[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.
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.
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.
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.
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:
A.
The name of the owner, lessee or occupant of the premises.
B.
The address or location of the premises.
C.
The identification of the premises as the same appear
on the current assessment roll of the Village.
D.
A statement of the condition of the premises as found
on the inspection.
E.
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.
F.
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.
G.
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]
A.
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.
B.
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]
C.
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.[1]
[Added 6-20-1989 by L.L. No. 7-1989]
A motor vehicle or trailer shall be deemed to
be abandoned if:
A.
Left unattended with no number plates, improper plates
or stickers affixed thereto on any highway or public place for more
than six hours.
B.
Not properly registered by New York State or any other
state for more than 24 hours.
C.
Left unattended for more than 24 hours on any Village
street, highway or public place on which parking is legally permitted.
D.
Left unattended for more than 96 hours on property
of another if left without permission of the owner.
E.
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.
F.
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.
