[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 3-5-1956. Amendments noted where applicable.]
No owner or occupant of any lot, plot or parcel
of land in the Incorporated Village of Roslyn Estates shall cause
or commit or permit any public nuisance, dangerous condition or accumulation
of trash or refuse or, through any act or neglect, create a condition
which constitutes a public nuisance or which endangers or tends to
endanger the property, safety or health of any inhabitants of the
Village, or which creates an unsightly condition either on such lot,
plot or parcel of land or between the same and the adjoining street;
and whenever any of said above situations shall exist, and written
complaint by anyone thereof be made to the Mayor of the Village, he
shall forthwith investigate and may cause a notice to be prepared
by the Clerk and served upon the owner or the occupant of the premises
on which said above condition exists, by registered mail at his last
known address, requiring him or her to abate, discontinue, restore
or clean up the same, as the case may be, within 10 days after receipt
of such notice and, in the case of the failure of the owner or the
occupant of such premises to comply with such notice or requirement
within the time therein mentioned, said condition may be abated, discontinued,
restored or cleared up by the Incorporated Village of Roslyn Estates
at the expense and charge of such owner or occupant, such expense
to be certified by the Mayor and to be either collected by suit in
the name of the Village if not paid to the Village Treasurer within
five days after demand thereof or, at the option of the Mayor, said
expense may be added to the current tax bill of said owner of the
real property in question.
[Added 10-19-2015 by L.L.
No. 4-2015[1]]
A.
DUMPSTER
GARBAGE COLLECTION RECEPTACLE
LARGE STORAGE CONTAINER
Definitions. For purposes hereof, the following terms shall have
the following meanings:
Any container larger than a garbage collection receptacle,
made of any type of material or substance, used or able to be used
in the ordinary course of demolition or construction of buildings
and structures, or portions thereof, or property maintenance, for
the purpose of storing, containing and/or transporting garbage and
debris generated by such demolition or construction or property maintenance.
Any container able to be carried by not more than two people,
by hand without tools or machines, and customarily used for the deposit
of garbage and refuse generated in the ordinary course by a single-family
residential household, for regular collection by garbage or sanitation
carting services provided by the Village to its residents.
Any container larger than a garbage collection receptacle,
made of any type of material or substance, used or able to be used
for the purpose of storing, containing and/or transporting property
or materials other than garbage and debris, including, without limitation,
self-storage containers provided for residential and other use by
vendors of moving and storage services, to store furniture, fixtures
and personal property while residential renovations are being undertaken;
provided, however, that mobile storage units designed to be moved
by not more than two people, by hand, without use of machines, such
as storage containers intended to be affixed to automobiles, sports
utility vehicles, and other noncommercial motor vehicles, shall not
be deemed "large storage containers."
B.
Permit required for dumpsters for storage and/or transport of debris
and large storage containers for storage and/or transport of other
materials and substances.
(1)
Permit required.
(a)
No person shall place, maintain or use one or more dumpsters
or large storage containers on any property within the Village without
having first obtained a written permit issued by the Village Clerk
authorizing same; provided, however, that no permit shall be required
for any dumpster or large storage container being used in connection
with an ongoing construction or renovation project with respect to
which a building permit has been duly issued by the Village while
such permit remains in effect.
(b)
Each application for permit hereunder shall be in writing, signed
by the applicant, on a form prescribed by the Village Clerk, which
shall set forth the purpose and the period during which the dumpster
or large storage container is proposed to remain on the applicant's
property.
(c)
Each permit issued hereunder shall be in writing and signed
by the Village Clerk. The Village Clerk shall issue such permit if
the applicant has demonstrated to the reasonable satisfaction of the
Village Clerk that such dumpster or storage container is reasonably
required by the applicant for a lawful purpose and that the proposed
use and location thereof will not constitute a traffic or safety hazard,
or materially adversely impact the health, safety or welfare of any
Village resident.
(d)
No permit shall be issued until all fees applicable thereto,
as required by resolution duly adopted by the Board of Trustees from
time to time, are paid to the Village.
(e)
No permit shall be issued if:
[1]
The Building Inspector has determined that a violation of any
provision of the Village Code exists on or at the subject property,
or a summons or appearance ticket has been issued with regard to an
alleged violation of any provision of the Village Code on or at any
other property owned by the Owner or the applicant within the Village;
or
[2]
Any fees, deposits or other sums of money are due to the Village
with regard to the subject property.
(f)
Each permit issued hereunder shall set forth the period of time
for which same shall be permitted. Each such permit shall also contain
such other conditions as the Village Clerk deems necessary or appropriate
with respect to the issuance thereof in order to protect the health,
safety and welfare of the Village and its residents.
(2)
Use and maintenance regulations.
(a)
No dumpster or large storage container shall be located, maintained
or transported in any manner that will, or is likely to, cause its
contents to spill upon public or private property in any manner whatsoever,
or in any manner that violates any condition imposed under the permit
issued by the Village Clerk with respect thereto.
(b)
No permit for a dumpster shall be issued for a period longer
than three months. No permit for a large storage container shall be
issued for a period longer than two months. Notwithstanding the foregoing,
the Village Clerk may grant an extension of not more than two months,
with respect to a dumpster, and not more than one month, with respect
to a large storage container, upon written application therefor by
the applicant, satisfying all conditions hereunder for issuance of
the original permit.
(3)
Violation.
(a)
Revocation of permit. Violation of any term or condition of
this section by the applicant, or any occupant of the property, or
any agent, employee, contractor or subcontractor of the applicant,
shall constitute basis for immediate revocation by the Village Clerk
of any permit issued hereunder. Any such revocation shall be in addition
to, and not in lieu of, any other penalties or remedies with respect
to such violation applicable under the Village Code or otherwise at
law.
(b)
Each and every day that a violation of this section continues
shall constitute a separate violation.
[Amended 11-1-1999 by L.L. No. 2-1999; 12-9-2013 by L.L. No.
7-2013]
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation, punishable
as follows: for a conviction of a first offense, by a fine of not
more than $250 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment; for a conviction of a second offense,
both of which were committed within a period of five years, by a fine
of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment; and for
a conviction of a third or subsequent offense, all of which were committed
within a period of five years, by a fine of not less than $500 nor
more than $1,000 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment. Each and every day that any such
violation or failure occurs or continues shall constitute a separate
violation.
