[HISTORY: Adopted by the Board of Trustees of the Village
of Dering Harbor 3-17-2012 by L.L.
No. 3-2012. Amendments noted where applicable.]
Public nuisances and conditions pose a threat to the peace,
good order and safety of the Village of Dering Harbor and its residents,
the life and property of the residents of the Village of Dering Harbor,
and the roadways, rights-of-way and public property of the Village
of Dering Harbor. The purpose of this chapter is to prohibit and regulate
public nuisances and to provide for a procedure for the ability of
the Village of Dering Harbor to act to abate or remove public nuisances
in the Village and to assess the costs incurred by the Village in
the abatement or removal of the public nuisance to the owner of the
property where the public nuisance exists.
As used in this chapter, the following terms shall have the
meanings indicated:
Water in a swimming pool, pond or other body of water containing
bacterial growth, algae, remains of insects or deceased animals, reptiles,
rubbish, refuse, debris, papers or any other foreign material constituting
an unhealthy, unsafe or unsightly condition.
Any lot or lots and the buildings or structures located thereon.
The owner of the premises where a public nuisance is located
as indicated on the last tax assessment roll.
Unused or discarded matter having little or no substantial
market value, including, but not limited to, rubble, asphalt, concrete
and building material, plaster, tile, rocks, bricks, soil, crates,
cartons, containers, boxes, machinery, or parts thereof, scrap metal,
furniture, inoperative vehicles, vehicle bodies or parts thereof,
trimmings from plants or trees, cans, bottles and barrels.
Buildings and structures which are partially constructed
when the building permit for such construction has expired.
No person shall create, maintain or allow any nuisance as declared
in this chapter to remain on any premises within the Village of Dering
Harbor.
A.
The following are declared public nuisances:
(1)
Buildings or structures which are abandoned, partially destroyed
or in a state of partial construction.
(2)
Buildings or structures that have dry rot or warped materials, are
infested with termites, or the paint is cracked, peeled or blistered,
rendering the building unsightly.
(3)
Exterior walls, fences, driveways or sidewalks in a condition of
deterioration or disrepair which are defective or unsightly.
(4)
Broken windows, damaged doors or gates which constitute a health
or safety hazard or which act as an invitation to trespassers, vagrants,
wild or domestic animals or minor children.
(5)
Parking or storing construction equipment, machinery or building
materials in a residential zone, except during excavation, construction
or demolition operations conducted pursuant to a building or grading
permit.
(6)
Land graded which causes or may cause eroding, subsidence or surface
water or drainage problems and is injurious or potentially injurious
to adjacent properties and the public health, safety and welfare.
(7)
Any excavation, pit, well or hole maintained in a manner that is
dangerous to life or limb.
(8)
Any accumulation of dust, sand, gravel, refuse and waste matter or
discarded materials that endangers public health and safety.
(9)
Outdoor stairs, porches, hand railings, balconies and swings not
maintained in accordance with the Uniform Building Code of the State
of New York.
(10)
Any swimming pool, spa, pond, foundation or other body of water
which is abandoned, unattended, unfiltered or not otherwise maintained
resulting in polluted water.
(11)
Premises so maintained as to cause the accumulation of polluted
or stagnant water from any source which may cause a hazardous or unhealthy
condition, breeding area for insects or erosion of foundation walls
or soil.
(12)
The use of any spray paint, dye, chalk or similar substance
to mark or deface any building, structure, hillside, rock(s), storm
channel or any other surface open to public view, which is commonly
known as "graffiti."
(13)
Violation of any of the zoning or sign regulations of the Village
or any of the uniform codes in effect in the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(14)
Maintenance of property so out of harmony or conformity with
the maintenance standards of adjacent properties, which causes a substantial
diminution in the enjoyment, use or value of adjacent properties.
(15)
Outdoor burning of any material or structure unless authorized
by the Village or authorized representative by issuance of a permit.
(16)
Permitting any abandoned, unattended or discarded icebox, refrigerator,
freezer or other similar container with an airtight door or lid that
cannot be readily released from the inside to remain unattended inside
or outside any building or structure with door not removed.
(17)
Stockpiling fill dirt or other material.
(18)
Maintenance of grounds, landscape, shrubs, plants or vegetation
visible from the public right-of-way which causes a substantial diminution
in the enjoyment, use or value of adjacent properties.
(19)
Allowing the following to exist on property:
(a)
Lumber, junk, refuse and waste matter or abandoned, discarded
or unused objects or equipment such as furniture, appliances and play
equipment, which is visible from the public right-of-way.
(b)
Attractive nuisances, such as abandoned or broken equipment
and machinery, hazardous pools and excavations.
(c)
Materials stored on rooftops which are visible from the public
right-of-way.
(d)
Trash containers or plastic bags causing offensive odors or
a breeding place for flies.
(e)
Gasoline, oil, grease, water or other materials flowing on to
a right-of-way or an accumulation of refuse, waste, grease and oil
on any surface, including, but not limited to, surfaces such as improved
or unimproved ground, rights-of-way, buildings, structures, walls
or fences.
(f)
Any tree, shrubbery or plant growing onto or over the public
right-of-way which impairs pedestrian or vehicular traffic or prevents
drivers from clearly observing safety signs and signals.
(g)
Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs
and overgrown vegetation likely to harbor rats or vermin or constitute
an unsightly appearance or fire hazard.
(21)
Dumping or placing any rocks or dirt upon private property without
the consent of the state or local agency retaining jurisdiction over
such highway or property.
(22)
Repairing, storing or otherwise working on any motor vehicle
or parts thereof not belonging to the person residing on the premises
in any residential area within the Village unless:
(23)
Parking a vehicle in public view when a failure to maintain
its exterior causes such vehicle to constitute an eyesore. Vehicles
shall be deemed unsightly when body parts rust or become corroded,
paint becomes faded, chipped or peeled or the vehicle exterior becomes
otherwise dilapidated.
(24)
Sanding or painting a vehicle anywhere in a residential zone.
(25)
Failure to obscure vehicles and equipment which are stored in
a residential zone out of public view.
(26)
Storage of any item in a residential zone in a manner which
endangers public health and safety.
(27)
Any offensive or unwholesome business or establishment operated
in a manner dangerous to the public health, safety and welfare.
(28)
Those offenses declared a nuisance anywhere in the Code of the
Village or the statutes of the State of New York or known at common
law as nuisances when the same exist within the jurisdiction of the
Village.
(29)
A condition of erosion, decay or undermining of soil, roadway
or foundation which causes decay, undermining, instability or other
damage to adjoining properties or public properties, roadways or rights-of-way.
A.
Authorized representative. The Mayor and the Building Inspector or
their representative(s) are authorized to make inspections and take
such actions as may be required by this chapter to provide for the
abatement of public nuisances.
B.
Right of entry. Whenever there is reasonable cause to believe that
a condition, activity or use of property exists which constitutes
a public nuisance, the Mayor or Building Inspector or their representative(s)
may enter the premises at a reasonable time for the purpose of inspection.
If such premises is occupied, entry shall be requested and proper
credentials shall be presented. If such premises is unoccupied, a
reasonable effort shall be made to locate the property owner. If entry
is refused or if the property owner cannot be located after a reasonable
time, a twenty-four-hour written notice of intent to inspect shall
be left at the premises. The notice shall state that the property
owner has the right to refuse entry, and, if such entry is refused,
the Village may seek assistance from a court of competent jurisdiction
to obtain entry to inspect the premises.
A.
Dangerous buildings. Chapter 65, Buildings and Property Conditions, Unsafe, of the Code of the Village of Dering Harbor shall apply and preempt the provisions of this chapter whenever the public nuisance to be abated constitutes a dangerous building as defined in Chapter 65.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Notice of public nuisance. Upon determination that a public nuisance
exists, a written notice shall be issued to the property owner. The
notice shall read "Notice of Public Nuisance," in letters not less
than one inch in height. The written notice shall direct abatement
of the nuisance, identify the nuisance by referring to this chapter,
and contain a general description of the property sufficient to identify
the location of the public nuisance.
C.
Service of notice. The notice of public nuisance may be served by
one of the following methods:
D.
Time to abate. Public nuisances shall be abated by the property owner
no more than 21 days from the date of personal service or mailing
the notice of public nuisance, or, if a public nuisance constitutes
an immediate fire or other hazard, within five days of personal service
or mailing the notice of public nuisance.
E.
Summary abatement. Whenever a public nuisance exists which constitutes
an emergency presenting imminent danger to life or serious injury
to persons or property, an authorized representative of the Village
may, without notice or judicial action, order the immediate abatement
of the public nuisance.
F.
Appeal procedure. Within 10 days from the date of personal service
or mailing the notice of public nuisance, the property owner may appeal
the determination that a public nuisance exists to the Village Planning
Board. The appeal shall be in writing and filed with the Village Clerk.
At a regular meeting not more than 30 days thereafter, the Planning
Board shall proceed to hear and pass upon the appeal. The Planning
Board's decision may be appealed within 10 days of the decision by
written request to the Village Clerk. The Village Board of Trustees
shall hear the appeal at a regular meeting not more than 30 days from
the date of request.
G.
Failure to abate. If a public nuisance is not voluntarily abated
after notification, the following shall apply:
(1)
Prosecution. Failure to abate shall constitute an infraction of this
chapter. Each violation of this chapter shall be a separate violation.
(2)
Village to abate. The Village may cause the public nuisance to be
abated. The manner of abatement and costs incurred by the Village
to abate the public nuisance shall be reported to the Village Board
of Trustees by the Building Inspector immediately following abatement.
(3)
Judicial action. The Village may commence a civil action in a court
of competent jurisdiction to cause abatement of the public nuisance.
Reasonable attorney's fees and costs may be collected from the property
owner by the Village in any action to abate a public nuisance.
A.
Responsibility for costs. If the Village abates a public nuisance
pursuant to this chapter, the cost of abatement, including administrative,
legal, engineering, professional and other costs, may be assessed
as a lien against the property. Administrative costs shall be not
less than 25% of the actual costs of the abatement of the nuisance.
B.
Hearing on assessment. To determine if the cost of abatement shall
be assessed as a lien against the property, a hearing shall be held
by the Village Board of Trustees. The Village Clerk shall schedule
the hearing for the first regular meeting that is held at least seven
days following the filing of the Building Inspector's report on the
costs and manner of abating the public nuisance pursuant to this chapter.
The property owner shall be served written notice advising him or
her of the date, time and location of the hearing by personal service
or certified and regular mail. A property owner may pay the assessment
to the Village Clerk prior to the hearing to avoid a lien being placed
against the property. The Village Board of Trustees shall consider
any objections to the assessment at the hearing. If the Village Board
of Trustees determines that the cost of abatement shall be assessed
as a lien against the property, a resolution shall be adopted by the
Village Board of Trustees stating the amount of the assessment. The
Village Clerk shall prepare and file a certified copy of the resolution
with appropriate authority.
C.
Assessment and collection. The assessment shall be collected at the
same time and in the same manner as ordinary municipal taxes are collected.
If payment is delinquent, the assessment shall be subject to the same
penalties and procedure and sale as provided for ordinary municipal
taxes.
The penalties for a violation of any provision of this chapter
shall be a fine of up to $5,000. Each day that an offense shall exist
shall constitute a separate offense and violation of this chapter.
In the event that any section or sections of this chapter should
be deemed invalid, the remaining sections of this chapter shall remain
in full force and effect.
