[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.
COMPOST PILE
GARBAGE
INFESTATION
JUNKED VEHICLE
NUISANCE, HAZARD AND LITTER
PERSON
RECYCLABLE MATERIALS
RUBBISH
SOLID WASTE
The following terms, as used in this chapter, shall have the following
meanings and are applicable to this chapter only:
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.
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.
The presence of insects, rodents, vermin or other pests.
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.
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.
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.
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.
Appliances, furniture, and do-it-yourself project material,
e.g., siding, plaster lathe, etc., but limited to four bushels in
equivalent containers.
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]
K.
Vacant properties.
[Added 12-17-2019 by L.L. No. 4-2019]
(1)
Every holder of a first mortgage encumbering vacant and abandoned
property and subject to New York Real Property Actions and Proceedings
Law ("NYRPAPL") § 1308, must inspect and secure the property
and perform all maintenance and property-related actions pursuant
to NYRPAPL § 1308.
(2)
Every owner of vacant property must inspect and secure the property
and perform all maintenance and property-related actions set forth
in NYRPAPL § 1308(4) and NYRPAPL § 1308(7).
[Added 9-16-2014 by L.L.
No. 2-2014]
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.
[Amended 12-17-2019 by L.L. No. 4-2019]
Unless prohibited by New York Real Property Actions and Proceedings
Law § 1308, any person or entity 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 and upon the mortgage holder, if
applicable.
[Amended 12-17-2019 by L.L. No. 4-2019]
B.
Said notice shall contain substantially the following:
(1)
The name(s) of the owner and, when applicable, the lessee, occupant
or mortgage holder of the premises.
[Amended 12-17-2019 by L.L. No. 4-2019]
(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)
(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.
[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.
