§ 32-7. Enforcement; penalties for offenses; removal; redemption; disposition., Chapter 32. Drop-Off Bins, Code of Ordinances, North Hempstead

Any person, owner, tenant, lessee and/or agent having a legal interest in the subject property who has upon his/her property a drop-off bin in violation of this chapter and any person, permittee, qualified applicant, registrant or other person which owns, maintains or operates a drop-off bin in violation of this chapter shall be punishable for a first offense by a fine of no more than $500 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine of not less than $500 and not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent offense within that same five-year period, by a fine of not less than $1,000 and not exceeding $2,000 and imprisonment for a period not exceeding six months. Each week's continued violation shall constitute a separate additional violation.

In the event that any person, owner, tenant, lessee and/or agent having a legal interest in the subject property who has upon his/her property a drop-off bin in violation of this chapter, or any person, permittee, qualified applicant, registrant or other person who owns, maintains or operates a drop-off bin in violation of this chapter, shall fail or refuse to correct any violation of this chapter within 15 days after receiving notice of said violation, the Superintendent of Highways, his designee or such independent contractor as may be authorized by resolution of the Town Board is hereby authorized to remove or cause to be removed the subject drop-off bin and take or cause the same to be taken to a facility for redemption and/or disposition as hereinafter provided. In addition to any other means used to notify a person of the existence of a violation of this chapter, a warning may be affixed to the exterior of the bin itself in such form as approved by the Town Attorney.

Whenever a drop-off bin that is removed contains identification of ownership or right to possession, and sets forth an address for notice purposes, notice of such removal shall be sent to such person by ordinary mail advising of such removal, the facility to which it was removed, the fees necessary to redeem the bin and a statement that failure to redeem the bin within 14 days from service of such notice may result in the sale or disposition of the bin.

Whenever the drop-off bin is located at the subject property under a duly issued drop-off bin permit, or where the owner fails to rebut the presumption that a drop-off bin is located on said property with his/her approval, the cost of such removal, including reasonable legal and administrative costs, may be billed to the owner of the property and, if unpaid after 14 days from service of such notice, may be levied against the real property upon which the violation occurred, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise discharged and shall be collected in the same manner and at the same time as other Town charges. An owner may rebut the presumption that a drop-off bin is located on the subject property with his/her approval by a showing of competent evidence to the Town Clerk.

Any drop-off bin removed under this chapter may be redeemed by the owner of the bin, or agent thereof, at any time prior to disposition, by tendering, during regular business hours, the sum covering the cost of such removal, including legal and administrative costs, plus the sum of $10 for each day or part thereof that the drop-off bin is held at the facility, together with an advertising charge if the property was advertised for sale. Satisfactory proof of ownership or lawful right to possession shall be provided prior to the drop-off bin being released. Any return of a drop-off bin to a person claiming the same pursuant to this chapter shall be an absolute defense to the Town, and its agents, against any other person claiming same.

The Town, or its agent, may dispose of any drop-off bin, together with the contents thereof, if any, that is removed under this chapter and held in a facility beyond the fourteen-day redemption period following service of notice in any manner permitted by law. Any such sale or other disposition shall be without liability on the part of the Town, or its agent, to the owner of such drop-off bin or other person having an interest therein.

Notwithstanding the above, no cost associated with the removal of a drop-off bin shall be charged to, or levied against, the property owner under Subsection D above if such cost is otherwise collected or remunerated pursuant to the sale or disposition of said bin.