[Adopted 9-11-1984 by L.L. No. 6-1984]
It is the aim of the Board of Trustees of the Village of Wesley
Hills to promote the public health, welfare and safety of the citizens
by providing for the cleanliness, maintenance and preservation of
parking, accessory and other open areas provided for or required in
connection with any subject premises. To do so, the Board of Trustees
does hereby enact this article regulating the management and maintenance
of parking areas, accessory areas or other open space used in connection
therewith.
For the purpose of this article, the terms used herein are defined
as follows:
Buffer zones, setbacks, side and rear yards or other areas,
surfaced or natural, or open space used in connection with subject
premises.
The residue from the burning of wood, coals, coke or other
combustible materials.
Putrescible animal and vegetable wastes resulting from the
preparation, handling, cooking and consumption of food.
A covered container which is rodentproof, verminproof, insectproof
and waterproof.
Owner, tenant, trustee, receiver, executor or other person
who controls, in whole or in part, any subject premises.
Sunset of any day to the sunrise of the following day.
Space provided by the holder for the parking of vehicles,
together with the means of ingress and egress thereto and the roads
and driveways of any subject premises.
Any individual or group of individuals, corporation, partnership,
firm, association, company, or any other entity, and any agent, designee
or employee acting on behalf thereof.
All solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials.
Any premises which contains, in whole or in part, any parking area servicing any commercial, professional, educational, or recreational area or other areas regularly used for purposes or functions to which the general public is invited, directly or indirectly, the ingress and egress thereto, roads and driveways therein, buffer zones, setbacks or other open space in connection therewith with respect to all of said areas used in connection with such premises or any other open areas provided for in connection with the issuance of a certificate of occupancy, variance or special permit as required pursuant to Chapter 230, Zoning, of the Code of the Village of Wesley Hills or any law applicable to such premises or use thereof.
A container with appropriate cover to receive hand-carried
discarded paper and trash.
Any holder of a subject premises shall comply with the following:
A.
The holder shall keep the subject premises free and clear of ashes,
dirt, debris, rubbish, garbage, refuse and other obstructions and
shall keep the same properly repaired and maintained.
B.
The holder shall keep all roads, sidewalks, driveways, parking areas
and other areas used in connection with the subject premises, as well
as the means of ingress and egress to the subject premises, in proper
repair and free from dirt, refuse, snow and ice.
C.
The holder shall keep all water drains and water drainage systems
clean and in proper working order.
D.
The holder shall keep all prescribed lights in proper working order
and lighted during the lighting period when the subject premises or
any portion thereof is being used by the holder or the subject premises
or any portion thereof is open for business.
E.
The holder shall keep all fences, screening, curbing, grass, shrubbery,
retaining walls, slopes and other space used in connection therewith
maintained and/or repaired.
F.
The holder shall keep any parking lines for parking spaces properly
painted and marked.
G.
The holder shall keep all exterior areas free and clear of the storage
of goods, wares and merchandise. Loading and unloading are to be done
in designated zones only.
H.
All refuse shall be stored in a designated place or places in proper
garbage containers.
I.
There shall be at convenient places proper trash containers which
shall be sufficiently serviced to prevent overflow.
[Added 1-13-1987 by L.L. No. 1-1987; amended 5-14-2002 by L.L. No.
3-2002]
Whenever the Mayor, Deputy Mayor or Code Inspector of the Village
of Wesley Hills determines that any parking area or accessory area
is in such a state of disrepair as to constitute a public nuisance,
public health hazard, or other danger to the public in violation of
this article, he shall serve a notice of violation personally or by
certified mail upon the last known owner of the property on which
such violation exists as shown on the last preceding tax assessment
roll. If mailed, such notice shall be addressed to the owner of record
of such property at the address shown on the last preceding tax assessment
roll. Such notice shall give such owner 15 days to correct such violation.
The owner shall make repairs to the parking area or accessory area
sufficient to eliminate the public nuisance, public health hazard,
or other danger to the public within the time specified in said notice.
[Added 1-13-1987 by L.L. No. 1-1987]
A.
In the event sufficient repairs have not been made within the time specified in the notice to repair, the Board of Trustees shall hold a hearing, upon five days' public notice, to determine whether the continued condition of disrepair of such parking area or accessory area constitutes a public nuisance, a public health hazard, or some other danger to the public. Notice of such hearing shall be given to the owner of the property, in the manner specified in § 154-9 hereinabove, at least five days prior to such hearing.
B.
If, after such hearing, the Board of Trustees deems the continued
condition of disrepair of such parking area or accessory area to constitute
a public nuisance, a public health hazard, or other danger to the
public, it shall give notice of such findings by certified mail addressed
to the owner of record of such property at the address shown on the
last preceding tax assessment roll. Such notice shall further state
that if at least 30 days elapse from the service thereof, and the
violation has not been fully corrected, the Board of Trustees will
cause the violation to be corrected and that the entire expense of
such correction shall be assessed against such property.
C.
If a period of at least 30 days elapses from the service of the notice required by Subsection B hereinabove, and the violation has not been fully corrected, the Board of Trustees shall proceed to take whatever action is necessary to cause the parking area or accessory area to be repaired so as to eliminate the public nuisance, public health hazard, or other danger to the public. Notwithstanding the provisions of this subsection, the Board of Trustees shall have the power, in its sole and absolute discretion, to extend the period of time for correction of the violation for an additional period not to exceed 30 days, upon application of the owner and for good cause shown, and if such discretion is exercised and at the end of such extended period the violation has not been fully corrected, the Board of Trustees shall proceed to take whatever action is necessary to cause the parking area or accessory area to be repaired so as to eliminate the public nuisance, public health hazard, or other danger to the public. In either event, the total expense of such repair, including all administrative expenses and financing expenses, if any, of the Village of Wesley Hills, shall be assessed against such property by the Board of Trustees in the manner provided in Subsection D hereinbelow.
D.
The Board of Trustees shall serve personally or by certified mail
upon the owner of record of such property at the address shown on
the last preceding tax assessment roll a written notice stating that,
at a time and place specified therein, it will assess the expense
of such removal against such property. Such notice shall be served
at least eight days previous to the time specified therein. If directed
against a corporation, it may be served upon the corporation at its
principal place of business, upon an agent of the corporation within
the Village, or upon the Secretary of State. Notice served upon the
Secretary of State shall be served at least 12 days previous to the
time specified therein. At the time and place so specified, the Board
of Trustees shall hear the parties interested and shall thereupon
finally determine the assessment, stating therein the name of each
owner and the amount so assessed. The amount so assessed shall constitute
a lien on the real property on which it is levied until paid or otherwise
canceled pursuant to the provisions of § 5-516 of the Village
Law and shall be collected in the same manner as other Village special
assessments pursuant to the provisions of § 5-518 of the
Village Law.
This article is not in limitation of any other law, rule, regulation,
order, or certificate which may affect any premises subject to this
article or any penalty, fine or liability hereunder, but is in addition
thereto.
[Amended 5-14-2002 by L.L. No. 3-2002]
This article shall be enforced by the Mayor, Deputy Mayor, and
the Code Inspector of the Village of Wesley Hills, who shall have
the right, power, and authority to issue appearance tickets for violations
of this article.
[Amended 4-12-1988 by L.L. No. 2-1988]
Any person who shall refuse or neglect to comply with any section
or provision of this article shall be guilty of an offense. Each and
every violation of this article shall be punishable by a fine not
to exceed $5,000 or a sentence of imprisonment not to exceed one month,
or both. Each week's continued violation shall constitute a separate
violation.
