[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 1-14-1980 by L.L. No. 1-1980. Amendments noted where applicable.]
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.
The Board of Trustees by resolution, may cause a nuisance, hazard or litter as herein defined to be removed from any property within the Village of Atlantic Beach upon the failure of such owner, tenant or occupant to comply with the written notice aforementioned with the time limit. Said removal may be performed by the Village Highway Department or other designee, including a private contractor. The Board of Trustees shall ascertain the cost of such removal and such cost shall be charged and assessed against the owner, tenant or occupant of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged, and such charge shall be collected in the same manner and at the same time as other Village charges.
The removal of any nuisance, hazard or litter by the Village of Atlantic Beach or its designee shall not operate to excuse such owner, tenant or occupant from properly maintaining his property as hereinabove set forth, and such owner, tenant or occupant shall, notwithstanding, be subject to the penalties above mentioned.
[Amended 2-9-1998 by L.L. No. 1-1998]
Failure to comply with the direction of any agent of the Village of Atlantic Beach as aforesaid shall constitute a violation of this chapter.
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.
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.