[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 7-22-1992 by L.L. No. 2-1992 (superseding
former Ch. 99, Nuisances, adopted 9-29-1930 by Ord. No. XIII). Amendments
noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 41.
Outdoor burning — See Ch. 43.
Animal nuisances — See Ch. 54.
Graffiti — See Ch. 77A.
Health and sanitation — See Ch. 80.
Littering — See Ch. 90.
Property maintenance — See Ch. 112.
Abandoned refrigerators — See Ch. 116.
Refuse and recyclables — See Ch. 118.
Shopping carts — See Ch. 125.
The following conditions are hereby declared
to be nuisances, and the maintenance of such nuisances is hereby prohibited
within the Incorporated Village of Manorhaven. It shall be unlawful
for any owner of real property within the village, or the agent of
such owner, and/or any person, firm or corporation lawfully occupying
any real property within the village to permit:
A.
Whatever is dangerous to human life and health.
B.
Uncut grass, weeds, brush or any portion of said growth
to obtain a height in excess of six inches.
C.
Garbage, rubbish, rubble, recyclables, debris or discarded
furniture or personal belongings to accumulate thereon.
D.
Boats or motor vehicles or portions thereof to be
stored for unreasonable periods of time or abandoned on the premises.
E.
A building, or structural part, or basement or cellar
thereof, to be overcrowded or not provided with adequate means of
egress or not sufficiently supported, ventilated, sewered, drained
or cleaned.
F.
Whatever renders soil, air, water or food impure or
unwholesome.
G.
Slaughterhouses, privies, hogpens, accumulations of
dung or manure, carcasses, swill, brine, urine of animals or any stinking,
obnoxious, offensive, foul or filthy liquids or other matters or conditions.
H.
Discarded material of any kind or garbage or rubbish
or refuse that is maintained beyond normally scheduled garbage removal.
I.
Accumulations of brush, tree stumps or other vegetative
waste or rubble or construction waste that is maintained beyond normally
scheduled garbage removal.
J.
Ponds or pools of stagnant water.
K.
Pits, holes, excavations, uncovered wells or other
declivities of land which are unsightly or are liable to cause injuries
to persons falling therein or therefrom.
L.
Barbed-wire, razor-wire, chicken wire, welded wire
or electrified fences or such fences as are otherwise forbidden by
the provisions of the Code of the Incorporated Village of Manorhaven.
M.
Accumulations of junk, old metals, machinery, rags
or newspapers.
N.
On private property located within any residence district
of the village, the maintenance of any container actually accommodating
or designed to accommodate more than one cubic yard of rubbish, refuse
or discarded material of any kind, or the maintenance, within any
residence district on private property, of any bulk storage containers
for any period of time whatsoever. For the purposes of this chapter,
a "bulk storage container" is defined as a standard Dempster Dumpster
Gallon E-Z Pack front-end-loading-type container or an equal container
for garbage and other waste materials that can be hauled directly
to the point of disposal or emptied into a large compactor-type truck
for disposal.
The Board of Trustees may adopt a resolution
requiring the owner and/or person in control of any property found
not to be in conformance with the provisions of this chapter to comply
with those provisions. A copy of the notice of adoption of said resolution
shall be served upon such owner and/or person in control of said property
by ordinary mail and by certified mail, return receipt requested,
specifying that within 10 days from the adoption of such resolution,
such person shall bring the premises into compliance and how the premises
shall be brought into compliance.
Upon failure by the owner or the person in control
to comply with the requirements of such notice of violation, the Board
of Trustees shall authorize the work to be done and pay the cost thereof
out of general funds appropriated by the Board of Trustees for such
purpose. The Board of Trustees may incur such legal fees as necessary
to have such work done to correct the violations. In case of a failure
to comply, the owner and/or person in control of the property whereon
the violation occurs is deemed to consent to the right of entry by
the village officials for the sole purpose of inspecting and correcting
such violation.
The village shall be reimbursed for the cost
of the work performed or the services rendered, including legal fees
incurred, as hereinabove provided, by assessment of all such costs
against the real property where such work was performed or services
were rendered or that was affected by such work or services.
[Amended 5-25-2017 by L.L. No. 17-2017]
A.
Any person, association, firm or corporation which violates any provision of this chapter other than § 99-1B (uncut grass, weeds, brush) or assists in the violation of any such provision of this chapter shall be guilty of a violation, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week’s continued violation shall constitute a separate additional violation.
B.
Any person who violates § 99-1B (uncut grass, weeds, brush), or assists in the violation of such section, shall be guilty of a violation punishable by a fine in an amount established by resolution of the Board of Trustees. Each week’s continued violation shall constitute a separate violation of this chapter.
C.
The imposition of any penalty for any offense committed
against the provisions of this chapter shall not affect the power
of the Board of Trustees to require the abatement of the nuisances
enumerated herein within such time as the Board of Trustees shall
fix, nor shall it prevent, in the event of neglect or refusal by any
person to comply with any or all of the provisions of such an order,
entry by the Board of Trustees or its designees upon the premises
affected by such nuisances, the removal of such nuisances by the Village
or its agents and the assessment of all costs of such removal, including
legal fees, against the real property affected.
D.
In addition,
this chapter may be enforced by civil action, including an injunction,
in a court of competent jurisdiction.
The chapter shall not affect in any way the
standards or the responsibilities of the owners and/or persons under
any other provision of the Code of the Incorporated Village of Manorhaven.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, the judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, paragraph, section or part
of this chapter that shall be directly involved in the controversy
in which such judgment shall have been rendered.
This chapter shall take effect immediately.
