Village of Nissequogue, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 8-16-2005 by L.L. No. 4-2005. Amendments noted where applicable.]
A. 
The following terms, as used in this chapter, shall have the following meanings and are applicable to this chapter only:
COMPOST PILE
A mixture of decaying organic matter consisting of grass clippings, leaves, and brush when placed in an area to encourage rapid conversion of the constituents into nutrient material used for fertilizing and conditioning land.
GARBAGE
Kitchen and household refuse and table cleansings, including decaying animal, fruit and vegetable waste resulting from growing, processing, marketing and preparation of food items, including packaging containers.
INFESTATION
The presence of insects, rodents, vermin or other pests.
JUNKED VEHICLE
Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or an abandoned condition.
NUISANCE, HAZARD AND LITTER
All discarded or waste material, debris, garbage, refuse, rubbish, household appliances, furniture, machinery, automotive parts, bottles, cans, glass, waste, wood, construction materials or supplies, paper, cardboard, rags, tree stumps, any other junk substance and any matter prejudicial to good health or a clean environment.
PERSON
Any owner, lessee or occupant, or any agent, servant representative or employee of any such owner, lessee or occupant, having control of any occupied building lot or plot of land of any part thereof in the Village.
RECYCLABLE MATERIALS
Newsprint; flattened cardboard; glass food and beverage containers; metal food and beverage containers; plastics; yard waste; limbs, brush and wood; vehicular batteries; used motor oil; and tires.
RUBBISH
Appliances, furniture, and do-it-yourself project material, e.g., siding, plaster lathe, etc., but limited to four bushels in equivalent containers.
SOLID WASTE
Includes all putrescible and nonputrescible materials and substances, discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including, but not limited to, household and commercial garbage, industrial waste, rubbish, debris, litter and ashes.
B. 
All other terms as used in this chapter shall have their common and ordinary meaning.
Restrictions are imposed by setting the following standards:
A. 
No person shall hereafter be permitted to abandon, leave, dump, store, deposit, throw, scatter, or keep any nuisance, hazard or litter upon any public place or on any privately owned property within the Village, and said property shall be kept free and clean of the same.
B. 
The exterior of every structure or accessory structure, including foundation walls, signs, fences and awnings, shall be maintained in good repair, free of any condition that would present a safety or fire hazard or adversely affect adjoining properties in the neighborhood. Accordingly, all surfaces thereof shall be kept painted or otherwise provided with a protective coating sufficient to prevent structural deterioration and to maintain a reasonably good appearance. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance.
C. 
Fences, retaining walls and other minor construction shall be maintained in good repair and condition by the person responsible for the property. Such maintenance shall include but not be limited to the replacement, repair or removal of fences which may become hazardous, dangerous or otherwise unsightly as initially determined by the Building Inspector and ultimately determined by a court of competent jurisdiction.
D. 
Steps, walks, driveways, and other 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 replacement carried out.
E. 
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant pooling of water. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other privately owned drainage systems shall be kept free and clear of debris, growth or any other blockage which may impede proper drainage. No such drainage facility, roof or surface shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.
F. 
Every owner of vacant property and every owner, tenant, occupant or leaseholder of occupied property shall remove debris, rubbish or other materials upon the property owned or occupied by such owner, tenant, occupant or leaseholder.
G. 
No person shall cause, suffer or allow poison ivy, ragweed, other poisonous plants or plants detrimental to health to extend upon, overhang or border any public place. Any trees or portions thereof located on private property and constituting a hazard to persons or property shall be removed.
H. 
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 with generally accepted practice.
I. 
A junked vehicle, appliance, bedding or other rubbish or garbage may not be parked, stored or left in the open.
J. 
No owner, tenant or occupier of property within the Village of Nissequogue shall cause, suffer, or allow bamboo (any of the tall, treelike grasses comprising the subfamily Bambusoideae of the family Poaceae) to be planted, maintained or otherwise permitted to exist within 10 feet of any property line, street, sidewalk or public right-of-way.
[Added 9-16-2014 by L.L. No. 2-2014]
[Added 9-16-2014 by L.L. No. 2-2014]
A. 
With the exception of a violation of § 79-2J, no notice is required as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this chapter.
B. 
Prior to the issuance of a summons or appearance ticket for a violation of § 79-2J, a person or property owner must be given the notice set forth in § 79-5A and B and given 30 days to comply with § 79-2J after service or mailing of the notice.
Exclusions are as follows:
A. 
Garbage in watertight covered containers placed in such manner and at such times designated by the Village so as to facilitate collection by the approved carter. No material shall be placed at the street for collection prior to 9:00 p.m. on the day preceding the scheduled collection.
B. 
Recyclable materials when placed at curbside on an assigned day as scheduled by the approved carter.
C. 
Bulk metals and tires when placed at curbside for pickup by appointment only as scheduled by the approved carter.
D. 
A compost pile located in the rear yard, of reasonably defined size and maintained in such manner not to produce offensive odors or visual impact at the street line.
E. 
Temporary outside storage of construction materials for not more than a total of 30 days in any twelve-month period. Such storage, for construction of any permitted use, shall be located as inconspicuously as possible to minimize visual impact at the street line. Outside storage of construction materials shall be extended to include any period during which a validly issued building permit exists.
F. 
Firewood that is cut and stacked in a manner which differentiates it from the definitions designation as "nuisance, hazard and litter."[1]
[1]
Editor's Note: See § 79-1, Definitions.
Any person or property owner found in violation of any section of this chapter may be fined an amount not to exceed $500. Each day that a violation shall continue shall constitute a separate offense.
A. 
If conditions existing on the inspected property violate the provisions of this chapter, the Building Inspector, Village police or other designated officer or employee of the Village shall serve or cause to be served a written notice of such violation, either personally or by certified mail, upon the owner or owner's agent as well as upon the lessee or occupant of said premises at such person's last known address as listed in the Village tax rolls.
B. 
Said notice shall contain substantially the following:
(1) 
The name of the owner, lessee or occupant of the premises.
(2) 
The address or location of the premises.
(3) 
The identification of the premises as the same appears on the current assessment roll.
(4) 
A statement of the conditions on the property deemed upon inspection to be in violation of this chapter.
(5) 
Removal from property.
[Amended 9-16-2014 by L.L. No. 2-2014]
(a) 
With the exception of a violation of § 79-2J, a demand that the material(s) or condition(s) determined to be in violation of this chapter be removed from the property on or before 10 days after the service or mailing of such notice.
(b) 
A demand that the material(s) or condition(s) determined to be in violation of § 79-2J be removed from the property on or before 30 days after the service or mailing of such notice.
(6) 
A statement that a failure or refusal to comply with the provisions of this chapter and the notice given pursuant thereto within the time specified may result in a duly authorized officer, agent or employee of the Village entering upon the property and removing such material(s) or condition(s) and causing the same to be disposed of or otherwise destroyed, repaired, or cured.
[Amended 9-16-2014 by L.L. No. 2-2014]
(7) 
A statement that the cost and expense of such removal, disposal, destruction or cure, if not immediately reimbursed to the Village, shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
C. 
Except as required by § 79-2.1B, 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 chapter.
[Amended 9-16-2014 by L.L. No. 2-2014]
[Amended 9-16-2014 by L.L. No. 2-2014]
Nothing in this chapter shall prohibit the right of the Village, its employees or agents from entering onto private property to remove any material(s) or condition(s) whenever there exists an imminent threat to the life or safety of persons.
A. 
Any costs and expenses incurred by the Village in an action pursuant to this chapter to abate a declared public nuisance shall be immediately reimbursed to the Village upon written notice requesting same. Failure to reimburse the Village shall result in any costs and expenses being assessed against the property involved and shall constitute a lien thereon to be collected as provided by law to be included in the next tax bill.
B. 
A property owner shall be given notice and an opportunity to be heard prior to any costs and expenses incurred pursuant to this section being placed on the property's tax bill.
Nothing contained in this chapter shall prevent the Village from seeking judicial or equitable or injunctive relief to abate violations of this chapter.
The provisions of this chapter shall supplement local laws, ordinances, codes or regulations. Where a provision of this chapter is found to be in conflict with any provision of a local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.
If any clause, sentence, subdivision, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.