[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-24-1965 (Ch. 42 of the 1977 Code)]
A.
No person shall permit noxious weeds, long grass or other rank growths,
or growths which are harmful, poisonous or detrimental to health on
real property owned by him.
B.
No person shall permit the growth of grass, shrubs or trees which
blocks, hides or interferes with any traffic sign or with the view
on any corner so as to cause a hazard or interference with the normal
flow of vehicular traffic.
C.
Upon due notice by the Village given to such owner to cut, trim or
remove such noxious weeds, long grass or rank growths, or grass, shrubs
or trees which interfere with the normal flow of vehicular traffic,
and upon default thereafter being made by such owner, the Board of
Trustees may cause the said noxious weeds, long grass or rank growth,
or grass, shrubs or trees which interfere with the normal flow of
vehicular traffic, to be cut, trimmed and removed or otherwise eliminated,
and assess the expense lien upon the property whereon the same is
found. Such charge, if unpaid, shall become a lien upon the property,
subject to collection as a tax thereon, after due notice to the owner
and a hearing as to the justness of the costs.
A person upon whom notice has been served to cut, trim or remove
such noxious long grass or rank growths or grass, shrubs or trees
which interfere with the normal flow of vehicular traffic and who,
for five days after service, shall neglect or fail to comply with
the provisions of any such notice shall be deemed to have violated
this article.
Any person or corporation violating any of the provisions of
this article shall, upon conviction thereof, be subject to a fine
of not more than $50 for each offense. Every violation of this article
shall be a separate and distinct offense, and in case of continuing
violation, every day's continuance thereof shall be deemed to
be a separate and distinct offense. Every violation of this article
shall constitute disorderly conduct and the violator shall be a disorderly
person.
[Adopted 4-29-1987 by L.L. No. 2-1987 (Ch. 20 of the 1977
Code)]
The Village Board of the Village of Hillburn has found it necessary
for the health, safety and general welfare of the residents to see
that the lots and property within the Village are properly maintained
and free from vermin, nuisances, hazards and litter.
A.
The owner, lessee, tenant or any other person who has the management
or control of or who occupies any land in the Village shall keep such
land at all times free and clear of accumulation of ashes, rubbish,
refuse, grass cuttings, leaves, garbage and offal or other waste.
B.
No person shall hereafter be permitted to abandon, leave, dump, store
or keep any nuisance, hazard or litter or matter attractive to vermin
upon any public street, public place or on any privately owned property
within the Village, and said property shall be kept free and clear
of the same.
No person shall deposit any waste such as ashes, rubbish, refuse,
grass cuttings, tree cuttings, leaves, garbage, offal, papers, cans,
bottles, trash or any offensive substances on any lot or plot of land
in the Village except in containers or otherwise secured as provided
for in this article, and in no event shall material of any nature
be deposited upon the property of another without consent of the owner;
nor shall any person throw, cast, lay or direct or suffer or permit
any servant, agent or employee to throw, cast or lay any ashes, offal,
vegetables, garbage, dross, cinders, shells, straw, shavings, paper,
dirt, filth, broken glassware, crockery, bottles or rubbish of any
kind whatsoever in any street, either upon the roadway or sidewalk
thereof.
No person shall use or maintain any premises or structure of
any part thereof for the storage, keeping or abandonment of junk or
scrap material or the dismantling, demolishing or abandonment of automobiles
or other vehicles or machines or parts thereof or the servicing of
machines not in running condition or for the sale or storage of parts
thereof.
It shall be the duty of every person having the management or
control of or occupancy of any land or building to provide sufficient
receptacles of metal, plastic or equivalent substance, capable of
containing the refuse or waste, to hold all accumulations of garbage,
offal, ashes and any other offensive waste substances ordinarily accumulated
on the premises during 96 consecutive hours. All other waste material
may be contained in cartons or boxes securely covered or securely
compacted and bundled so as to be readily handled but not weighing
more than 50 pounds per bundle and not likely to be scattered. Wet
garbage and incombustible waste materials shall be kept separated
from combustible materials. Receptacles of metal, plastic or equivalent
substances, capable of containing the refuse or waste for wet garbage,
shall be watertight, kept securely covered at all times with a cover
of metal, plastic or equivalent substance, capable of containing the
refuse or waste, and maintained in a sanitary condition by periodic
cleaning. When filled, any such receptacle shall not weigh more than
100 pounds or contain more than four cubic feet of material.
No other types of receptacles other than of metal, plastic or
equivalent substance capable of containing the refuse or waste will
be deemed satisfactory as refuse or waste receptacles and will be
collected by the Village and considered as waste material. Village
employees will not be expected to handle containers of metal, plastic
or equivalent substance capable of containing the refuse or waste
which leak or are in dangerous condition. The Village will notify
any person when, in its opinion, receptacles of metal, plastic or
equivalent substance capable of containing the refuse or waste are
in need of replacement, and failure to make such replacement will
be deemed a violation of this article.
All receptacles and other waste material and trash shall be
placed at the curb for collection. In the case of household garbage,
said receptacles shall not be placed at the curb any earlier than
the evening before the scheduled pickup. In the case of trash, the
same shall not be placed at the curb earlier than the weekend before
the scheduled pickup. Within 24 hours of pickup, all receptacles shall
be removed from the curb.
Any accumulation of waste material resulting from the failure
of any person to comply with any provision of this article or from
the failure of such person to take advantage of the regular collection
service maintained by the Village and any waste building materials
in excess of 100 pounds shall be removed by such person at his own
expense.
No employee of the Village in the course of his duties shall be required to enter private property to gather or collect any waste material; no employee shall be expected to handle any refuse of a hazardous or dangerous nature, except when pursuant to an order of the Village Board pursuant to § 184-16 of this article.
Nothing in this article shall be construed as denying any person
the right to maintain a mulch pile or accumulation of grass cuttings,
leaves or other inoffensive materials on his own or leased property
as long as dust, odors or other nuisances are not permitted to develop
from the resulting compost. Nothing in this article shall be construed
as denying any person the right to use ashes or other clean material
as fill on his own property so long as dust or any other nuisance
is not permitted to develop.
The owner, tenant or occupant of property located within the
Village of Hillburn is hereby required to:
A.
Maintain properly secured covered dumpsters and/or containers and/or
enclosures at all times. The Building Inspector or Deputy Building
Inspector shall direct the proper securing of covered dumpsters and/or
containers and/or enclosures. The Building Inspector or Deputy Building
Inspector shall serve five days' written notice of noncompliance
upon the owner, tenant or occupant.
B.
Remove all nuisances, hazards and litter or matter attractive to
vermin, as hereinabove defined, when ordered to do so by the Fire
Inspector, Building Inspector or Deputy Building Inspector or Head
of the Department of Public Works, within five days of written notice
thereof. Said written notice shall be served on the owner, tenant
or occupant. If the owner of said land is a nonresident of the Village
of Hillburn, a notice to remove the nuisance, hazard or litter, mailed
to such owner, addressed to his last known address, shall be sufficient
service thereof.
A.
Failure to comply with the direction of any agent of the Village
of Hillburn as aforesaid shall constitute an offense against this
article.
B.
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this article shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
A.
The Village Board, by resolution, may cause any nuisance, hazard
or litter as herein defined to be removed from any property within
the Village of Hillburn upon the failure of such owner, tenant or
occupant to comply with the written notice aforementioned within the
time limit. Said removal may be performed by the Department of Public
Works or other designee, including a private contractor. The Village
Board shall ascertain the cost of such removal, and such cost shall
be charged and assessed against the owner, tenant or occupant of the
property. 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.
B.
The removal of any nuisance, hazard or litter by the Village of Hillburn
or its designee shall not operate to excuse such owner, tenant or
occupant from properly maintaining his or her property as hereinabove
set forth, and such owner, tenant or occupant shall, notwithstanding,
be subject to the penalties above mentioned.
