As used in this article, the following terms shall have the
meanings indicated:
Any PODS®, box, bin, or other
similar-type storage vessel or receptacle located outdoors on a residential
property intended for the purpose of storing or keeping household
goods and/or other personal property.
A.
It shall be unlawful for any person, firm or corporation to place,
keep or maintain any storage container on any property improved with
a single-family dwelling for more than 48 hours without securing a
permit from the Village of Malverne. Any persons desiring a permit
to place or maintain a storage container shall file an application
with the Building Department. The form for this application shall
be available at the Department of Buildings and shall be sworn to
and filed by the applicant with the Department of Buildings.
B.
A fee as set from time to time by resolution of the Board of Trustees
shall be paid by the homeowner to the Incorporated Village of Malverne
for permission to place and maintain the storage container upon residential
property for a thirty-day period. There shall be a fee for each legal
extension of the permit.[1]
C.
Any person currently having a storage container on his/her property
shall have seven days from the effective date of this article to comply
with this article.
A.
No storage container shall be located on any portion of the front
yard of any residential property other than a paved portion of the
property's property.
B.
No storage container shall be placed and located in a manner which
obstructs the vision of pedestrians or traffic or otherwise poses
a danger to pedestrians and/or motorists as determined by the Superintendent
of Buildings.
C.
No food products or flammable materials shall be stored in any storage
containers.
D.
Storage containers shall be limited to a maximum size of eight feet
high by eight feet wide by 12 feet long.
E.
No more than one storage container shall be located on any residential
property at any time.
A.
The storage container shall be set back from any side yard a minimum
of four feet and from the front yard by a minimum of four feet. In
granting the permit, the Superintendent of Buildings shall consider
the rights of adjacent property owners so that there shall not be
any unreasonable deprivation of light, air or a reasonable use of
adjoining property.
B.
The Superintendent of Buildings for the Incorporated Village of Malverne
is hereby authorized, in the exercise of reasonable discretion, to
revoke any permit issued pursuant to this article if, after due investigation
and consideration, he deems that the holder thereof has violated any
provisions of this section or if the Superintendent of Buildings determines
the storage container is being maintained in an unsafe manner or is
being maintained as a nuisance. The Superintendent of Buildings is
also authorized to issue summonses for any violation of this section.
Written notice of any revocation of any permit granted pursuant to
this article shall be given, either by personal service upon the homeowner
or by depositing said notice in the United States Mail in a sealed
envelope, postage prepaid, addressed to such a person at the address
for which the permit was issued.
The Superintendent of Buildings may extend the permit for an
additional 30 days, provided the request for such extension is made
prior to the expiration of the thirty-day period. The Superintendent
of Buildings may grant up to two extensions upon demonstration that
there is a need for the storage container.
Any storage container placed or maintained upon a residential
property or remaining beyond the time periods specified in this article
without a proper unexpired permit is in violation of this article
and shall subject the property owner to a summons and penalty of up
to $250 per day for each day the storage container is upon the property
without a permit. Any such violation shall result in the issuance
of a summons by the Superintendent of Buildings returnable in Malverne
Village Court.
The provisions of this article may be varied only upon good
cause demonstrated to the Board of Trustees. The Board of Trustees
of the Incorporated Village of Malverne hereby reserves the right
to change by resolution any part of this article, including fees and
penalties. This article shall take effect immediately.
A.
No person, firm or corporation shall cause, suffer or permit any
dumpster to be parked or positioned on any street without the prior
written approval of the Village Police Department, the Superintendent
of Buildings and the Village Clerk on due application to the Village.
Such approval, in the form of a license or permit, shall be granted
on condition that the applicant provide insurance coverage naming
the Village as an additional insured. In addition, the dumpster must
comply with the safety rules and regulations promulgated from time
to time by the Village. The applicant must pay a license or permit
fee, in an amount established from time to time by resolution of the
Board of Trustees.
B.
Any violation of this section will be enforced by the issuance of
a summons by a police officer, returnable in Malverne Village Court,
with penalties of up to $250 per day for each day the dumpster is
placed on a street without a permit.
