[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 4-24-2024 by L.L. No. 6-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 52, Brush, Grass, Trees, Branches, Rubbish and Debris, adopted 7-29-1931 by Ord. No. 3, as amended in its entirety 11-19-2002 by L.L. No. 4-2002.
Owner
Any individual, partnership, company, corporation, association, firm, organization, administration, department, institutional organization, or any other group of individuals or any person or employee thereof that owns, occupies, manages, or controls real property in the Village.
Village
The Incorporated Village of Sands Point.
Village Board
The Board of Trustees of the Village.
A. 
Every Owner shall be responsible to cut, trim, or remove unsightly brush, grass, rubbish, debris, hazardous or fallen trees and branches, or noxious and other rank growths, growing or existing on such land or shall cause such rubbish, debris, or growth to be cut, trimmed or removed and to keep such land substantially free from the presence thereon of such unsightly, hazardous or noxious conditions. Every Owner shall be responsible to ensure that no impediments to traffic or pedestrians, or obstructions to the view of traffic or pedestrians, exist on property they own in the Village.
B. 
Every Owner shall be responsible to cut, trim or remove any brush, grass, rubbish, debris, fallen or hazardous trees or branches, or noxious or other rank growths on the land that are or are likely to become a health hazard, fire hazard, dangerous to persons or property, or a harbor for rats, mice, or other vermin.
C. 
Every Owner shall be responsible to maintain such land up to the street line, in accordance with the requirements of Subsections A and B above.
D. 
Every Owner of waterfront property shall be responsible to reasonably maintain the beach down to the mean high-water mark in accordance with the requirements of Subsections A and B above.
E. 
The provisions herein pertaining to the removal, destruction, or substantial alteration of any tree or branch shall be subject to and enforced in conjunction with Chapter 157 of the Village Code and its permit requirements.
A. 
When there is a violation of § 52-2, the Village shall be authorized to issue an appearance ticket to an Owner that shall be returnable in Village Justice Court. Any Owner violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not less than $250 and no more than $1,000 for each violation regardless of any convictions for prior violations. If the violation is of a continuing nature, each day during which any of these offenses occurs shall constitute an additional, separate, and distinct offense.
B. 
In addition to the issuance of an appearance ticket returnable in Village Justice Court, the Village may cause a separate notice of violation to be issued to an Owner. Said notice shall be in writing and served personally or by certified mail or by nationally recognized courier that can provide proof of delivery. The notice shall:
(1) 
Inform the Owner that there is a violation of § 52-2.
(2) 
Specify the reason for the violation.
(3) 
Inform the Owner that should they disagree with the conclusion of the Village as to the violation, they shall have seven days from receipt of the notice to request a hearing on the matter before the Village Board.
(4) 
Inform the Owner that if they fail to cure the violation within seven days of the receipt of the notice, or if the Owner fails to request a hearing before the Village Board on the matter within seven days of receipt of the notice, the Village may perform the work required to cure the violation. The curing of the violation shall be the sole expense of the Owner.
(5) 
The issuance of the notice to perform corrective work shall be an additional remedy available to the Village, and shall not preclude the prosecution of the appearance ticket in Village Justice Court.
C. 
When the Village cures the violation, as set forth in § 52-3B of this chapter, the costs attendant to such curing shall be assessed against the property involved. These costs shall constitute a lien and charge against that property and shall be collected by the Village in the manner provided by law for the collection of delinquent taxes.