[HISTORY: Adopted by the Board of Trustees
of the Village of Lloyd Harbor as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-28-1983 by L.L. No. 2-1983]
As used in this article, the following terms
shall have the meanings indicated:
Includes, but is not limited to, waste from the preparation,
cooking and consumption of food; metal, glass, plastic and paper containers
for food and household products; paper, cartons, rags, dead animals,
putrescible substances, sewage and similar disposable items.
Dry combustible or noncombustible material which shall include,
but is not limited to, ashes, magazines, books, newspapers, handbills,
advertising circulars, clothing, wooden crates and pieces of metal,
junk, discarded furniture, rugs and carpets, inoperable or wrecked
machinery or motor vehicles, motor vehicles, more than two unregistered
vehicles not stored in a conforming building, motor vehicle parts,
plumbing fixtures and household appliances.
[Amended 11-21-1994 by L.L. No. 2-1994; 6-18-2012 by L.L. No. 2-2012]
Includes materials such as lumber, building material, concrete,
rocks, fill and excavated earth.
No person shall throw, place, litter, deposit
or dump or suffer or permit any servant, agent, employee or person
in his charge to throw, place, litter, deposit or dump any garbage,
rubbish or trash of any kind on the surface of any street, public
grounds or private property in the Village for the purpose of abandonment
or otherwise.
The owner of any private property in the Village
shall at all times maintain said premises free of garbage, rubbish
and trash, except that this section shall not prohibit the temporary
storage for a reasonable time of garbage and rubbish in authorized
private receptacles for collection and trash in connection with bona
fide land clearing and building activity for which appropriate permits
and approvals have been granted.
A.
Notice to remove. The Village shall notify, in writing,
the owner of any private property in the Village to properly dispose
of any garbage, rubbish or trash located on such owner's property.
Such notice shall be served personally upon or be sent by certified
mail, return receipt requested, and by regular mail to said owner
at his last known address or at the address of the owner as the same
appears on the Village tax roll for the property. Any existing accumulation
of garbage, rubbish or trash prohibited by this article, whether or
not existing prior to the enactment of this article, shall be removed
or properly disposed of within 15 days after the owner of the property
receives written notice to remove such material.
[Amended 11-21-1994 by L.L. No. 2-1994]
B.
Action upon noncompliance. The failure, neglect or refusal of any such owner so notified to properly remove or dispose of such garbage, rubbish or trash within the period provided for in Subsection A above shall constitute a violation of this article. If such failure, neglect or refusal is determined by the Village to create a potential health or safety hazard, the Village is hereby authorized and empowered to enter the property and take appropriate action for the removal or disposal of such garbage, rubbish or trash.
C.
Collection of cost of removal. If the Village has
effected the removal of such garbage, rubbish or trash from such private
property or has paid for its removal, the actual cost of such removal,
plus accrued interest at the rate of 12% per annum from the date of
the completion of the work, if not paid by such owner prior thereto,
shall be assessed against such property as a special assessment, which
special assessment shall become a lien thereon when such special assessment
is confirmed by resolution of the Board of Trustees. Such special
assessment shall be collected by the Village by commencement of a
proceeding in an appropriate court of law or as otherwise provided
by law.
