This chapter shall be known and may be cited
as the "Property Maintenance and Rehabilitation Law of the Incorporated
Village of New Hyde Park."
For the purpose of this chapter, unless the
context requires otherwise, the following definitions shall apply:
ABANDONED VEHICLE
Any vehicle which has been cited in a written notice issued by the Building Department, the Board of Trustees or any other duty authorized agent of the Village, for a violation of the provisions of Subsection
A or
B of §
139-39 of this chapter, and which, for more than seven days following the date of such notice, continues to be stored, parked or otherwise maintained in violation of any order or directive to cure the offending condition or remove such vehicle as set forth in such notice.
[Added 6-15-1999 by L.L. No. 3-1999]
ACCESSORY BUILDING OR USE
A subordinate building or use customarily incidental to and
located on the same lot occupied by the main building or use.
ALTERATION
As applied to a building or structure, any change, whether
exterior or interior, whatsoever.
APARTMENT OR SUITE
A room or suite of two or more rooms occupied or intended
to be occupied as the home or residence of an individual, family or
household.
APPROVED
Approved by the Building Inspector of the Village.
BASEMENT
That space of a building that is partly below grade, which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established finished grade of the ground adjoining the
building.
BATHROOM
An enclosed space containing one or more water closets. It
may also contain additional plumbing fixtures, such as a lavatory,
bathtub or shower or other fixtures serving similar purposes.
BOARDER
One who rents a room in or a portion of a private residence
for living purposes with no cooking facilities in the room or portion
rented.
BUSINESS UNIT
A building used for business purposes, including but not
limited to shopping centers, supermarkets, retail stores, discount
houses, warehouses, manufacturing or fabrication plants, gasoline
service stations, public garages, motor vehicle repair shops or other
business uses.
CELLAR
That space of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average established finished grade of the ground
adjoining the building.
COURT
A required open and occupied space on the same lot and enclosed
on at least three sides by walls of a building.
DEBRIS
Any garbage, litter, used automotive parts, construction
waste, refuse or other solid waste.
[Added 11-5-1996 by L.L. No. 7-1996]
DWELLING
Any building which is wholly or partly used or arranged,
designed or intended to be occupied or used for living or sleeping
by one or more human occupants.
DWELLING, ONE-FAMILY
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
DWELLING, TWO-FAMILY
A building containing two dwelling units occupied exclusively
for residential purposes by families living independently of the other.
DWELLING UNIT
A living unit containing two or more habitable rooms with
provisions for living, cooking, eating, sanitary and sleeping facilities
arranged for the use of one family.
EXIT
A way of departure from the interior of a building or structure
to the exterior at street or grade, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes and all other
elements necessary for egress or escape.
FAMILY
Parents, grandparents, great grandparents, children, brothers
and sisters, whether natural or adopted, living and cooking together
on the premises as a single housekeeping unit.
GARAGE, COMMERCIAL
A building or part thereof, other than a private or private
residential garage, designed or intended and lawfully used for the
temporary storage and contemporaneous repair, servicing, alteration
or other care or maintenance of motor vehicles for a profit.
[Added 6-15-1999 by L.L. No. 3-1999]
GARAGE, PRIVATE
A detached accessory building or attached part or portion
of a main building, on a nonresidentially zoned parcel of land, designed
or intended for use, or capable of use, for the sheltered parking
and temporary storage of motor vehicles of the occupants of the main
building or building group to which the garage is accessory or forms
a part, and in which no service, occupation, business or other commercial
activity is carried on or conducted.
GARAGE, PRIVATE RESIDENTIAL
A nonhabitable accessory building, or that nonhabitable portion
attached to and forming a part of the dwelling or multiple dwelling,
on a residentially zoned parcel of land, designed and intended for
use, or capable of use, for the sheltered parking and temporary storage
of one or more passenger automobiles and other vehicles incidental
to the residential use and occupancy of the premises.
[Added 6-15-1999 by L.L. No. 3-1999]
GARBAGE
All putrescible animal or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
HABITABLE FLOOR AREA
In a dwelling, those rooms occupied or capable of being occupied
by one or more persons for living, eating and/or sleeping purposes;
on the first floor of such dwelling it shall be construed to mean
all finished floor area having a clear headroom of 71/2 feet or more,
including stairwells; on the second floor, it shall be construed to
mean all finished or unfinished floor area having a clear headroom
of 71/2 feet or more for a minimum horizontal measurement of seven
feet, with sidewalls of not less than 51/2 feet in height.
[Amended 11-5-1996 by L.L. No. 7-1996]
INFESTATION
The presence of insects, rodents, vermin or other pests.
JUNK VEHICLE
Any vehicle, including but not limited to a motor vehicle,
a motor home, a camper or RV (recreational vehicle), an ATV (off-road
all-terrain vehicle), a boat or other watercraft, and any type or
kind of towable trailer, which is in such a noticeably wrecked, damaged,
dismantled or partially dismantled condition, or in such other observable
state of physical or mechanical deterioration or disrepair, as to
actually or apparently render such vehicle incapable of legal use
and/or safe, proper and reasonable operation upon the public streets
and highways, upon the public waterways, or upon public lands, as
the case might be.
[Amended 11-5-1996 by L.L. No. 7-1996; 6-15-1999 by L.L. No. 3-1999]
KITCHEN
A space of 60 square feet or more in floor area, located
in a dwelling or other structure, and designed or intended or actually
so used for the preparation and cooking or warming of food.
[Amended 11-5-1996 by L.L. No. 7-1996]
KITCHENETTE
A space of less than 60 square feet in floor area, located
in a dwelling or other structure, and designed and intended or actually
so used for the preparation and cooking or warming of food.
[Amended 11-5-1996 by L.L. No. 7-1996]
LOT
Also means plot, tract, premises or parcel of land, with
or without buildings or structures located thereon, as surveyed and
apportioned for sale or other purposes.
MIXED OCCUPANCY
Occupancy of a building or structure in part for one use
and in part for another use not customarily accessory or incidental
to the other.
[Amended 11-5-1996 by L.L. No. 7-1996]
MOBILE HOME
A structure originally manufactured as a movable living unit.
MULTIPLE DWELLING
A dwelling which is designed or intended to be occupied or
is occupied as a temporary or permanent residence or home of three
or more families living independently of each other.
NONHABITABLE ROOMS
Rooms within a dwelling, such as bathrooms, water closet
compartments, laundries, serving and storage pantries, corridors,
cellars and similar spaces, that are not used frequently or during
extended periods.
PLUMBING SYSTEM
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances, within the property lines of the premises.
POTABLE WATER
Water which is approved for drinking, culinary and domestic
purposes.
PRIVATE DWELLING
A one- or two-family dwelling occupied exclusively for residence
purposes by one or two families, respectively, as defined in this
section.
PUBLIC SPACE
Space within a building which is dedicated to or for a public
use, such as a lobby, lounge, reception hall, meeting or conference
room, recreation or lecture room, dining or banquet room, swimming
pool or other similar public gathering places.
[Amended 11-5-1996 by L.L. No. 7-1996]
REFUSE
All cardboard, plastic, metal or glass food containers, wastepaper,
rags, sweepings, small pieces of wood, excelsior, rubber, leather
and similar waste material that ordinarily accumulates around a home,
business or industry.
SEWAGE
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
STORAGE YARD
A fully fenced and screened, open-air, off-street lot or portion of a lot lawfully used for the temporary storage of junk vehicles or other motor vehicles awaiting service or repair, in connection with and incidental to a towing business licensed under, and conforming with, the regulations of Chapter
181 of the Village Code.
[Added 6-15-1999 by L.L. No. 3-1999]
STRUCTURE
A combination of materials, other than a building, to form
a construction that is safe and stable, and includes, among other
things, stadiums, gospel and circus tents, reviewing stands, platforms,
stagings, observation towers, radio towers, sheds, storage bins, walls,
fences and display signs. The term "structure" shall be construed
as if followed by the words "or part thereof."
TENANT
A person who rents a portion of a private residence with
cooking facilities therein.
UNOCCUPIED HAZARD
Any building or part thereof situated within one or more
residential zoning districts or within 1,000 feet of any residential
zoning district, which remains unoccupied for a period of more than
90 days with either doors, windows or other openings broken, removed,
boarded or sealed up or any building under construction upon which
little or no construction work has been performed for a period of
more than 90 days.
VEHICLE, ELECTIVELY INOPERABLE
Any motor vehicle, trailer or other vehicle which, though
neither a junk vehicle or a legally inoperable vehicle as defined
elsewhere in this section, is nonetheless continuously parked or stored
upon a lot or parcel of real property without its intervening use
and operation off the premises.
[Added 6-15-1999 by L.L. No. 3-1999]
VEHICLE, LEGALLY INOPERABLE
Any motor vehicle, trailer or other vehicle required to be
periodically registered and/or inspected for lawful operation or transport
upon the public highways and which does not have affixed or attached
thereto a current and valid registration sticker, inspection sticker
or license plates, or any combination thereof, as may be legally required
by any federal, state or local law in order for such vehicle to be
lawfully used and operated upon the public streets and highways.
[Added 6-15-1999 by L.L. No. 3-1999]
VENTILATION
Supply and removal of air to and from a space by natural
or mechanical means.
YARD
An open space on the same lot which contains a building and
located between the building line and the lot line which the particular
building line faces.
This chapter shall apply to the following premises
in the Village:
A. Lots, plots or parcels of land which are vacant or
upon which buildings used for dwellings, mixed occupancy, commercial,
industrial or storage uses, whether occupied or vacant, are located.
C. Vacant residential, mixed occupancy, commercial, industrial
and storage buildings.
D. Accessory structures accessory to dwellings or commercial,
industrial or vacant buildings.
It shall be within the province of the enforcing
officer to vary or modify any provisions of this chapter where the
strict enforcement of such could or would affect the family unit and
would be contrary to public policy and welfare and cause undue hardship.
Such variation or modification shall be noted in the records pertaining
to any occupancy granted such a variance when approved by the Building
Inspector.
[Added 11-1-2005 by L.L. No. 6-2005]
A. Any portable toilet to be maintained upon a construction
site shall be maintained in the front portion of the subject lot until
such time as the foundation is capped and backfiiled. At such time,
any such portable toilet shall be maintained upon the rear portion
of the subject lot. This requirement may be varied only in the discretion
of the Board of Trustees upon good cause shown.
B. Construction sites shall be maintained in a safe and
sanitary manner and all debris, litter and overgrowth thereon shall
be removed.
No person shall place, use or occupy within
the Village any living unit commonly known as a "mobile home" or "trailer,"
except as may be otherwise provided for in the Building Code and Building
Zone Code of the Village.
All buildings, dwellings, dwelling units, multiple
dwellings, yards, courts, open areas and vacant lots which are in
violation of this chapter are hereby declared to be nuisances and
shall be abated by being corrected, made sanitary, repaired, vacated
or demolished in accordance with the orders issued pursuant to the
provisions of this chapter by the Building Inspector or by the Board
of Trustees.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall be
carried out in compliance with the following requirements:
A. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation after due notice and hearing pursuant to §§
139-11 through
139-15 and shall be so designated and placarded by the Building Inspector:
(1) One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public as prescribed by the provisions of this chapter.
(3) One which, because of its general condition or location,
is unsanitary or otherwise dangerous to the health or safety of the
occupants or of the public.
B. Any dwelling or dwelling unit condemned as unfit for
human habitation and so designated and placarded by the Building Inspector
shall be vacated within a period not to exceed 72 hours as ordered
by the Building Inspector.
C. No dwelling or dwelling unit which has been condemned
and placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from and such placard
is removed by the Building Inspector. The Building Inspector shall
remove such placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated.
D. No person shall deface or remove the placard from
any dwelling or dwelling unit which has been condemned as unfit for
human habitation and placarded as such. Violation of this provision
shall be punishable by a fine of no less than $250 or by imprisonment
not exceeding 100 days in the county jail, or by both such fine and
imprisonment.
Buildings occupied in whole or in part as defined
in this chapter shall comply with the requirements set forth in this
chapter concerning occupancy, size, light and ventilation in order
to provide a safe and healthful environment.
[Added 11-5-1996 by L.L. No. 6-1996]
A. Unless and except as may be otherwise authorized pursuant to the provisions of Subsection
D of this section, all properties located in the Residence Districts (R Zones) of the Village, as the latter are classified under Chapter
195 of the Village Code and shown on the current Official Zoning and Planning Map of the Village referenced and provided for in said chapter, shall be subject to and shall comply fully with all other provisions of this section.
B. Number of meters.
(1) Except as provided elsewhere in this subsection, each
parcel of property improved by a building either designed and intended
or actually so used for occupancy as a residential dwelling may have
up to, but shall have no more than, one water meter, one gas meter
and one electric meter located, installed, used or maintained anywhere
in such building or upon such parcel, whether or not the same are
currently activated or connected to any utility line(s) actually servicing
any part of the premises.
(2) Where such parcel of property is improved by a building
certified by and registered with the Village Building Department either
as a legal conforming or legal nonconforming two-family dwelling,
it may have up to, but shall have no more than, two water meters,
two gas meters and two electric meters, one of each per dwelling unit,
located, installed, used or maintained anywhere in such building or
upon such parcel, whether or not the same are currently activated
or connected to any utility line(s) actually servicing any part of
the premises.
(3) Where such parcel of property is improved by a building
certified by and registered with the Village Building Department either
as a legal conforming or legal nonconforming multiple dwelling, it
may have up to, but shall have no more than, one water meter, one
gas meter and one electric meter per dwelling unit, plus up to one
additional meter of each type for service to all common areas, located,
installed, used or maintained anywhere in such building or upon such
parcel, whether or not the same are currently activated or connected
to any utility line(s) actually servicing any part of the premises.
C. Nonconforming meters. Any water, gas or electric meter
in existence upon the effective date of this section and not in compliance
with the conditions and limitations imposed by the provisions of this
section is hereby declared to be and shall be deemed a nonconforming
meter; and every such nonconforming meter shall be completely removed
from the parcel and its premises in which it is situated, and every
such parcel and its premises shall be made to fully conform with the
provisions of this section, on or before the expiration of five years
from the aforesaid date.
D. Permits; additional meters.
(1) No person and no utility company, whether public or
private, shall install any new or additional water, gas or electric
meter, or remove, replace or relocate any such existing meter, anywhere
in or upon the buildings or premises of any parcel of property which
is subject to the provisions of this section, unless the Superintendent
of Buildings of the Village shall have approved and issued a permit
for such work. Upon completion of such work, the owner of such parcel
shall be required to obtain a certificate of compliance with this
section from the Superintendent of Buildings.
(2) Upon written application by the owner(s) of any parcel
of property which is subject to the provisions of this section, the
Board of Trustees may, in its sole discretion and by favorable vote
of a majority of the members of such Board, grant written consent
and approval to the Superintendent of Buildings to permit such owner(s)
to locate, install, maintain or use a greater specified number of
utility meters in or upon the affected parcel than is otherwise currently
allowed under the provisions of this section. Such consent and approval
may be granted only after a showing by the owner(s), upon clear and
convincing evidence satisfactory to such Board, that there is a critical
and compelling health, safety or other similar need for such additional
meters and that no viable and acceptable practical alternative is
currently available. In the event that the Board shall determine to
grant such relief, it may impose as a condition thereof any limitations
or requirements which it deems necessary and appropriate to safeguard
the legal character and ensure the continued lawful use and occupancy
of the affected premises in keeping with the general purposes of this
chapter and the specific regulatory objectives of this section.
Every habitable room in a dwelling or dwelling
unit shall contain a window or windows opening directly to the outside
air, and the total area of the window or windows shall not be less
than 10% of the floor area of such rooms, provided that such window
shall not be less than 10 square feet. All window sashes shall be
glazed and provided with suitable hardware and shall be made to open
to the extent of not less than 5% of the floor area of such room.
Every dwelling shall be supplied with an approved
water heater or heaters capable of supplying a sufficient quantity
of water heated to a temperature of at least 120° F. to every
kitchen sink, lavatory, bathtub or shower located therein. Such water
heater or heaters shall be properly connected to a supply of potable
water.
The floors and walls of every building, every
dwelling unit and every rooming unit shall be kept free from dampness.
There shall be for each dwelling unit and rooming
unit a separate access either to a hallway, landing, stairway or street.
All courts, yards or other areas on the premises
of each building shall be properly graded and drained.
Occupants of dwelling units shall be responsible
for compliance with this chapter in regard to the following:
A. Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by this chapter.
B. Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary, neat and safe condition.
C. Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
D. Keeping exits from his dwelling unit clean and unencumbered.
E. Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner in accordance with the provisions of
all Village laws, ordinances, codes, rules and regulations.
F. Extermination of insects, rodents or other pests within
his dwelling unit.
G. Maintaining of yards, lawns and courts in a clean,
sanitary and safe condition and free from infestation insofar as the
occupant occupies or controls the yards, lawns and courts or any parts
thereof.
H. The installation and removal of required screens.
I. Keeping his domestic animals and pets in an appropriate
manner and under control.
J. Elimination of all prohibited uses for that part of
the premises which he occupies, controls or has accessibility thereto.
Residential, commercial and industrial premises,
whether improved or vacant, shall be maintained in conformity with
the provisions of this chapter so as to assure the desirable character
of the property.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent the development
of stagnant ponds. Gutters, culverts, catch basins, drain inlets,
stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge.
Fences and other minor construction shall be
maintained in a safe and substantial condition. There shall be no
fence, perimeter planting or other obstruction or structure on lots
at intersections which will obstruct the view of drivers of vehicles,
and in no event shall any such fence, perimeter planting, obstruction
or other structure be higher than four feet measured from ground level,
the provisions of any other law, ordinance, rule or regulation to
the contrary notwithstanding.
Steps, walks, driveways, parking spaces and
similar paved areas shall be maintained so as to afford safe passage
under normal use and weather conditions. Any holes or other hazards
that may exist shall be filled or necessary repairs or replacement
carried out.
Yards, courts and vacant lots shall be kept
clean and free of physical hazards, rodent harborage and infestation.
They shall be maintained in a manner that will prevent dust or other
particles from being blown about the neighborhood. Open wells, cesspools
or cisterns shall be securely closed or barricaded from access to
the public.
Heavy undergrowth and accumulations of plant
growth which are noxious or detrimental to health shall be eliminated.
Any trees or portions thereof located on private property and constituting
a hazard to persons or property shall be removed.
[Amended 6-15-1999 by L.L. No. 3-1999]
A. No person shall at any time park, store or otherwise
maintain any junk vehicle on any lot or parcel of land in the Village,
except fully within the confines of a commercial garage or storage
yard lawfully located upon such premises; provided, however, that
the foregoing provisions shall not be deemed to prohibit the temporary
parking or storage of such a vehicle in a private garage or private
residential garage while it awaits disposal or repair off the premises,
and provided further that the duration of such temporary storage is
not unreasonable and does not pose any significant or undue risk to
the health or safety of persons or property.
B. No person shall park, store or otherwise maintain
any legally inoperable vehicle or any electively inoperable vehicle
on any lot or parcel of land in the Village for more than seven days,
except in the showrooms or upon the inventory storage lots of those
parcels lawfully being used for the sale or resale of such vehicles,
or except within the confines of a commercial garage or storage yard
or a private garage or private residential garage located on any other
parcel; provided, however, that the foregoing provisions shall not
be deemed to prohibit the temporary parking or storage of such a vehicle
in the fenced and paved open rear yard or side yards of any residential
parcel improved by a one-family or two-family dwelling, but having
no garage on its premises, for the use of its occupants, and provided
further that the duration of such temporary storage is not unreasonable
and does not at any time prevent, impede or otherwise interfere with
ingress to and egress from the legal entryways or exits of any nearby
buildings or accessory buildings, whether they be located upon the
same lot or any adjoining or neighboring parcel.
C. Any person who shall be served with a written notice of violation for any violation of the provisions of the foregoing subsections of this section, and who does not cure or correct such violation within seven days of the date of such notice, shall be deemed to be harboring and maintaining an abandoned vehicle. For the purposes of this chapter, such act shall constitute a public nuisance and a separate violation of the provisions of §
139-8 of this chapter, for which separate and additional offense both the owner or other person in possession or control of such vehicle and/or the owner or other person in possession or control of the lot or parcel on which such vehicle is situated may be prosecuted and fined or imprisoned as elsewhere prescribed under the provisions of this chapter.
Business units, as defined in this chapter,
shall at all times be maintained in compliance with the provisions
of this chapter regulating open spaces and buildings or structures.
A. No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time, and all
such garbage, crates, rubbish, refuse or debris shall be kept inside
the building or buildings on the premises or in an acceptable enclosure
and shall be regularly collected and removed from the premises.
B. No shopping baskets, carts or wagons shall be left
unattended or standing in open areas and shall be regularly collected
by the occupant of such unit and removed to the interior of the building
or buildings.
C. No mobile refrigeration unit shall be operated on
the premises after the closing of the business conducted thereon unless
such mobile refrigeration unit is electrically operated.
D. No truck or other vehicle shall be loaded or unloaded
outside the confines of the building or buildings on the premises
before 6:00 a.m. or after the business conducted on the premises has
been closed to the public in such a manner as to cause excessive noise
or disturbance to the adjoining properties.
E. All fences and perimeter plantings installed on the premises shall be maintained by the owner of the property. Damaged or destroyed perimeter planting or fencing shall be replaced within 10 days with planting or fencing of similar size, grade and quality. The provisions of this section are subject, nevertheless, to §
139-35 of this chapter.
F. All business units must be conducted within the confines
of a building.
[Added 11-5-1996 by L.L. No. 7-1996]
Every person owning or having charge or control
of any building, structure or open spaces on any land or parcel of
land which has been vacant or unoccupied for more than 30 days shall
be required to:
A. Remove all combustible waste and refuse therefrom
and lock, barricade, bar or otherwise secure all windows, doors and
other openings in all buildings or structures so as to reasonably
prevent entry by unauthorized persons; and
B. Dispose of all garbage, litter, refuse, debris, junk
and other solid waste in or about the premises in a safe and sanitary
manner and keep and maintain such premises free and clear therefrom
and in broom-clean condition; and
C. Exterminate or eliminate all harborages of insect
pests, rodents, vermin and other animal pests and keep and maintain
the premises free and clear therefrom.
[Added 6-17-1997 by L.L. No. 4-1997 ]
All hoppers and containers, whether on the street
or private property, shall be covered so that none of the contents
of such hoppers or containers may be scattered by the elements.
[Added 6-17-1997 by L.L. No. 4-1997]
A. It shall be unlawful for any owner, lessee or occupant
of a lot or land, or any part thereof in the Village, to permit or
maintain on any such lot or land, whether the same is improved or
vacant, or on or along the sidewalk, street or alley adjacent to the
same, between the property line and the curb, or for 10 feet outside
the property line if there is no such curb, any noxious grass, noxious
weeds and other brush, briers, obstructions or rubbish amounting to
a fire, health or safety hazard.
B. If any owner, lessee, occupant or person in control of any lot as described in Subsection
A shall fail to remove any noxious grass, weeds or brush, briers, obstructions or rubbish as described in such subsection within 10 days after written notice by the Village to do so in accordance with the provisions of this chapter, the Village may itself effect such removal.
C. For the purposes of this section, any grass, brush
or weeds on a premises in excess of eight inches in average height
above its surrounding grade shall be deemed obnoxious and shall be
immediately cut, trimmed or removed in compliance with the provisions
of this section and chapter.
[Added 6-17-1997 by L.L. No. 4-1997]
A. Service of the written notice provided for in this
chapter may be personal but if notice cannot be made personally, such
notice shall be mailed to the property owner at his last known address
and a copy of the notice affixed to a conspicuous part of the building.
B. In the event of a vacant lot, where the address of
the owner, lessee, occupant or person in control thereof is not known,
service of the notice may be made by affixing such notice to some
object thereon where it is likely to be seen.
C. If the owner of land in violation of this chapter
is a nonresident, a notice to cut, trim or remove the brush, grass
or rubbish or other material which is in violation of this chapter,
mailed to such owner addressed to his last known address, shall be
sufficient service of the notice.
[Added 6-17-1997 by L.L. No. 4-1997]
The total cost of removal by the Village of
brush, grass, weeds, rubbish, etc., in accordance with the provisions
of this chapter shall be paid to the Village, failing which, the cost
plus all costs in connection with collection of such removal costs,
including any disbursements and fees, may be assessed upon the real
property on which such brush, grass, weeds, rubbish, etc., are found
and shall constitute a lien and charge on the real property on which
it is levied until paid or otherwise satisfied or discharged, which
lien shall be collected by the Village Treasurer in the manner provided
by law for the collection of delinquent taxes. A notation of such
lien shall be entered on the tax roll affecting the property involved.
[Added 6-17-1997 by L.L. No. 4-1997; amended 6-15-2010 by L.L. No.
2-2010]
A person upon whom notice has been served, pursuant
to the provisions of this chapter, to cut, trim or remove brush, grass,
rubbish, weeds or other material present upon such person's land in
violation of this chapter and who for five days after service shall
neglect or fail to comply with the provisions of such notice, shall
be deemed to have violated this chapter.
[Added 11-5-1996 by L.L. No. 7-1996; amended 11-16-1999 by L.L. No.
4-1999; 11-12-2002 by L.L. No. 4-2002]
The Incorporated Village of New Hyde Park is
aware of and duly acknowledges the existence of § 20-2006
of the Village Law of the State of New York, and hereby supersedes
such section. Any person or corporation, whether as owner, lessee,
occupant, architect, building contractor or the agent or employee
of any of them, who violates or is accessory to the violation of any
provision of this chapter or any regulation made under the authority
conferred by this chapter shall, upon conviction, be guilty of a violation
pursuant to this chapter only, unless otherwise designated by law,
punishable by a fine of not more than $2,000 or imprisonment for not
more than 15 days, or both. The conviction of a second violation of
any such provision or regulation, both of which were committed within
a period of five years, shall be punishable by a fine of not more
than $5,000 or imprisonment for not more than 15 days, or both. The
conviction of a third or subsequent violation of any such provision
or regulation, all of which were committed within a period of five
years, shall be punishable by a fine of not more than $10,000 or imprisonment
for not more than 15 days, or both. Each week's continued violation
shall constitute a separate additional violation.