[HISTORY: Adopted by the Board of Trustees
of the Village of Holley 9-10-1998 by L.L. No. 6-1998. Amendments noted where
applicable.]
It is in the interest of the general welfare
and property values of the residents of the Village of Holley to provide
for the neat and proper maintenance of real property, both residential
and commercial. Such maintenance also promotes the general health
and welfare of residents from being negatively affected by dangerous
conditions, unhealthy trash disposal, or dilapidated buildings. The
purpose of this chapter is to provide basic and uniform property and
maintenance standards governing the condition and maintenance of all
residential, commercial and industrial units, including but not limited
to offices, places of public assembly, shopping centers, supermarkets,
retail stores, warehouses, manufacturing and fabrication plants, gasoline
stations and other business uses. This chapter shall be known as the
"Property Maintenance Code of the Village of Holley."
As used in this chapter, the following terms
shall have the meanings indicated:
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls, and a roof affording shelter
to persons, animals or property.
An open and unoccupied space on a lot which is enclosed on
at least three sides by walls of a building.
Garbage, litter, automotive parts and any other solid waste,
both putrescible and nonputrescible.
The face or front of a building.
The presence of insects, rodents, vermin or other pests.
Any vehicle, including a trailer, which is without a currently
valid license plate or plates and which is dismantled, partly dismantled,
inoperative or in an abandoned condition.
A plot, tract, premises or parcel of land without buildings
or structures located thereon, as surveyed and apportioned for sale
or other purpose.
A county, town or village.
Any individual, partnership, corporation or other entity.
An assembly of materials forming a construction framed of
component structural parts, which exists for occupancy or use.
Any building or part thereof which remains unoccupied for
a period of more than one year, with either doors, windows or other
openings broken, removed, boarded or sealed up.
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
A.
Open areas; parking spaces.
(1)
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent the development
of ponding. Gutters, culverts, catch basins, drain inlets, stormwater
sewers or other satisfactory drainage systems shall be utilized where
necessary. No roof, surface or sanitary drainage shall create a structural
safety or health hazard by reason of construction, maintenance or
manner of discharge.
(2)
Fences and other accessory structures shall be maintained
in a safe and nondeteriorated condition.
(3)
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes or other hazards that
may exist shall be filled, and necessary repairs or replacement shall
be made. Moreover, sidewalks, curbs, aprons, ramps and driveway approaches
shall be constructed in accordance with the specifications set forth
in the Village Code and New York State Fire Prevention and Building
Code.
(4)
Yards, courts and vacant lots shall be kept clean
and free of physical hazards, rodent harborage and infestation and
debris. They shall be maintained in a manner that will prevent dust
or other particles from being blown about the neighborhood. Open wells,
cesspools or cisterns shall be securely closed or barricaded from
access to the public.
(5)
Heavy undergrowth and accumulations of plant growth
which are noxious or detrimental to health shall be eliminated. Any
trees or portions thereof located on private property and constituting
a hazard to person or property shall be removed.
(6)
A junked vehicle may not be parked, stored or left
in the open.
(7)
All fences and plantings areas installed on the premises
shall be maintained by the owner of the property. Such maintenance
shall include but not be limited to the replacement of trees and shrubs
which may die and/or otherwise be destroyed, the maintenance and cutting
of lawns and the replacement and/or repair of fences which may be
in disrepair.
(8)
Restaurants and other eating facilities shall have
garbage containers sufficient in number for all of their solid waste
and shall maintain them in satisfactory condition.
(9)
All areas used for off-street parking, storage of
trucks and of other motor vehicles and access driveways, including
any right-of-way or easement over the subject property, shall be surfaced
in accordance with the following specifications: not less than two
inches of broken stone after compaction and one inch of premixed bituminous
material after compaction; or concrete not less than four inches thick.
B.
Buildings and structures.
(1)
All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or sealed to protect
them from deterioration or weathering. Said surfaces having once been
coated with any finish, such as paint, varnish, lacquer, etc., must
be continuously maintained and recoated as necessary to keep uniformity
of color and texture. Such surface shall be recoated in a workmanlike
manner.
(2)
Every exterior wall, roof and porch or appurtenance
thereto shall be maintained in a manner so as to prevent collapse
of the same or injury to the occupants of the building or to the public.
(3)
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
(4)
Exterior walls, roofs and all openings, doors and
windows, including glass, chimneys and other parts of a building,
shall be so maintained as to keep water from entering the building
and to prevent undue heat loss from occupied areas. Materials which
have been damaged or show evidence of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner.
Exterior walls, roofs and other parts of the building shall be free
from loose and unsecured objects and material and improperly secured
objects and materials. Such objects or materials shall be removed
or replaced.
(5)
The owner of a vacated building shall take such steps
and perform such acts as may be required of him from time to time
by the Village's Code Enforcement Officer to ensure that the building
and its adjoining yards remain safe and secure and do not present
a hazard to adjoining property or to the public. All openings shall
be provided with painted exterior-grade plywood closures, securely
fastened.
[Amended 10-12-2004 by L.L. No. 3-2004]
(6)
Buildings and structures shall be maintained in such
condition so that they shall not become an unoccupied hazard as defined
in this chapter. All graffiti or defacing shall be removed and the
surface finish restored within a five-day period from the date of
notice from the Village concerning such graffiti or defacing.
[Amended 10-12-2004 by L.L. No. 3-2004]
(7)
All signs, awnings and lighting systems shall be maintained
in a completely operable, clean, sightly, nondeteriorated and safe
condition.
(8)
All decorative pools and similar devices shall be
maintained free of litter and operated as intended. Should the maintenance
costs of such devices prove unacceptable, the device shall be converted
to landscaped planting beds.
(9)
Fuel-burning, heat-producing equipment shall be installed
and maintained so that the emission or discharge into the atmosphere
of smoke, dust particles, odors or other products of combustion will
not create a nuisance or be detrimental to the health, comfort, safety
or property of any person.
(10)
Chimneys, flues and their supports shall be
installed and maintained so as to be structurally safe, durable, smoketight,
noncombustible and capable of withstanding the action of flue gases
without softening, cracking, corroding or spalling.
(11)
Air-conditioning units which are over any public
opening shall have condensation piped away from the entranceway of
same.
(12)
Electrical fixtures, devices, wiring and systems
shall be maintained in safe working condition, so as not to be a potential
source of ignition of combustible material or an electric hazard or
shock, and shall be properly connected to a reasonable, adequate source
of electrical power.
(13)
All plumbing fixtures, sanitary facilities,
plumbing appliances and plumbing equipment shall be properly maintained
in good working condition.
(14)
If a sign is removed from the exterior of a
building or structure, the area that was covered by the removed sign
and now left exposed, even if a new sign is installed, shall be cleaned
and maintained so that the exterior of the building or structure shall
have a uniform color and texture.
C.
Dumpsters. All dumpsters shall be enclosed with fencing
and shrubs and other screening as approved by the Code Enforcement
Officer.
[Amended 10-12-2004 by L.L. No. 3-2004]
D.
Unoccupied hazard. Unoccupied hazards shall be subject
to condemnation in accordance with the laws of the State of New York
and this Village.
Any person who violates the provisions of this
chapter shall be guilty of a violation, and subject to a fine of not
more than $250, 15 days in jail, or both. Each day a violation of
this chapter exists shall constitute a separate violation of this
chapter.
