Village of Westbury, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 7-1-1965 (Ch. 31 of the 1964 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 79.
Building rehabilitation — See Ch. 83.
Unsafe buildings — See Ch. 90.
Fire prevention — See Ch. 124.
Graffiti — See Ch. 135.
Garbage, ashes and rubbish — See Ch. 211, Part 2.
It is hereby declared to be the policy of the Village Board to prohibit the deposit and accumulation of litter, rubbish and all forms of waste material upon public and private property located within the Incorporated Village of Westbury so as to decrease fire hazards and promote the public welfare.
A. 
No person, firm or corporation shall deposit, throw or scatter, or suffer, permit or allow the accumulation of any filth, dirt, ashes, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles or glass of any kind, old cars and parts thereof, or any other kind of rubbish or waste material, upon any sidewalk, Village street or public place, or upon any vacant or improved lot, piece or parcel of ground abutting upon any sidewalk, Village street or public place or upon any private property within the Incorporated Village of Westbury. Nothing herein shall be deemed to prohibit the placing of garbage, rubbish or litter in containers or appropriately bundled for the purpose of having such material collected.
[Amended 12-2-1999 by L.L. No. 3-1999]
B. 
The owner and/or person in possession and control of any private property, either occupied or vacant, shall at all times maintain the premises in a neat, clean, safe, sanitary and orderly condition and free from the deposit and accumulation of rubbish, garbage and litter as detailed in the immediately preceding subsection of this section. Nothing herein shall be deemed to prohibit the placing of garbage, rubbish or litter in containers or appropriately bundled for the purpose of having such material collected.
[Amended 12-2-1999 by L.L. No. 3-1999]
C. 
Any violation of this chapter or of any rule or regulation made under authority conferred thereby shall be deemed a violation, and any person found guilty thereof shall be liable and punishable for each such violation as follows: by a fine not less than $100 nor more than $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; by a fine not less than $1,000 nor more than $2,500 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of a second offense, both of which offenses were committed within a period of five years; and by a fine not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, upon conviction for a third or subsequent offense, all of which offenses were committed within a period of five years.
[Amended 6-6-1985 by L.L. No. 4-1985; 12-2-1999 by L.L. No. 3-1999]
D. 
Any owner of real property located in the Village of Westbury who fails to cut, trim or remove brush, trash, rubbish or weeds upon notice to do so may, upon default thereof, have said brush, trash, rubbish, weeds or other materials cut, trimmed or removed by the Village of Westbury and the total cost may be assessed upon the real property on which such brush, trash, rubbish or weeds are found, and said cost 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 by the Village Treasurer in the manner provided by law for collection of delinquent taxes.
[Added 10-5-1972]
E. 
It shall be unlawful for any person, firm or corporation, employed by a homeowner or business to perform work on said homeowner's or business' premises, to deposit, throw or scatter, or suffer, permit or allow to be deposited upon the public or private property located within the Village of Westbury any accumulated filth, dirt, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles or glass of any kind or any other kind of rubbish or waste material which has been collected by said person, firm or corporation while in the employ of a homeowner or business.
[Added 12-2-1999 by L.L. No. 3-1999]
[Amended 12-2-1999 by L.L. No. 3-1999]
No tree, bush, shrub, fence, wall or other structure located on any land at or near any intersection on any Village street shall be allowed by the owner or owners thereof to remain if it obstructs or interferes with the view of either intersecting Village street by drivers of vehicles, on either Village street, at a point more than 21/2 feet and less than six feet above the street level and within 20 feet of the point of intersection of the two Village streets, but this prohibition shall not apply to buildings to the effective date of this chapter, or so long as there is on file with the Village Clerk a certificate signed by the Commissioner of Police and Public Safety that the erection or maintenance of the tree, bush, shrub, fence, wall or other structure does not constitute a traffic hazard. Nothing herein shall prevent the withdrawal by the Commissioner of Police and Public Safety of a certificate previously filed with the Village Clerk.[1]
[1]
Editor's Note: Former § 31-3, Suitable protection required for excavations and dangerous conditions, which immediately followed this section, was deleted 12-2-1999 by L.L. No. 3-1999.
[Amended 12-2-1999 by L.L. No. 3-1999]
All persons owning or in control of land abutting upon sidewalks, Village streets or public places shall keep said parcel or parcels of land in a neat and orderly condition, including the cutting of the grass and weeds, trimming of bushes, shrubbery and the like at least twice a year, once in June and once in August. Grass and weeds shall be maintained at a height no greater than six inches.
[Amended 12-2-1999 by L.L. No. 3-1999]
No person shall deface, damage or destroy any tree, bush, shrub or plant located within the boundaries of any Village street or public place, provided that nothing herein shall prevent a property owner from trimming or cutting any plant, bush, shrub, tree or flower located directly in front of his own property for the purpose of maintaining neatness and order.
[Added 3-21-1985 by L.L. No. 2-1985; amended 7-16-1992 by L.L. No. 5-1992]
A. 
No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any abandoned, partially dismantled, damaged, wrecked, junked, discarded or otherwise inoperable motor vehicle, whether or not bearing thereon currently effective registration plates, tabs or stickers, to remain on such property for longer than 10 days, except as hereinafter provided.
B. 
This regulation shall not apply with regard to any motor vehicle that is:
(1) 
Wholly enclosed within a building located on said premises or so located upon the premises as not to be visible from any public place or from any surrounding or adjoining private property.
(2) 
Located upon premises situated in a district zoned for business or industrial use, or where a business or industrial use may lawfully be conducted on such premises.
(3) 
Maintained or stored in an appropriate storage facility or depository maintained in a lawful manner by the Village or other public agency or authority.
(4) 
Permit.
[Added 10-1-2009 by L.L. No. 12-2009]
(a) 
Any individual or party may apply to the Senior Building Inspector or his designated agent for a permit to leave on his or her real property an unregistered motor vehicle that violates any of the subsections of § 187-5, and the granting or denial of the issuance of the permit shall be the decision of the Senior Building Inspector or his designated agent.
(b) 
Any permit or renewal permit may be issued by the Senior Building Inspector or his designated agent as set forth above and shall be for a six-month period, except that the Senior Building Inspector or his designated agent may, at any time during said six-month period, revoke and annul said permit or renewal permit if it is determined by the Senior Building Inspector or his designated agent that the recipient of the permit or the renewal permit has not complied with the intent of this chapter or the rules and regulations of the Village relating to the same. Said revocation or annulling of the permit or renewal permit shall be by certified mail, return receipt requested, to the recipient of the permit or renewal permit, and upon said service by certified mail, return receipt requested, the permit or renewal permit shall be revoked and annulled effective immediately.
(c) 
Said permit may be renewed for an additional six-month period, subject to the decision of the Senior Building Inspector or his designated agent.
C. 
Notice; removal by Village.
[Amended 12-2-1999 by L.L. No. 3-1999; 10-1-2009 by L.L. No. 12-2009]
(1) 
The Senior Building Inspector or other officer or employee of the Village designated by the Mayor to enforce the provisions of this chapter, upon determining that a motor vehicle in a condition described in Subsection A of this section is being kept or maintained upon private property in violation of the provisions hereof, shall cause notice by certified mail, return receipt requested, or in person, to be given to the owner and to the lessee, tenant, occupant or other maintainer of said premises directing that said motor vehicle either be removed from said premises or relocated thereon in such manner as not to be visible from any public place or from any surrounding or adjoining private property, not later than 10 days after such notice is served.
(2) 
In the event that the remedial action specified in Subsection C(1) herein is not taken within 10 days after such notice is served, the Village shall serve upon the owner and the lessee, tenant, occupant or other maintainer of said premises a summons, with 20 days' notice, with a copy of charges attached advising thereto, advising that a hearing will be held before a Village Magistrate to determine whether said owner, lessee, tenant, occupant or other maintainer of said premises has violated the provisions of this chapter with regard to an abandoned, partially dismantled, damaged, wrecked, junked, discarded or otherwise nonoperating or inoperable motor vehicle.
(3) 
Upon a hearing having been held pursuant to Subsection C(2) above, and the court having found that the owner, lessee, tenant, occupant or other maintainer of the premises has violated § 187-5 of this chapter, the Senior Building Inspector or other officer or employee of the Village designated by the Mayor may enter upon such premises and remove said abandoned, partially dismantled, damaged, wrecked, junked, discarded or otherwise nonoperating or inoperable motor vehicle and shall dispose of the same in the same manner provided for disposal of a vehicle that is abandoned or found on a Village street.
(4) 
The cost of such removal and disposal and any towing or storage charges incurred by the Village in connection therewith shall be billed to the record owner of said premises, as appears from the then-current real property tax roll and, if not paid within 30 days thereafter, shall be assessed upon the real property from which said motor vehicle, or any part thereof, was removed pursuant to this section. Said cost shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the same manner provided by law for the collection of delinquent taxes.
(5) 
Notwithstanding the foregoing, the Senior Building Inspector or other officer or employee of the Village designated by the Mayor shall have the right to immediately remove from private property any vehicle which he determines to present an imminent danger to person or property.
D. 
Presumption. The fact that an unregistered motor vehicle or a motor vehicle without license plates affixed to it is being stored on private property shall be presumptive evidence that such motor vehicle has been abandoned.
[Added 10-1-2009 by L.L. No. 12-2009]
[Added 8-7-2014 by L.L. No. 9-2014]
A. 
Definitions and word usage.
(1) 
The following definitions shall govern the interpretation of this section unless otherwise expressly defined herein. Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
(2) 
As used in this section, the following terms shall have the meanings indicated:
BAMBOO
Any tropical or semi-tropical grass of the genera Bambusa, Dendrocalamus or of any other related genera that is classified as a leptomorph and including but not limited to Arundinaria, Hibanobambusa, Indocalamus, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasella, Semiarundinaria, Shibataea and Yushania.
BAMBOO PROPERTY OWNER
A property owner in the Village of Westbury who has planted or grown or caused the planting or growing of bamboo on his property and/or permitted or permits the growing of bamboo on his property that had initially encroached onto his property from an adjoining or neighboring property.
B. 
Applicability. For purposes of this section, if bamboo is found growing upon a property, that shall constitute presumptive evidence that the growing of bamboo on the property shall have occurred with the consent of the owner of such property, except that such property owner shall not be presumed to be a bamboo property owner if the property owner did not plant or grow or cause said bamboo to be planted or grown on this property and he shall provide the Senior Building Inspector with proof, satisfactory to the Senior Building Inspector, that within a reasonable period of time after he first learned of the encroachment of bamboo on his property from an adjoining or neighboring property he advised the owner of such adjoining or neighboring property of his objection to the encroachment of bamboo onto his property and/or initiated steps for the removal of the bamboo from his property.
C. 
Prohibition. Effective upon the date that this provision shall become law, the planting or growing of bamboo shall be prohibited within the Village of Westbury unless:
(1) 
The root system of such bamboo plant is entirely contained within an above-ground-level planter, barrier or other vessel of such design, material and location as to entirely prevent the spread/growth of the bamboo plant's root system beyond the container in which it is planted; or
(2) 
Bamboo planted or growing in a container [under Subsection C(1) above] shall be located, trimmed and maintained so that no part of the plant (including stalks, branches, leaves, and/or roots) shall extend nearer than 10 feet to any property line.
(3) 
Any person who thereafter plants or grows, or causes to be planted or grown, bamboo within the Village, except as under the conditions set forth in Subsection C(1), or any person who thereafter plants or grows or causes to be planted or grown bamboo within the Village under the conditions set forth in Subsection C(1) above, yet said ground-level, planter, vessel or container fails to contain said bamboo, shall be deemed to be in violation of this section, and shall be subject to such penalties as are set forth hereunder.
D. 
Regulations regarding preexisting bamboo. Any bamboo which has been planted or otherwise permitted to grow on any property within the Village of Westbury, prior to the effective date of this section, may remain on such property subject to compliance with this section. Each bamboo property owner shall be responsible to ensure that the bamboo planted or growing on his property prior to the effective date of this section does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and rights-of-way held by the Village. The Senior Building Inspector may from time to time prescribe such rules and regulations as may be necessary to give effect of this section.
E. 
Notice to remove bamboo encroaching on Village property; liability of property owner.
(1) 
In the event that bamboo growing on a bamboo property owner's property invades or grows on adjoining or neighboring property that is owned or held on behalf of the Village of Westbury, the Village shall notify the bamboo property owner that the bamboo said owner had planted or caused to plant and permitted to grow on his property has invaded Village property and that the bamboo property owner is responsible for the removal of such bamboo from the Village property. This notice shall be sent by certified mail, return receipt requested, and by regular mail to the latest address of the bamboo property owner on file with the Village, and a copy of the notice shall also be left in a conspicuous location on the bamboo property owner's property in the Village.
(2) 
In the event that the bamboo property owner does not remove or contract for the removal of said bamboo from the Village property, or does not make an arrangement with the Village for removal of such bamboo within 30 days from the date the Village first deposited the notice as provided in Subsection E(1) above with the United States Postal Service, then the Village, at its discretion, may remove or arrange for the removal of such bamboo from the Village property. The bamboo property owner shall be liable and responsible to the Village for the Village's costs in removing the bamboo from the Village property. Such costs may be assessed against the property of the bamboo property owner as a tax payable by such bamboo property owner in the event that the costs remain unpaid more than 30 days after the demand of payment has been made by the Village on the bamboo property owner.
(3) 
In the event that the Village is compelled to undertake the removal or to contract for the undertaking of removal of bamboo, as provided for in Subsection E(2) above, neither the Village nor its employees shall have any liability for damages or other claims to the bamboo property owner by reason of the removal of such bamboo. In the event such removal entails or causes damages to the flora or other property of a person other than the property of the bamboo property owner, the bamboo property owner in violation of this section shall be responsible for such damages.
F. 
Notice to remove bamboo of bamboo property owner which encroaches on private property of an adjacent private property; owner; liability of bamboo property owner.
(1) 
In the event that bamboo growing on a bamboo property owner's property invades or grows on adjoining or neighboring property that is owned or held by a private property owner, upon the adjoining or neighboring private property owner filing a sworn complaint with the Senior Building Inspector alleging that a bamboo property owner has caused or permitted bamboo to invade the property of the adjoining or neighboring private property owner, the Village shall notify the bamboo property owner that the bamboo said bamboo property owner has planted or caused to plant and permitted to grow on his property has invaded the private property owner's property and that the bamboo property owner is responsible for the removal of such bamboo from his property and the property of the adjoining or neighboring private property owner. This notice shall be sent by certified mail, return receipt requested, and by regular mail to the latest address of the bamboo property owner on file with the Village, and a copy of the notice shall also be left in a conspicuous location on the bamboo property owner's property in the Village.
(2) 
In the event that the bamboo property owner does not contract for the removal of the bamboo at the bamboo property owner's expense from the property of the private property owner, or does not make an arrangement with the private property owner for removal of such bamboo and for the removal of the bamboo on his property within 30 days from the date the Village first deposited the notice as provided in Subsection F(1) above with the United States Postal Service, then such bamboo property owner shall be deemed to be in violation of this section, and shall be subject to such penalties as set forth herein.
G. 
Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this section may not be replanted or replaced in kind once such bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed.
H. 
Planting of other invasive species prohibited. The planting of any invasive plant species which are currently or heretofore prohibited on the Nassau County, New York State or United States government banned invasive species list is hereby prohibited.
I. 
Conflict with existing laws. Nothing contained in this section shall serve to supersede the provisions of § 187-2 of the Property Maintenance Law.