[HISTORY: Adopted by the Board of Trustees of the Village of Williston Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-22-1975 by L.L. No. 2-1975 as Ch. 73 of the 1975 Code]
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- The residue from the burning of wood, coal, coke or other combustible materials.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food and readily combustible material, such as paper, cardboard, wood, excelsior, cloth, food cans, glass food containers and bottles.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish and ashes.
- Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as yard clippings, metals, wood, glass, bedding, crockery, papers, cardboard and similar materials.
It shall be unlawful for the owner or occupant of any land in the village to maintain or permit to remain thereon any brush, grass, trees, weeds or refuse, garbage, ashes or rubbish which shall be unsightly or which may constitute a hazard to public health or safety.
It shall be the duty of the owner or occupant of any land in the village to cut, trim and/or remove from said land any such brush, grass, weeds, trees or refuse, garbage, ashes or rubbish.
Written notice. In case any owner or occupant of land in the village fails to comply with the provisions of § 168-3 of this article, the Supervisor of Sanitation or other enforcement officer designated by the Board of Trustees shall cause to be served upon the owner or occupant, by mailing to his or her last known address, a written notice requiring such owner or occupant to comply with such provisions.
Failure to comply. If the owner or occupant fails, neglects or refuses so to comply within 10 days after mailing of such notice, said enforcement officer shall cause the cutting, trimming or removing required by § 168-3 hereof.
Collection of costs. In any such case the owner or occupant shall pay to the village all costs in connection with such cutting, trimming or removing within 30 days after the mailing to him or her of a bill for such costs. If such costs shall remain unpaid for 30 days after the mailing of the bill therefor, said enforcement officer shall certify the amount of such costs to the Assessor, and thereupon such costs shall become and be a lien upon the land involved and shall be added to and become a part of the taxes next to be assessed and levied upon such land and shall bear interest at the same rate as and be collected and enforced in the same manner as village taxes.
It shall not be lawful for any person to take, remove, collect or in any way interfere with garbage, refuse or other waste matter deposited by any inhabitant of the Village of Williston Park in front of his or her dwelling house or place of business for the purpose of having the same collected by village employees.
[Adopted 10-17-1988 by L.L. No. 8-1988 (Ch. 46 of the 1975 Code)]
All residential, commercial and industrial premises within the Village of Williston Park, whether improved or vacant, shall be maintained in conformity with the provisions of this article.
As used in this article, the following terms shall have the meanings indicated:
- BUSINESS UNIT
- A building or combination of buildings, and the lot on which the same is located, used wholly or in part for commercial purposes, including but not limited to offices, places of public assembly, shopping centers, supermarkets, retail stores, manufacturing or fabrication plants, gasoline stations and other business uses.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food and readily combustible materials, such as paper, cardboard, wood, excelsior, cloth, food cans, glass food containers and bottles.
- 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 purposes
of this definition, signs authorized under this Code are excluded.[Added 3-16-1992 by L.L. No. 2-1992]
- The presence of insects, rodents, vermin and other pests.
- Garbage, refuse and rubbish as herein defined and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- A plot, tract, premises or parcel of land, with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
- All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles and solid market and industrial wastes.
- Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as wood, glass, bedding, crockery and similar materials.
- UNOCCUPIED HAZARD
- Any building or part thereof which remains unoccupied for a period of more than 90 days with either doors, windows or other openings broken, removed, boarded or sealed up or any building under construction upon which little or no construction work has been performed for a period of more than 90 days.
- An open space on the same lot which contains a building and which is located between the building line and the lot line which the particular building line faces.
The provisions of this article shall supplement local laws, ordinances, codes or regulations existing in the Village of Williston Park and other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this article is found to be in conflict with any provision of a local law, ordinance, code or regulations, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.
Surface or subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.
Fences and other minor construction shall be maintained in a safe and substantial condition.
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled and necessary repairs or replacements carried out.
Yards and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells shall be securely closed or barricaded from access to the public.
Heavy undergrowth and accumulation of plant growth which is noxious or detrimental to health shall be eliminated.
Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this article regulating open spaces, buildings or structures and littering.
No outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time, and all such garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings, on the premises or in an acceptable enclosure and shall be regularly collected and removed from the premises.
Shopping baskets, carts or wagons shall not be left unattended or standing in open areas and shall be collected at the close of each business day by the occupant of such unit and removed to the interior of the building or buildings.
No mobile refrigeration unit shall be operated on the premises after the closing of the business conducted thereon unless such mobile refrigeration unit is electrically operated.
All fences and planting areas installed on the premises shall be maintained by the owner of the property. Such maintenance shall include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed, the maintenance and cutting of lawns and the replacement and/or repair of fences which may become in disrepair.
All exterior surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
Exterior walls, roofs and porches or appurtenances thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.
The foundation walls of every building shall be maintained in good repair and shall be structurally sound.
Exterior walls, roofs and all openings around doors, windows, chimneys and other parts of a building shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced in a workmanlike manner. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material and improperly secured objects and material. Such objects or material shall be removed, repaired or replaced.
The owner of a vacant building shall take such steps and perform such acts as may be required of such owner from time to time to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public. All openings shall be provided with painted, exterior-grade plywood closures, securely fastened.
Buildings and structures shall be maintained in such a condition that they shall not become unoccupied hazards as defined in this article.
[Amended 3-16-1992 by L.L. No. 2-1992]
All signs and lighting systems shall be maintained in a completely operable, clean and safe condition.
All decorative pools and similar devices shall be maintained free of litter and operated as intended. Should the maintenance costs of such devices prove unacceptable, the device shall be converted to landscaped planting beds.
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. Such responsibility for the removal or covering of graffiti shall lie notwithstanding that the owner or occupant may not have created the graffiti.
[Added 3-16-1992 by L.L. No. 2-1992]
Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter, garbage, refuse and rubbish; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with the provisions of applicable codes.
No refrigerator may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking devices and all doors.
Dumpsters and similar large receptacles shall be shielded from the public view by means of appropriate landscaping or architectural screening, and all covers shall be kept closed.
Shopping centers, supermarkets and similar business units shall provide permanent, attractive, decorative litter receptacles within the premises for public use in sufficient quantity to prevent walking in excess of 50 feet to use any such receptacle.
An occupant of the premises shall be responsible for compliance with this article in regard to the following:
Maintenance of that part of the premises which he or she occupies or controls in a clean, sanitary and safe condition.
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which he or she occupies or controls in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
Keeping exits from his or her building clear and unencumbered.
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner in accordance with the provisions of the village.
Extermination of insects, rodents or other pests within his or her premises.
Maintenance of yards, lawns and courts in a clean, sanitary and safe condition and free from infestation, insofar as said occupant occupies or controls said yards, lawns or any parts thereof.
The installation and removal of required screens.
Elimination of all prohibited uses for that part of the premises which he or she occupies, controls or has accessibility to.
Owners of premises shall be responsible for compliance with the provisions of this article and shall remain responsible therefor, regardless of the fact that this article may also place certain responsibilities on operators and occupants and regardless of any agreements between the owners and operators or occupants as to which party shall assume such responsibility.
Owners and operators of buildings shall be responsible for the proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply where they have contracted to do so.
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the village as executor, administrator, trustee, guardian, operator or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this article and shall be bound to comply with the provisions of this article to the same extent as the record owner, and notice to any such person of any order or decision of the Building Inspector shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In the instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this article, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this article.
Whenever the Village Board learns of any violation of this article, it may adopt a resolution requiring the owner or occupant, or both, as the case may be, of the premises with regard to which a violation has occurred to remedy such violation, specifying the nature of the work to be done and the time within which it shall be completed. A notice of the adoption of such resolution shall be served upon such owner or occupant, or both, by registered or certified mail addressed to his or her last known address.
Whenever such notice has been served upon the owner or occupant, or both, of the respective premises and such owner or occupant shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Village Board shall authorize the work to be done and pay the cost thereof out of general village funds to be appropriated by the Village Board for that purpose.
The village shall be reimbursed for the cost of work performed or services rendered by direction of the Village Board as herein provided by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other village charges.