[Adopted 2-4-1992[1]; amended in its entirety 3-31-2009 by L.L. No. 4-2009]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 149 but was renumbered to maintain the organization of the Code.
It shall be unlawful for any owner of real property within the Town or the agent of such owner and/or any person, firm or corporation occupying any real property within the Town to permit:
A. 
Lawns, weeds, grass, brush and growth of vegetation of any kind to obtain a height in excess of eight inches.
B. 
Garbage, litter, refuse, rubbish or rubble to accumulate thereon.
The Commissioner of the Department of Planning and Development or his/her designee is hereby authorized and empowered to notify the owner and/or person in control of any property found not to be in conformance with the provisions of § 182-20 of said violation, by service of a notice of violation. Service of a copy of said notice of violation shall be served upon such owner, agent of such owner and/or any person, firm or corporation lawfully occupying or controlling said property, by personal service or by first-class and certified mail, postage paid, return receipt requested, and addressed to such person's last known address; and, if by certified mail, a copy of said notice shall be posted on the premises. If the owner of said premises does not reside in the County of Nassau, said notice mailed to such owner, addressed to his last known address, shall be sufficient service thereof.
A. 
The person served with a notice of violation shall be permitted five days from such service to eliminate the accumulation of garbage, litter, refuse, rubbish or rubble and/or excessive height of lawns, weeds, grass, brush or vegetation of any kind.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly cure the violation, within five days after issuance of written notice provided for in § 182-21 above, the Commissioner, or his/her designee, may direct the Department of Public Works, the Sanitation Department and/or the Department of Parks to remove and dispose of such garbage, litter, refuse, rubbish or rubble and/or to cut the lawn, weeds, grass, brush or vegetation to a height in compliance with § 182-20.
[Amended 4-27-2010 by L.L. No. 2-2010; 3-15-2022 by L.L. No. 2-2022; 3-15-2022 by L.L. No. 3-2022]
C. 
The Town shall be reimbursed for the cost of the work performed or the services rendered, as hereinabove provided, by assessment against the collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete cost as incurred upon and from each lot or lots, in the manner provided for the assessment of the cost of public improvements by Article 4, § 64, of the Town Law of the State of New York, as amended.
[Amended 3-7-2023 by L.L. No. 4-2023]
Any person who shall violate any ordinance herein or regulation thereon or fail to comply therewith or with any of the requirements thereof shall be guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial offices, generally, violations of this article or of such ordinance or regulation shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. Any fine imposed under this section shall be exclusive of costs to be charged to the owner of the property under § 182-22C.
[Amended 3-7-2023 by L.L. No. 4-2023]
In addition to and notwithstanding any other remedy for an offense against this chapter, any person violating a directive issued by the Commissioner or his/her duly authorized representative, made pursuant to the provisions of this chapter, shall be guilty of a violation punishable by a fine not exceeding $900 or imprisonment for a period not to exceed 15 days, or both.
[Added 3-7-2023 by L.L. No. 4-2023]
Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall be subject to a monetary penalty within the range of fines authorized herein for the first and second violations of same. A third or subsequent violation of this chapter within a period of six months shall be deemed a misdemeanor, pursuant to § 182-23 herein and shall be within the jurisdiction of the District Court of Nassau County or other court of competent jurisdiction.