Village of Baxter Estates, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings and property — See Ch. 80.
Fire prevention — See Ch. 105.
Flood damage prevention — See Ch. 108.
Abandoned vehicles — See Ch. 163.
Zoning — See Ch. 175.
[Adopted 12-20-1931; amended in its entirety 9-19-2005 by L.L. No. 1-2005]
No person shall at any time dump or deposit any refuse, garbage or waste material of any kind within the limits of the Village except upon special permit of the Board of Trustees of the Village; provided, however, that grass cuttings or leaves which the owner or tenant of a residence shall intend to reduce to compost for use on his or her premises may be stored on such premises by such owner or tenant, in heaps or piles within barriers constructed of boards and slats or wire, so long as no noxious odors shall emanate therefrom nor other public or private nuisance shall be created thereby; and provided, however, that plastic bags of sufficient strength to hold their contents and filled so as to enable their ends to be tied and closed may be used by the owner or tenant of the residence for the storage of leaves and lawn and garden refuse, while awaiting collection.
Any person, firm or corporation violating any provision of this chapter shall be punishable by a maximum fine of $250 or by a maximum term of imprisonment of 15 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 11-12-1963]
It is hereby declared and found that the elimination of fire and health hazards, the protection of property exposed to destruction by fire, and the control of air pollution are necessary to the protection of the health and properties of the inhabitants of the Village and within the public interest.
[Amended 9-19-2005 by L.L. No. 1-2005]
The following words shall have the meanings herein indicated:
RUBBISH
Shall include but not be limited to household rubbish, garbage, discarded building materials of any type, inoperable vehicles or any part thereof, and any other discarded objects or materials of any nature whatsoever composed in whole or in any part of processed or semiprocessed metal, mineral, or organic materials.
A. 
No brush, grass, shrubs or weeds in excess of 10 inches shall be permitted to grow or remain on any property in the Village. All noxious weeds shall be prohibited. Combustible waste, refuse and large quantities of dry vegetation, which by reason of their proximity to buildings or structures would constitute a fire hazard or contribute to the spread of fire, shall be removed.
[Amended 9-19-2005 by L.L. No. 1-2005]
B. 
No dead tree or dead limb or branch of any tree shall be permitted to remain on any property.
C. 
No rubbish shall be stored or permitted to accumulate or remain upon any property, except upon authorization by special permit issued by the Board of Trustees upon application therefor.
[Amended 9-19-2005 by L.L. No. 1-2005]
D. 
For all purposes of this section and §§ 144-6 and 144-7 hereof, the word "property" shall be deemed to include, but not be limited to, any and all property owned by this Village lying in front of the private property of any owner or tenant.
A. 
Any brush, grass, shrubs, weeds, trees, limbs, branches or rubbish referred to in § 144-5 hereof shall be cut, trimmed or removed from the property on which they are located within 10 days after a notice requiring such cutting, trimming or removal shall have been mailed by the Village to the owner or tenant of such property at his last known address as shown on the records of the Village; provided, however, that grass cuttings or leaves which the owner or tenant of a residence shall intend to reduce to compost for use on his or her premises may be stored on such premises by such owner or tenant, in heaps or piles within barriers constructed of boards and slats or wire, so long as no noxious odors shall emanate therefrom nor other public or private nuisance shall be created thereby; and provided, however, that plastic bags of sufficient strength to hold their contents and filled so as to enable their ends to be tied and closed may be used by the owner or tenant of the residence for the storage of leaves and lawn and garden refuse, while awaiting collection.
[Amended 9-19-2005 by L.L. No. 1-2005]
B. 
If such owner or tenant defaults in complying with such notice, the Village may, at its election, cause such cutting, trimming or removal to be accomplished, and the expense thereof to be assessed against the property of such owner, and such expense shall constitute a lien and charge thereon until paid, satisfied, or otherwise discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes.
C. 
The failure of the Village to proceed in accordance with Subsection B hereof shall not limit or mitigate the penalties prescribed in § 144-7 hereof, nor shall such failure constitute a matter of defense in any action brought to recover such penalties.
[Amended 9-19-2005 by L.L. No. 1-2005; 8-6-2015 by L.L. No. 2-2015]
Each and every violation of, or failure to comply with, any provision of this article shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that a violation occurs or continues shall be deemed a separate and distinct violation hereunder.
[Amended 9-19-2005 by L.L. No. 1-2005; 8-6-2015 by L.L. No. 2-2015]
Dumping, placing, depositing or abandoning, or causing or allowing the dumping, placing, depositing or abandoning, of rubbish upon any public or private property shall constitute a violation of this article, punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that a violation occurs or continues shall be deemed a separate and distinct violation hereunder.[1]
[1]
Editor's Note: Former Section 7, regarding unsafe buildings or structures, which immediately followed this section, was deleted 9-19-2005 by L.L. No. 1-2005. See now Ch. 80, Unsafe Buildings and Property.