The Pelham Bay Diner, having served the community for almost 40 years, closed its doors in January. Since, its parking lot has become a dumping ground for garbage.

Because it is private property, the Department of Sanitation tells News 12 it must take multiple steps and work with the Department of Mental Health and Hygiene before taking action to clean the parking lot.

"In some cases, we will require permission to access the property via a warrant granted by a judge," the department says, in part, in a statement. "DSNY has begun this process and will clean this property as soon as it is legally possible."

The Department of Buildings issued a work permit in April to Wharton Properties, to allow the developer to begin interior demolition.

In a statement, Wharton Properties says, "The garbage bags on the property were illegally dumped and will be removed soon. The police and sanitation officials have been contacted about the incident."