The Board of Trustees of the Village of Chestnut Ridge determines and declares it to be in the interest of the residents of the Village to prevent the maintenance of any parcel of real property in such a cluttered or unclean condition as to create the potential for a public nuisance, a public health hazard or which renders it aesthetically offensive to the common sensibilities of an average resident applying community standards. Furthermore, the Village Board hereby determines that it is necessary for the public health, appearance, safety and welfare of the residents of the Village to provide a method whereby vacant lots, improved properties and public lands within the Village of Chestnut Ridge are kept clean, properly maintained and kept free from vermin, nuisances, hazards, debris and litter.
[Adopted 8-20-1987 by L.L. No. 22-1987; amended in its entirety 12-12-2013 by L.L. No. 4-2013]
As used in this article, the following terms shall have the meanings indicated:
An enclosed area or otherwise covered container for the temporary collection, compacting and storage of a public nuisance, health hazard, debris and litter as defined herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any waste material, including but not limited to garbage or other putrescible substance, refuse, rubbish, recyclable materials put out on days other than recyclable collection days (including but not limited to cardboard, cardboard containers, and paper materials); inoperable vehicles and parts; discarded furniture, appliances, water heaters, bottles or cans; building or construction materials or supplies when stored outside on a site where no active construction is taking place or where active construction is taking place on site but such construction materials or supplies are waste materials to be discarded during the construction process but are stored on site for a period of time in excess of 48 hours, or where active construction is taking place on site and such construction materials or supplies are to be used in the construction process but are being stored on site in an unsightly, haphazard, or scattered manner for a period of time in excess of 48 hours; storage units used to store personal property, tools or equipment which are kept on property for a period of time in excess of 14 days; discarded or strewn papers or material or other junk substances; tree stumps, tree trunks, branches or limbs that have fallen or been cut down; or any other matter attractive to vermin, likely to breed disease, present a fire hazard, create offensive odors or is otherwise prejudicial to good health or being so unsightly of appearances as to be offensive to surrounding properties.
[Amended 9-15-2016 by L.L. No. 2-2016]
A car, truck, camper, van, boat, boat trailer, commercial trailer, motorcycle, go-cart or any other motorized or nonmotorized object which has as its main purpose the storage or movement of people or animals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
It shall be an offense for any person to abandon, leave, dump, store or keep any public nuisance, health hazard, litter, debris or matter attractive to vermin upon any public place or upon any privately owned property or right-of-way within the Village of Chestnut Ridge except as permitted by Subsection B hereof.
B.
The owner, tenant or occupant of property being used for residential or commercial purposes located within the Village of Chestnut Ridge is hereby required to maintain at all times one or more dumpsters, containers or enclosures of adequate size to temporarily store all public nuisance, health hazard, debris and litter until removed. The failure to comply with this subsection shall be deemed an offense.
C.
All owners, occupants or tenants of any privately owned property, improved or vacant, within the Village of Chestnut Ridge, shall maintain grass or other ground cover, trees and shrubbery in a safe condition, free of noxious weeds and otherwise free of public nuisance, health hazard, debris, litter and unsightly materials. For the purposes of this provision, all grass shall be kept trimmed to a height of no greater than 10 inches. The dead or diseased trees or any portion thereof which present any hazard to life or property shall be removed. No owner, tenant, or occupant shall blow leaves or other debris onto adjacent property or property lines. The failure to maintain property as required by this subsection shall be deemed an offense.
The owner, tenant or occupant of any property located within the Village of Chestnut Ridge shall not park, permit or allow the exterior parking or storage of more than one unregistered vehicle on such property; nor shall such owner, tenant or occupant park or permit the parking of any registered or unregistered vehicle in any manner which would violate Chapter 290, Zoning, of the Code of the Village of Chestnut Ridge. The failure of any owner, occupant or tenant to comply with these requirements or of the requirements of Chapter 290, Zoning, of the Code of the Village of Chestnut Ridge shall be deemed an offense under this section.
[Amended 9-15-2016 by L.L. No. 2-2016]
Whenever the Village Code Enforcement Officer, Building Inspector or Fire Inspector determines that a violation of this article has occurred, he/she shall serve notice of violation by physically affixing a notice of violation on the property, or by serving such notice of violation personally upon any owner, tenant and/or occupant of the property, or by certified mail upon the last known owner of the property on which such violation exists as shown on the last preceding assessment roll. Such notice shall give the owner, tenant, and/or occupant 10 days to correct the violation. The owner, tenant, and/or occupant shall remove such public nuisance, health hazard, litter, or debris, or shall cut such grass within the time period specified in such notice, failing which an appearance ticket charging a violation of this article returnable in the Chestnut Ridge Justice Court may immediately be served upon the owner, tenant and/or occupant in the manner set forth in this section.
A.
In the event that an owner tenant, and/or occupant fails remove such public nuisance, health hazard, litter, or debris, or fails to cut such grass within the time period specified in a notice duly served in accord with the provisions of § 199-5 of this article, the Village Board of Trustees may, by resolution adopted at a regularly scheduled or special Village Board meeting, determine that the owner, tenant and/or occupant's failure to comply with this article constitutes a public nuisance or public health hazard, and the Board of Trustees, or its designee, shall cause the violation to be corrected and the entire expense thereof shall be assessed against the property, constitute a lien against the property, which shall be collected in the same manner as all Village special assessments.
[Amended 9-15-2016 by L.L. No. 2-2016]
B.
If, after such hearing, the Board of Trustees determines that the continued deposit of such public nuisance, health hazard, litter, debris or materials or the failure to cut said grass or weeds is aesthetically offensive or constitutes a public nuisance or public health hazard, it shall give notice of such findings by certified mail addressed to the owner of record of said property. Such notice shall further state that in the event the violation has not been fully corrected within 10 days, the Board of Trustees, or its designees, shall cause the violation to be corrected and that the entire expense thereof shall be assessed against the property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
If said violation has not been fully corrected at the expiration of the aforesaid ten-day period, the Board of Trustees shall proceed to take whatever action it deems necessary to cause the public nuisance, health hazard, litter, debris, junk, rubbish or other waste materials to be removed from the property or the grass or weeds to be cut. The total expense of such work shall be assessed against such property in the manner provided in Subsection D below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
The Board of Trustees, or its designee, shall serve a written notice personally or by certified mail upon the record owner of the property as shown on the last preceding assessment roll stating that at a time and place specified therein, it will assess the cost of removal of materials or cutting of grass or weeds against the subject property. Such notice shall be served at least eight days prior to the time specified in said notice. The amount assessed shall constitute a lien on said property and shall be collected in the same manner as all Village special assessments.
A.
Any person failing to comply with a lawful order pursuant to this article, or committing an offense against any provision of this article, shall be guilty of a violation punishable by a fine not exceeding $500 for a first offense, $1,000 for a second offense committed within any twelve-month period after a first offense has been committed, and $1,500 for any third offense committed within any twenty-four-month period after a first or second offense has been committed. Any additional offense committed within the same twenty-four-month period shall be subject to a fine of not less than $5,000.
B.
The continuation of an offense against the provisions of this article shall constitute, for each week the offense is continued, a separate and distinct offense hereunder.
C.
In addition to all other remedies provided for herein, the Board of Trustees may also enforce obedience to this article by injunction or by any other remedy available to it by virtue of judicial process.