[Adopted 1-5-1976 by L.L.
No. 1-1976 (Ch. 123 of the 1976 Code); amended in
its entirety 9-23-2004 by L.L.
No. 12-2004]
The following conditions are hereby declared to be nuisances
per se, and the maintenance of such nuisances is hereby prohibited
within the Village of Monticello, New York:
A.
Whatever is dangerous to human life or health.
B.
Whatever building or structure or part or cellar thereof is overcrowded
or not provided with adequate means of egress or is not sufficiently
supported, ventilated, sewered, drained, lighted or cleaned.
C.
Whatever renders soil, air, water or food impure or unwholesome.
D.
Slaughterhouses, privies, hogpens, accumulations of dung or manure,
carcasses, swill, brine, urine of animals or any stinking, noxious,
offensive, foul or filthy liquids or other matters or conditions.
E.
Discarded material of any kind or rubbish or refuse.
F.
Accumulations of brush, tree stumps or other vegetative wastes or
rubble or construction wastes.
G.
Growths of weeds or other noxious vegetation or any growths of grass
above six inches in height.
H.
Ponds or pools of stagnant water.
I.
Pits, holes, excavations, uncovered wells or other declivities of
land which are unsightly or are liable to cause injury to persons
falling therein or therefrom.
J.
Barbed wire or electrified fences.
In case of a violation of any provision of § 200-13, the owner of property whereon the violation occurs is deemed to consent to the right of entry by the Village officials for the sole purpose of correcting such violation.
This article shall be administered and enforced by the Code
Enforcement Office of the Village of Monticello and the Police Department
of the Village of Monticello as set forth below:
A.
Upon the determination of the Department of Public Works or the Code Enforcement Official and/or Enforcement Officer that a violation exists pursuant to the provisions of § 200-13 hereof, and should the owner or occupant of any lot, tract or parcel of land in the Village of Monticello, New York, fail, refuse or neglect to remove said nuisance, such owner, if the real estate is unoccupied, or such owner and occupant, if the real estate is occupied, shall be served with a three-day notice, in writing, directing such owner and/or occupant, as the case may be, to abate the nuisance existing on the real estate, as provided in Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello.
[Amended 6-18-2007 by L.L. No. 13-2007]
B.
In addition to any other penalty provided under the law for noncompliance with § 200-13, the Code Enforcement Official and/or Enforcement Officer or Police Department of the Village of Monticello may issue an appearance ticket, returnable to the Village Justice at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged ordinance violation, date and time and a description of the noncompliance involved, a copy of which shall be forwarded to the Justice and shall be accompanied by an information form detailing the violation.
[Amended 6-18-2007 by L.L. No. 13-2007]
C.
The imposition of any penalty for any offense committed against the
provisions of this article shall not affect the power of the Board
of Trustees to require the abatement of the nuisances enumerated herein
within such time as the Board shall fix, nor prevent, in the event
of neglect or refusal by any person to comply with any or all of the
provisions of such an order, entry by the Board of Trustees or its
designees upon the premises affected by such nuisances, the removal
of such nuisances by the Village or its agents and the assessment
of all costs of such removal, including legal fees, costs and disbursements,
against the real property affected.
D.
Service upon the owner and/or occupant of the three-day notice hereinbefore provided for shall be either by personal service or by mailing the notice to the addressee's last-known address as the same appears on the records of the Village of Monticello, New York, in accordance with Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello. In the event that the lot, tract or parcel of land is unoccupied and the address of the owner is unknown, service of the notice shall be made upon the owner by posting the same on such lot, tract or parcel of land.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello. Nothing contained in this article shall prevent the Village of Monticello from seeking judicial or equitable relief to abate violations of this article. 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 article.
