[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 3-21-2000 by L.L. No. 1-2000. Amendments noted where
applicable.]
This chapter shall be entitled "Regulations Regarding Unsafe
Conditions, Debris and Rubbish in the Village of West Hampton Dunes."
Pursuant to § 10 of the Municipal Home Rule Law, the
Village Law, the General Municipal Law, and other relevant and applicable
laws and regulations of the State of New York, the Incorporated Village
of West Hampton Dunes, County of Suffolk, and State of New York, hereby
enacts by this chapter a local law of the Village of West Hampton
Dunes.
A.
Purpose. The purpose of this chapter is to promote and protect the
public safety and welfare of the residents of the Village of West
Hampton Dunes, and their guests, and of the visitors to the Village,
to preserve the environment of the Village of West Hampton Dunes,
including the environmentally sensitive areas within the limits, boundaries
and territory of the Village of West Hampton Dunes, and of the areas
adjoining or surrounding those areas and within the jurisdiction of
the Village, including the quality of the waters in and surrounding
the Village of West Hampton Dunes, and the quality and value of property
in the Village by the correction, elimination or removal of unsafe
conditions, debris, and/or rubbish within the Village of West Hampton
Dunes.
B.
Intent. The intent of this chapter is to establish regulations for
the Village of West Hampton Dunes which will regulate and establish
requirements and a procedure for the removal of unsafe conditions,
debris and rubbish in the Village of West Hampton Dunes.
As used in this chapter, the following terms shall have the
meanings indicated:
Material, which as is determined by the Building Inspector
of the Village of West Hampton Dunes, is not used in the lawful habitation
or use of a property and which is located outside the structure on
the property, whether discarded, stored, or illegally stored, or materials
that are or have been improperly used for a purpose at the property,
such as not legally or otherwise permitted for the use for which they
have been installed or exist.
The Home Rule Law of the State of New York.
The material comprising debris or rubbish which may include
but is not limited to wood, glass, concrete, asphalt, stone, building
or construction materials, or any other natural or created materials.
A condition existing on a property, which is determined by
the Building Inspector of the Village of West Hampton Dunes, to be
a condition which is or creates an imminent danger to either the general
public or the occupants or owners of a property, or the remaining
property or structure located on the property, whether or not the
condition is in violation of any other law or regulation of the Village
or otherwise.
The Village Law of the State of New York.
The existence of an unsafe condition, or debris or rubbish
on a property as provided in this chapter.
A.
It shall be prohibited to have or maintain an unsafe condition, or
debris or rubbish, on any property located in the Village of West
Hampton Dunes, and the owner and occupant of any property on which
an unsafe condition or debris or rubbish exists shall both be subject
to violation under this chapter for any such condition.
[Amended 11-21-2014 by L.L. No. 2-2014]
B.
The owner of a property and the occupant of a property, if the occupant
is different from the owner, shall both be subject to fines and penalties
for a violation of this chapter, as well as the other actions under
this chapter for a violation of this chapter.
[Added 11-16-2018 by L.L.
No. 1-2018]
A.
Recreational
vehicles shall not be parked on the driveway or yard of a residential
property for more than 14 consecutive days.
B.
A recreational vehicle shall be determined by the classification
of the registration of the vehicle.
C.
A recreational vehicle that has been parked on the driveway or yard
of a residential property once leaving the residential property shall
not return to the property for at least 30 days.
D.
The owner of the property where a recreational vehicle is parked
in violation of this section and the owner of a recreational vehicle
that is parked in violation of this section shall both be separately
in violation and responsible for a violation of this section.
E.
Each day that a violation of this section continues shall be a separate
violation of this section that shall be punishable by a separate fine
and penalty.
F.
Fines and penalties.
(1)
A first violation of this section by any individual or entity
shall be punishable by a fine not to exceed $250.
(2)
A second violation of this section by any individual or entity
within 365 days of a prior violation of this section by that individual
or entity shall be punishable by a fine not to exceed $500.
(3)
A third violation·of this section by any individual or
entity within 365 days of a first violation where there was a second
violation of this section within that 365 days by that individual
or entity shall be punishable by a fine not to exceed $1,000.
A.
Upon an inspection or investigation after the filing of an information
with the Village, or upon his own investigation, the Building Inspector
of the Village of West Hampton Dunes may render a determination, in
writing, as to a finding of the existence of an unsafe condition on
a property in the Village, or of debris or rubbish located on a property
which in the discretion of the Building Inspector is a violation of
this chapter, or a notice of violation, provided the notice of violation
contains the information set forth in this section.
B.
The determination of the Building Inspector shall be made in the
form of a notice of violation, a copy of the determination shall be
filed with the Village Clerk of the Village of West Hampton Dunes,
and the determination and notice of violation shall as a minimum state
the following:
(1)
The property address and tax lot information.
(2)
The last known owner's name and address.
(3)
The name of the believed occupants of the premises if different from
the owners.
(4)
The nature by which a condition on the property is a violation of
this chapter.
(5)
A description of the nature and location of the unsafe condition,
debris and/or rubbish which constitutes a violation of this chapter.
(6)
The action that is necessary to remedy, remove or correct the unsafe
condition, or debris or rubbish.
A.
Upon the filing of a determination of an unsafe condition, or of
the existence of debris or rubbish on a property, a notice of violation
may be issued by the Building Inspector, the Village Attorney, or
such other person or officer of the Village as the Board of Trustees
shall authorize, to the property owner and occupant of the property
on which the condition or material exists.
B.
The notice of violation shall state the information contained in
the determination of the Building Inspector that was filed with the
Village regarding the condition or material, and inform the owner
and occupant that a violation exists with the fine or penalty to be
incurred thereon.
C.
The notice of violation shall also state that in the event that the
unsafe or hazardous condition or debris or rubbish is not corrected
or removed within five days of the date of the notice of violation,
or a sooner period if the circumstances of the condition or violation
are deemed by the Village to warrant immediate action, that any or
all of the following may occur, at the option of the Village:
(1)
A summons being issued to the property owner and/or occupants of
the property to appear in the Village Court of the Village of West
Hampton Dunes or another court of competent jurisdiction.
(2)
A notice being issued that in the event the condition is not corrected
or the material not removed within five days of the date of the notice
of violation, that after a hearing by the Board of Trustees of the
Village of West Hampton Dunes, the Village may, at the option of the
Village, correct the condition or remove the material, and assess
the costs thereof, including all legal, engineering, and other costs,
on the owner or occupants, and on the property as a real property
assessment.
(3)
Such other and further civil action as is appropriate or for which
the Village is authorized to undertake.
A.
The Board of Trustees of the Village of West Hampton Dunes may, on
five days' notice to the last known property owner and/or occupant,
if the occupant is known to be different from the last known property
owner as provided in this chapter, conduct a hearing for the purpose
of determining the existence of the unsafe condition or debris or
rubbish on a property in the Village of West Hampton Dunes, or the
extent of that condition. The Board of Trustees shall conduct the
public hearing at the time and place contained in the notice to the
owner and/or occupant. The notice to the owner and/or occupant shall
be by registered mail and regular mail, and copy of the notice shall
be affixed to the exterior of the premises in question.
B.
The Building Inspector shall render a determination, in writing,
as to the unsafe condition or existence of debris or rubbish on a
property prior to the notification of the hearing by the Board of
Trustees, and file the written determination with the Clerk of the
Village of West Hampton Dunes.
C.
At the hearing of the Board of Trustees, the Building Inspector shall
submit a copy of the determination that he has issued, and such other
testimony and evidence as relevant to the existence of the unsafe
condition or debris or rubbish. The owner and/or occupant of the property
or their representative shall provide or render testimony or documents
as necessary.[1]
D.
On the conclusion of the public hearing, the Board of Trustees shall
render a determination as to the existence of an unsafe condition.
The determination may contain a direction from the Board of Trustees
to the owner and/or occupant of the property to remedy, correct, and/or
remove the condition, debris or rubbish within five days of the date
of the notice, or the Village will take such action as necessary to
remedy, correct and/or remove the condition at the cost and expense
of the owner and/or occupant.
The Village of West Hampton Dunes may after the conclusion of
a hearing by the Board of Trustees pursuant to this chapter, and a
determination of the existence of an unsafe condition, or debris or
rubbish, and a direction to obtain compliance to the owner and/or
occupant as provided in this chapter, take such action as is necessary
to remove the unsafe condition or debris or rubbish on the property
in question. The Village Clerk shall, in the case of the Village acting
under this section, maintain a record of the costs of the Village
in taking such action, including the costs of the Village, including
but not limited to the costs of all contractors, employees, engineers,
professionals, of or retained by the Village, and all costs and other
disbursements arising from the determination of the condition, the
notification to the owner and/or occupant, the issuance of a notice
of violation, court costs, if any, the notification and/or conduct
of the hearing and issuance of notification to the owner and/or occupant,
and the costs of the correction, remedying, or removal of the unsafe
condition or debris or rubbish on the property.
A.
The owner and/or occupant of the property on which an unsafe condition
and/or debris or rubbish exists and which the Village of West Hampton
Dunes acts to correct, remedy, and/or remove under this chapter shall
be liable to the Village and otherwise for all costs associated with
that action by the Village, including but not limited to those costs
described in this chapter.
B.
The costs for which the owner and/or occupant of a property is liable
under this chapter shall be assessed as against the property on which
the violation of this chapter existed, may be recorded by the Village
of West Hampton Dunes at the office of the County Clerk of Suffolk
County as a lien against the property on which the violation existed,
and shall constitute and remain as a lien on the property and assessed
and collected with the real property, or in any other manner under
law, including as a civil action by the Village of West Hampton Dunes
for a money judgment against the owner and/or occupant.
The enforcement of this chapter shall be both by the violation
provisions hereunder and any other civil remedies that may be available
to the Village of West Hampton Dunes.
A.
Every violation of this chapter shall be subject to a fine of not
more than $250, per offense or violation, and for purposes of this
chapter and provision, each and every day that a violation of this
chapter shall exist shall constitute a new and separate violation.
These fines shall be in addition to the other costs which may be assessed
to the owner and/or occupant of the property under this chapter.
B.
The owner and/or occupant of the property on which a violation of
this chapter should exist shall be subject to separate violations
and assessment of fines and penalties under this chapter, and the
assessment of a fine or penalty hereunder shall not preclude the Village
of West Hampton Dunes from the assessment of the costs of the Village
in correcting, remedying, or removing the condition in addition to
those fines and/or penalties.
