[Adopted 4-14-2004 by L.L. No. 1-2004]
The purpose of this article is to regulate the creation, accumulation, deposit, maintenance or display of visually offensive materials, including, without limitation, items such as discarded or expended household refuse, junk plies, spoils areas, appliances, rubbish and debris upon privately owned properties within the Village of Centre Island, including, also without limitation, the area within any public or private right-of-way. Such creation, storage or display constitutes an unjustified nuisance and annoyance to owners and occupants of adjoining property and an unsightly condition affecting the general public. This article is adopted to preserve peace and good order; to promote the aesthetic beauty of the community and hence the value of property therein; and to promote the health, safety and general welfare of the citizens of the Village of Centre Island.
A. 
This definition is not inclusive or limiting but is intended to describe the kind, type and quality of the offensive materials and actions intended to be covered by this article.
B. 
"Visually offensive material" is any unsightly accumulation of household refuse, junk, rubbish, garbage, broken glass, mattresses, broken stone or cement, crates, barrels, boxes, scrap metal, scrap lumber, used tires, discarded building materials, appliances or fixtures, or dismantled machinery, parts of toilets, accumulations of string or rope, tools and gardening equipment (unless in active customary use), scrap automobile or automobile parts, scrapped holiday ornaments; inflatable objects, posters, signs, billboards, paintings, flashing lights, expended, used or discarded materials, such as cloth, paper, plastic, metal, rags or glass, etc. or any wastes generated from day-to-day activities of a household, business, commercial or quasi-public facility, any object or material designed for interior use or made of materials suitable only for interior use, animal feces, toilet, kitchen and laundry waste, scrap boats or parts of boats, life jackets or other out-of-place marine equipment and the like or the placement or hanging of any of the aforesaid materials on trees or shrubs or structures attached to private property in the Village (hereinafter collectively "visually offensive material" or "VOM").
It shall be unlawful for any person to cause, permit, maintain or allow the creation, deposit, maintenance and display of visually offensive materials on any privately owned property in the Village including, without limitation, the area within any public or private right-of-way, and the same is hereby declared to be prohibited as a public nuisance.
Nothing contained in this article shall be construed so as to prevent the Village or any other person from pursuing any other remedies permitted in law or in equity for injunctive relief, money damages, abatement of private nuisance or any other legal remedy or procedure aimed at the conduct proscribed in this article. Further, nothing in this article shall prevent the Village from electing not to prosecute a particular violation of this article if, in the Judgment of the Board of Trustees remediation of the violation is more appropriately left to a private Village resident, the victim of the offensive conduct, in a civil action.
Whenever visually offensive material is found to exist within the Village, either the Village police or the Village Building Inspector or other duly designated owner or agent of the Village shall give written notice to the owner or occupant upon which the VOM exists or to the person causing or maintaining the VOM.
The notice to abate the VOM issued under the provisions of this article shall contain:
A. 
An order to abate the VOM within a stated time, which shall be reasonable under the circumstances, but not less than 10 days, or in the alternative, to request a hearing in writing for the purpose of contesting the notice to abate, provided written request for a hearing is received by the Village Clerk within 10 days after receipt of the notice.
B. 
The location of the VOM.
C. 
A description of what constitutes the VOM.
D. 
A statement of acts necessary to abate the VOM.
E. 
A statement that if the VOM is not abated within 10 days of receipt of the notice or a public hearing requested within such time, either or both of the following may result:
(1) 
A duly authorized agent or employee of the Village may enter upon the property and remove or otherwise abate the VOM, with the cost and expense of such removal or abatement to be assessed against the subject property and added to the yearly tax bill.
(2) 
An appearance ticket shall be issued through the Police Department or the Building Department, or both, and upon a determination of violation of this article, a fine and other penalties could be ordered against the person in addition to civil penalties and injunctive relief.
F. 
The Centre Island Police Department and Building Inspector shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of this article.
The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law or as follows: by posting a copy of such violation notice upon the front portion of the property or upon the main structure and by mailing a copy of such notice by ordinary mail to the owner of the property as shown on the latest assessment rolls of the Village.
If a public hearing is requested in writing by the person charged with a violation of this article as provided in § 65-45 herein, a hearing shall be held by the Board of Trustees at the call of the Mayor, but in no case later than 30 days after receipt by the Village Clerk of the written request.
At the public hearing the Board of Trustees shall take into consideration such testimony and evidence as the property owner or occupant may present by way of defense or explanation to the notice of violation. The Board of Trustees shall also take into consideration the testimony of the charging officer or agent of the Village as well as the testimony and evidence of any persons affected by the VOM and the public generally. At the close of the public hearing, the Trustees may, after deliberation, direct the removal or abatement of the VOM by the offending homeowner or occupant within a specified time frame (failing which an agent or employee of the Village may be directed to enter upon the property and effect the removal or abatement at the expense of the offending homeowner) or direct any other action, including dismissal of the notice of violation, as the Board deems just and proper in the circumstance. In rendering its decision the Board of Trustees shall take into consideration the rights of the affected neighbors and the public to be free from the harmful effects of the VOM as balanced against the utility of the VOM to the offender. When weighing these respective rights the Board shall consider the following:
A. 
The amount or size of the VOM.
B. 
The physical composition of the VOM.
C. 
The proximity of the VOM to neighboring property lines and public view.
D. 
The presence and quality of any screening between the VOM and public or private view.
E. 
The presence and quality of any screening between the VOM and the offending homeowner or occupant who caused it.
F. 
The presence of a countervailing legitimate purpose or utility for the VOM.
G. 
The presence or absence of malice or retaliatory motivation on the part of the offender.
A. 
In addition to any other penalties that may be invoked under this article, any person, firm or corporation violating any of the provisions of this article shall be punishable by a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both, for each offense.
B. 
In addition to the above-provided penalties and punishment, the Village may also maintain an action in the name of the Village in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.
C. 
Each day that a violation of this article is committed or continues to exist shall constitute a separate offense.
In their interpretation and application, the provisions of this article shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standard shall govern.
All fees associated with this article shall be established by resolution of the Board of Trustees and made part of the Village's fee schedule.
If any one provision or requirement of this article shall be declared unlawful by a final unappealable decision of a court of competent jurisdiction the remaining provisions shall continue to be valid and enforceable.