedding, cloth, crockery, furniture, appliances and similar
items.
Includes all putrescible and nonputrescible materials and
substances discarded or rejected as having served their original intended
use or as being spent, useless, worthless or in excess to the owner
at the time of such discard or rejection, including but not limited
to household and commercial garbage, industrial waste, rubbish, debris,
litter, and ashes.
B.
All other terms as used in this chapter shall have their common and
ordinary meaning.
A.
No person, as owner, occupant, lessee or agent, or in any capacity
shall store, deposit, place, maintain or cause or permit to be stored,
deposited, placed or maintained outdoors any solid waste, rubbish
or debris upon any private property within the Village nor shall there
be any storing or placing of junked motor vehicles, discarded metal
or machinery, or construction debris placed upon any private property
within the Village. This section shall not apply to any solid waste,
rubbish or debris temporarily stored or placed in a container for
collection or disposal.
B.
It shall be unlawful for any person having control or ownership in
any improved residential, commercial, or industrial lot or property
in the Village to permit or maintain on any such lot or land any growth
of weeds, grass or other rank vegetation to a greater height than
10 inches on the average or to permit accumulation of dead weeds,
grass or brush.
C.
Violation of this section is punishable by a fine of up to $250 and/or
up to 15 days in jail. Each day a violation continues constitutes
a separate offense.
It shall be the duty of any person having control or ownership
in any improved residential, commercial, or industrial lot or property
in the Village to:
A.
Maintain the lot in a clean and sanitary condition and not permit
the accumulation of rubbish;
B.
Cut and remove, or to cause to be cut and removed, all such weeds,
grass or other rank, poisonous or harmful vegetation as often as may
be necessary to comply with the provisions of this chapter;
C.
Repair siding that is severely damaged or missing in a total area
comprising 25% of the structure or more;
D.
Repair missing, severely chipped, or seriously deteriorated exterior
paint, siding, or other finishes comprising 25% of the structure or
more;
E.
Replace or repair broken, unsecured or in-disrepair fencing;
F.
Ameliorate the presence of vermin, rodent harborage and infestation.
Whenever it shall appear that the provisions of this chapter
are violated, the Code Enforcement Officer or any such officer or
employee authorized by the Village to have jurisdiction thereof shall
make an inspection of the property involved and shall prepare a written
report of the conditions found, which report shall be filed with the
Village Board.
A.
If conditions existing on the inspected property violate the provisions
of this chapter, the Code Enforcement Officer or other designated
officer or employee shall serve or cause to be served a written notice
of violation, either personally or by certified mail, upon the owner
or owner's agent, as well as upon the lessee or occupant of said
premises.
B.
Said notice shall contain substantially the following: the name of
the owner, lessee or occupant of the premises; the address or location
of the premises; the identification of the premises as the same appears
on the current assessment roll; a statement of the conditions on the
property deemed upon inspection to be in violation of this chapter;
demand that the solid waste, rubbish or debris determined to be in
violation of this chapter be removed from the property on or before
10 days after the service or mailing of such notice; a statement that
a failure or refusal to comply with the provisions of this chapter
and the notice given pursuant thereto within the time specified may
result in a duly authorized officer, agent or employee of the Village
entering upon the property and removing such solid waste, rubbish
or debris and causing the same to be disposed of or otherwise destroyed;
and that all costs and expense of such enforcement, including removal
and disposal or destruction, shall be assessed against the described
property and shall be a lien thereon to be collected as provided by
law.
C.
Should the owner fail to comply with such notice, the Village Board
shall set a public hearing within 35 days, and the Code Enforcement
Officer shall cause to be served a second notice. Said notice shall
also contain the date, time, and location at which the Village Board
will conduct a public hearing to determine whether the conditions
upon the subject property constitute a public nuisance. It shall also
provide that if the owner fails to abate the issues, the Village or
the Village's contractor may undertake or cause to be undertaken
the required work and the Village shall assess a lien against the
property for the cost of the work, together with an additional administrative
fee of 15% for costs of inspection and other incidental costs associated
with abating the condition, to be added to the total costs of the
work. Said notice shall state that the property owner, his/her agent,
lessee or occupant is entitled to be heard at such hearing and present
evidence or testimony. The date of such public hearing shall be published
in a paper of record in the Village at least five days prior to the
date of the public hearing. The notice shall also be sent to the landowner
and landowners that are adjacent to and within 200 feet of the subject
property.
D.
Nothing contained herein shall require notice as a prerequisite to
the issuance of a summons or appearance ticket for a violation of
any of the provisions of this chapter.
On or before the date of the public hearing and prior to commencement
of the public hearing, the Code Enforcement Officer or other duly
authorized officer or employee shall conduct a second inspection of
the property and file a written report of the conditions deemed in
violation of this chapter found thereon with the Village Board. Such
inspection shall be conducted as close to the date of the public hearing
as practicable.
At the close of the public hearing, the Village Board may determine
that the conditions upon the subject property which violate this chapter
constitute a public nuisance. Upon a determination by the Village
Board that conditions upon the property constitute a public nuisance,
the Village Board is empowered to authorize officers, agents or employees
of the Village to enter onto the property to remove any solid waste,
rubbish or debris stored, deposited, placed or maintained in violation
of this chapter and dispose of or otherwise destroy same. Any cost
and expenses incurred by the Village when acting pursuant to this
chapter to abate a public nuisance shall be assessed against the property
involved and shall constitute a lien thereon to be collected as provided
by law.
A.
Nothing in this chapter shall prohibit a municipality from entering
onto private property to remove any solid waste, rubbish or debris
whenever there exists an imminent threat to the life or safety of
persons. Municipal authority pursuant to this section may only be
exercised where there is a dire necessity to protect life and safety.
Any municipal action taken pursuant to this section must be reasonably
calculated to alleviate or prevent the crisis condition and must be
limited to those actions necessary to eliminate the emergency situation.
B.
A property owner shall be given notice and an opportunity to be heard
prior to any costs and expenses incurred pursuant to this section
being placed on the property's tax bill.
Should the Village take action to remediate the issues and incur costs as per § 87-9 or 87-10, the Village shall give notice to the Tax Collector's Office specifying the total cost of the work, together with the administrative fee of 15%, and the property affected by section, block and lot numbers as the same appear on the Official Tax Assessment Map of the Village of Nassau. From the hour of filing of said notice, the charges specified shall be a lien upon the property affected thereby. A copy of said notice shall also be served on the owner as provided for in this chapter.
Nothing contained in this chapter shall prevent the Village from seeking judicial or equitable relief to abate violations of this chapter, including, without limitation, causing the issuance of an appearance ticket for a violation of § 87-4 hereof.
This chapter shall not apply to any junkyard as defined in the
Village Code.
If any clause, sentence, subdivision, paragraph, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
