The Board of Trustees of the Village of Atlantic
Beach has found it necessary, for the health, safety and general welfare
of the residents, to see that the lots and property within the Village
are properly maintained and free from vermin, nuisances, hazards and
litter.
[Amended 3-8-2004 by L.L. No. 1-2004]
No person shall hereafter be permitted to abandon,
leave, dump, store or keep any nuisance, hazard, litter or matter
attractive to vermin upon any public street, public place, or on any
privately owned property within the Village, and said property shall
be kept free and clear of the same. Nothing contained in this section
shall be construed as permitting activity otherwise prohibited by
law or the Property Maintenance Code of the State of New York.
[Added 11-13-2006 by L.L. No. 3-2006]
It shall not be a defense to §
165-2 of this chapter for any privately owned property within the Village to be a construction site, either under a valid Village permit or otherwise. The accumulation or maintenance of any construction debris and/or loose garbage on the outside portions of privately owned property that is a construction site shall constitute a violation of §
165-2 above. The term "loose garbage" shall include but not be limited to any and all discarded paper, plastic, metal, glass or Styrofoam items, such as containers, bottles, cans, utensils, bags, cups, wrappers, napkins, plates and reading materials. Nothing contained in this section shall be construed as permitting any activity or condition otherwise prohibited by this chapter, the Property Maintenance Code of the State of New York, or any other applicable law.
As used in this chapter, the following terms
shall have the meanings indicated:
NUISANCE, HAZARD AND LITTER
Includes, but shall not be limited to, abandoned automobiles
or any part thereof unless such party has a license to store the same;
any waste metal or materials, garbage, refuse, rubbish, old refrigerators,
stoves or like products; used bottles or cans, glass, wood, lumber
or vegetable matter of any kind or any other matter which shall be
flammable or capable of fermentation, evaporation or decay; abandoned
building or construction materials or supplies; discarded paper or
material of junk substance; and tree stumps or matter attractive to
vermin, likely to breed disease, cause fire or be prejudicial to good
health.
[Amended 11-8-1999 by L.L. No. 2-1999; 8-14-2006 by L.L. No.
1-2006]
The owner, tenant or occupant of property located
within the Village of Atlantic Beach is hereby required to keep all
property, including vacant lots or other parcels of land, mowed, so
that any grass or other vegetation shall not exceed the height of
six inches from the ground. In any event, the owner shall cut or
mow such property at least twice (first and third week) a month during
each growing season; the first such mowing to be on or before the
first week of May and the last on or before September 30. Further,
the owner, tenant or occupant of property located within the Village
of Atlantic Beach is hereby required to remove all nuisances, hazards
and litter or matter attractive to vermin, as hereinabove defined,
when ordered to do so by a member of the Board of Trustees, a member
of the Police Department, the Village Clerk, a Fire Inspector, the
Police Commissioner, a Building Inspector or a Village Inspector within
five days of written notice thereof. Said written notice shall be
served upon the owner, tenant or occupant. If the owner of said lands
is a nonresident of the Village of Atlantic Beach, a notice to remove
the nuisance, hazard or litter, mailed to such owner and addressed
to his last known address, shall be sufficient service thereof.
[Amended 2-9-1998 by L.L. No. 1-1998]
A. Failure to comply with the direction of any agent
of the Village of Atlantic Beach as aforesaid shall constitute a violation
of this chapter.
B. Any person or corporation committing an offense against
any of the provisions of this chapter or failing to comply therewith,
or with any of the requirements thereof, shall be guilty of a violation
punishable by and subject to a fine of not more than $500 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment,
for each such violation upon conviction of any section or provision
of this chapter.
C. Each day's continued offense shall constitute a separate
violation.
[Added 3-11-2013 by L.L. No. 1-2013]
It is hereby declared that the planting, growing and/or maintaining
of bamboo in or upon the ground of any improved or unimproved real
property in the Village is a nuisance and a hazard and shall constitute
the commission of an offense against this chapter by the owner, tenant
or occupant(s) of the property, whether the bamboo originates from
said property or is encroaching thereon from any neighboring property.
The term "bamboo" shall be defined as any tropical or semitropical
grass of the genera Bambusa, Dendrocalamus or any other related genera.