[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-1968 by Ord. No. 1-1968 as Ch. 47 of the 1968 Code of the Village of Lindenhurst]
It is hereby declared that the outdoor storage and maintenance of abandoned, junked, discarded, dismantled and unlicensed motor vehicles, household appliances, rubbish and debris upon privately owned properties within the Village of Lindenhurst is a matter affecting the public interest. Such storage and maintenance constitutes a nuisance, an unsightly condition and a source of vexation and annoyance not only to the owners and occupants of adjoining lands but also to the general public. The preservation of peace and good order, the safeguarding of health, safety and general welfare and the protection of private property compels the Village Board of the Village of Lindenhurst to legislate upon this subject matter.
As used in this Article, the following words and phrases are intended to include, for the purposes hereof, and are defined as follows:
- Any stove, washing machine, dryer, freezer, refrigerator or other household device or equipment abandoned, junked, discarded, wholly or partially dismantled or no longer intended or in condition for ordinary use for the purpose for which it was designed originally.
- MOTOR VEHICLE
- Any and all vehicles propelled or drawn by power other than muscular power intended for use on public highways; any unregistered, old or secondhand motor vehicle or trailer; any motor vehicle in such condition or state of repair that it cannot be licensed immediately without extensive repair; and any abandoned, junked, discarded, wholly or partially dismantled motor vehicle no longer intended or in condition for legal use on the public highways.
- OUTDOOR STORAGE
- The placing, maintaining or keeping of any motor vehicle, appliance, rubbish and debris, as the same are defined herein, in a place other than a structure with a roof and fully enclosed on all sides.
- The person having legal title to property and also the person shown as owner of the property on the current assessment rolls of the Village of Lindenhurst.
- An individual, partnership, association, corporation or legal representative.
- PRIVATE PROPERTY OR PRIVATE PREMISES
- Any real estate or part thereof, yard or driveway, other than that used as a public place, road, street or highway situated in the Village of Lindenhurst.
- RUBBISH OR DEBRIS
- Ordinary household or store trash of an inflammable character, such as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets, rubber tires, lumber, brick, stone and other building materials, no longer intended or in condition for ordinary use; any and all tangible personal property no longer intended or in condition for ordinary and customary use.
[Amended 6-16-1992 by L.L. No. 2-1992; 10-3-2017 by L.L. No. 5-2017]
It shall be unlawful for any person, entity, firm, corporation or limited liability company as owner, occupant, lessee, agent or in any capacity, to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discarded, wholly or partially dismantled motor vehicle or any improperly licensed motor vehicle, unlicensed motor vehicle, uninspected motor vehicle, or any appliance, rubbish or debris, upon any private property within the limits of the village.
Whenever it shall appear that the provisions of this Article are violated, the Building Inspector or such other person or agency authorized by the Village Board to have jurisdiction thereof shall make an inspection of the property and shall prepare a written report of the conditions found, which report shall be filed with the Village Administrator Clerk. If such conditions existing on the property violate the provisions of this Article, the Village Administrator Clerk shall serve or cause to be served a written notice, either personally or by certified mail, upon the owner, lessee or occupant of said premises. Such notice shall contain substantially the following:
The name of the owner, lessee or occupant of the premises.
The address or location of the premises.
The identification of the premises as the same appear on the current assessment roll of the village.
A statement of the condition of the premises as found on the inspection.
A demand that the motor vehicle, appliance, rubbish or debris be removed from the premises on or before five days after the service or mailing of such notice.
A statement that a failure or refusal to comply with the provisions of this Article and the notice given pursuant thereto within the time specified will result in a duly authorized officer, agent or employee of the village entering upon the property and removing such motor vehicle, appliance, rubbish and debris and causing the same to be disposed of or otherwise destroyed.
A statement that the cost and expense of such removal shall be certified to the Assessor of the village and shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
[Amended 6-16-1992 by L.L. No. 2-1992]
Any owner, lessee or occupant who shall violate this Article or who shall fail or refuse to comply with the provisions of any written notice herein provided for or who shall refuse to remove any motor vehicle, appliance, rubbish or debris, as directed by this Article, or who shall resist or obstruct the duly authorized officer, agent or employee of the village in the removal or destruction thereof shall be guilty of an offense.
Any person, corporation or association violating any of the provisions of this Article shall be punishable by a fine not less than $50 nor more than $1,000.
[Amended 9-8-1987 by L.L. No. 13-1987; 6-16-1992 by L.L. No. 2-1992]
Failure to serve written notice as required herein shall not be construed as the absence of a violation under this article.
[Added 6-16-1992 by L.L. No. 2-1992]
Any person who shall willfully and intentionally place any motor vehicle, appliance, rubbish or debris, as the same are defined in this Article, upon any property not owned, leased or lawfully occupied by such person shall be deemed to have violated this Article and shall be subject to all the penalties herein provided.
This Article shall not apply to any junkyard duly licensed under other ordinances of the Village of Lindenhurst.
[Added 6-20-1989 by L.L. No. 7-1989]
A motor vehicle or trailer shall be deemed to be abandoned if:
Left unattended with no number plates, improper plates or stickers affixed thereto on any highway or public place for more than six hours.
Not properly registered by New York State or any other state for more than 24 hours.
Left unattended for more than 24 hours on any village street, highway or public place on which parking is legally permitted.
Left unattended for more than 96 hours on property of another if left without permission of the owner.
Parked or placed on any village street, highway or public place and found not suitable for operation on public highways, as determined by a duly authorized ordinance enforcement officer of the Incorporated Village of Lindenhurst, for more than 24 hours.
Parked or left unattended on any village street, highway, sidewalk or public place as to obstruct the flow of vehicular or pedestrian traffic or as to create a safety hazard or public nuisance or as to obstruct or impede snow removal equipment or any emergency vehicle.
[Added 6-20-1989 by L.L. No. 7-1989]
It shall be unlawful for any person, his agent, designee or employee to park or leave unattended or to suffer or permit to be parked or left unattended any abandoned vehicle on any public village street, highway or place.
[Added 6-20-1989 by L.L. No. 7-1989]
When a vehicle has been abandoned within the meaning of this code, the duly authorized ordinance enforcement officer shall cause such vehicle to be removed, stored or disposed of in the interest of public welfare, safety or convenience and in compliance with the laws of the State of New York. The last registered owner of such abandoned vehicle shall be liable to the Incorporated Village of Lindenhurst for the cost of removal, storage or disposal of such vehicle.
[Added 6-20-1989 by L.L. No. 7-1989; amended 6-16-1992 by L.L. No. 2-1992]
Any person, corporation or partnership violating the provisions of § 155-9 shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of not less than $100 nor more than $1,000.