[HISTORY: Adopted by the Board of Trustees of the Village
of South Nyack as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-19-1923; amended
in its entirety 10-10-1967]
A.Â
No person, firm or corporation shall throw, dump, deposit or place
or cause to be thrown, dumped, deposited or placed upon any street,
sidewalk or public place in this Village or within the limits of the
right-of-way of such street or sidewalk or upon private lands adjacent
to any such street, sidewalk, right-of-way or public place any refuse,
trash, garbage, rubbish, litter or any nauseous or offensive matter
or liquid.
[Amended 5-23-1995 by L.L. No. 4-1995; 6-25-2019 by L.L. No. 3-2019]
Every person, firm or corporation guilty of violating this article shall be subject to a Type A penalty as set forth in § 1-15 of the Village Code.
[Adopted 4-26-1988 by L.L. No. 2-1988]
The Board of Trustees of the Village of South Nyack finds and
declares it to be the public policy of the Village to prevent the
maintenance, in a cluttered or unclean condition, of any parcel of
real property in the Village or the sidewalk abutting such property
which renders it aesthetically offensive or creates the potential
for a public nuisance or a public health hazard.
No litter, debris, junk, rubbish or other waste materials of
any kind shall be left deposited on any lot or sidewalk in the Village
of South Nyack.
Whenever the Code Inspector or the Superintendent of Public
Works determines that a violation of this article has occurred, 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 or which abuts the sidewalk 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 10 days to correct the violation. The
owner shall remove such litter, debris, junk, rubbish or other waste
materials from such property or sidewalk, or shall cause such materials
to be removed, within the time specified in said notice.
[Amended 6-25-2019 by L.L. No. 3-2019]
A.Â
Whenever the Board of Trustees shall have reasonable cause to believe
that litter, debris, junk, rubbish or other waste materials have not
been removed within the time specified in the notice to remove, a
statement setting forth such facts shall be filed by the Mayor with
the Village Clerk. The Clerk shall thereupon cause written notice
to be served upon the owner thereof and upon the occupant thereof,
if any, by registered mail or by personal service. Such notice shall
state that the litter, debris, junk, rubbish or other waste material
shall be removed within 15 days after service of such notice or such
person, or persons, will be charged with a violation of this article.
B.Â
In the event that the owner or any party in interest fails to remove
the litter, debris, junk, rubbish or other waste material as directed
in the order and notice of the Board of Trustees within the time indicated
thereon, the Village may at any time thereafter enter upon the lands
and property and cause the litter, debris, junk, rubbish or other
waste material to be removed, and all costs and expenses incurred
therewith by the Village shall forthwith become a lien upon and against
the property or premises so affected and be collected in the same
manner and at the same time as Village taxes.
Nothing contained in this article shall prevent the Code Inspector,
the Superintendent of Public Works or the Board of Trustees from imposing
other violations or from taking any other action authorized by this
Code.
