[HISTORY: Adopted by the Board of Trustees
of the Village of North Hills 11-17-1992 by L.L. No. 10-1992 (Ch. 146 of the 1982
Code). Amendments noted where applicable.]
The property which is the subject of this chapter
shall be the areas of any village, county or state street, road or
highway located between the paved portion of such public right-of-way
and the boundary of any adjacent property. For the purposes of this
chapter, the term "public right-of-way" shall refer to any such village,
county or state street, road or highway.
A.
It shall be the obligation of each owner of property
adjacent to any public right-of-way located within the Village of
North Hills to maintain the portion of such right-of-way between the
paved portion of such public right-of-way and the boundary of such
owner's adjoining property.
B.
The duty of maintenance referred to in this section
shall include, but not be limited to, repair and maintenance of sidewalks
or curbs where the same may exist and maintenance of trees, shrubs,
bushes, grass or other landscaping and landscaped areas located between
the paved portion of a public right-of-way and the boundary of such
owner's adjoining property. Maintenance of sidewalks and curbs shall
include the prompt removal of snow and ice, and maintenance of all
other areas shall include removal of accumulated debris and rubbish,
cutting of natural growths and removal of dead or diseased plantings.
C.
In the event that any person fails or neglects to
fulfill an obligation pursuant to this chapter and such failure or
neglect is the proximate cause of injury or damage to any person or
property, such person shall be liable in civil damages to any person
or entity who or which sustains such injury or damage, in an amount
which may be awarded by a court of appropriate jurisdiction by reason
of such injury or damage to person or property.
[Added 6-28-2000 by L.L. No. 6-2000]
A.
The Board of Trustees hereby recognizes serious health
concerns which have arisen regarding the spread of West Nile Virus,
or similar diseases carried by mosquitoes. This section is enacted
by the Village in order to assist in creating and implementing effective
programs for control and surveillance of mosquito breeding sites,
toward the goal of reducing the possible spread of diseases communicated
by mosquitoes.
B.
Every person or entity owning, or having control over,
any property in the Village shall maintain such property in such manner
as to avoid or eliminate any conditions conducive to the breeding
of mosquitoes, which actions shall include, but not be limited to,
permitting standing freshwater to remain in place outdoors on such
property for more than two days, unless such standing freshwater is
either treated or managed in a manner approved by the Nassau County
Department of Health for the elimination or control of mosquito breeding
or circulated in such manner as to remove the threat of breeding mosquitoes.
[Added 8-20-2008 by L.L. No. 2-2008]
A.
Each owner of private property in the Village on which
is located any recharge basin, sump, pond, or other drainage facility,
by whatever name known, shall maintain the same in a condition such
that the facility functions in the intended manner and to the intended
extent.
B.
Each day on which such owner violates this section
shall constitute a separate violation.
C.
For the purposes of this section, where the facility
is located within a common area of a condominium or homeowners' association,
the "owner of the property" shall be deemed to be the managing board
of the condominium or association in its managerial capacity and not
the individual board members.
A.
The remedies and penalties provided in this section
are in addition to any other penalty which may be applicable in the
event of violation of any provision of this chapter.
B.
In the event that any person shall fail to fulfill
such person's obligations under this chapter, the Code Enforcement
Officer may issue a notice directing such person to fulfill such obligation,
stating a reasonable period of time for such maintenance to be done.
In the event that such person fails to perform the required maintenance
within the specified period of time, the Village Administrator may
give such person notice of the time, date and place of a meeting of
the Board of Trustees at which the Board will hear such person in
connection with the possible imposition of additional remedies as
provided in this section.
C.
At such meeting, and after any person receiving such
notice has had a reasonable opportunity to be heard, the Board of
Trustees may direct that remedial maintenance work be performed to
accomplish the maintenance of property required by this chapter, and
may direct that such work be completed within a specified period of
time. The Board may also direct that in the event that such work is
not completed as so directed, the Village of North Hills shall perform
such work, and the cost of such performance, including the costs of
any legal services in connection with such performance, shall be charged
to the owner of property whose obligation it was to perform such work.
In the event that such charge is not paid by such owner within 30
days after written notice thereof, such charge may be applied against,
and collected from, said owner's adjacent property in the same manner
as a tax on real property.
