[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 1-23-1978 by L.L. No. 1-1978. Amendments noted where
applicable.]
[Amended 11-26-1979 by L.L. No. 9-1979]
It is hereby found and declared that there have
existed from time to time in the Village of Valley Stream structures
which, through lack of maintenance, have fallen into disrepair. These
substandard conditions have included, but were not limited to, structural
deterioration, lack of maintenance of exterior premises, infestation
and unsanitary conditions, which constituted a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the Village of Valley Stream. In order to prevent the
growth and spread of such conditions in the future, to maintain the
neighborhood and property values, the desirability and amenities of
dwellings and to protect and foster the health, safety and welfare
of our Village, this Board deems the restrictions, as hereinafter
set forth, to be prudent and necessary.
The purposes of this chapter are to protect
the public health, safety, morals, welfare and public and private
property by establishing minimum standards governing the conditions
of occupancy, maintenance of premises and duties of owners and operators
of buildings; to authorize and establish procedures for the inspection
of dwellings and other buildings; and to fix penalties for the violations
of this chapter. This chapter is hereby declared to be remedial and
essential for the public interest, and it is intended that this chapter
be liberally construed to effectuate the purposes as stated herein.
The provisions of this chapter shall apply to
every building or structure of any kind located within the Village
of Valley Stream.
Every building or structure within the Village
of Valley Stream, including every foundation, floor, wall, ceiling,
door, window, roof or other part thereof, shall be maintained in good
repair.
All exposed surfaces susceptible to decay shall
be kept at all times painted or otherwise provided with a protective
coating sufficient to prevent deterioration.
Every inside and outside stairway, every porch
and every appurtenance thereto shall be so constructed and maintained
as to be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition
and good repair.
Every roof, wall, window, exterior door and
hatchway shall be free from holes or leaks that would permit the entrance
of water within any building.
A.
All property within the Village of Valley Stream,
including all buildings and structures and all lands surrounding same
or used in connection therewith and including all lands within the
Village of Valley Stream, either occupied or vacant, shall be kept
clean and free from garbage and rubbish, shall at no time except emergency
or ongoing construction be boarded up in part or in whole, shall be
kept free from rodents and vermin which may constitute a health or
safety hazard and shall be kept free from any other health or safety
hazards of any kind.
B.
All parts of the premises shall be maintained so as
to prevent infestation and the accumulation of debris.
C.
All lawns, hedges, shrubs, bushes, weeds and growth
or vegetation of any kind shall be kept trimmed and shall not be permitted
to become overgrown, and no grass or weeds shall be permitted to grow
to a height in excess of nine inches.
[Amended 11-18-2013 by L.L. No. 12-2013]
Every building or structure within the Village
of Valley Stream shall be provided with watertight receptacles with
tight-fitting covers sufficient in capacity to hold all refuse, garbage
and waste matter from said building or structure. When not out for
collection, receptacles shall be located and maintained out of public
view in such a manner as to prevent the creation of a nuisance or
a health hazard.
The Superintendent of Public Works and the Chief
Building Inspector and such persons as may be designated from time
to time by the Board of Trustees of the Village of Valley Stream,
or any of them, are hereby designated as the officers charged with
the enforcement of this chapter and the code hereby established and
are hereinafter referred to as the "enforcement officer."
[Amended 2-27-1978 by Res. No. 33-1978]
Whenever the enforcement officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this chapter, he shall give notice of
such alleged violation to the person or persons responsible therefor
as hereinafter provided. Such notice shall be in writing; include
a statement of the reasons why it is being issued; and be served upon
the owner or occupant of the premises or the agent of either of them.
Such notice shall be deemed to be properly served if a copy thereof
is served upon such person personally or is sent by certified or registered
mail to his last known address or is posted in a conspicuous place
in or about the premises affected by the notice. Such notice shall
also state that unless within 10 days from service of the notice a
written request is made for a hearing before the enforcement officer,
said notice shall, at the expiration of such ten-day period, be deemed
an order to cease and desist from and to abate the described violation,
and such notice shall prescribe a reasonable time within which such
person shall be required to cease and desist from and abate such violation.
The notice may also contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter.
If a hearing as aforesaid is requested, it shall
be commenced not later than 10 days after request therefor is made,
provided that for good cause the enforcement officer may postpone
such hearing for a reasonable time. If, after a hearing, the enforcement
officer finds that no violation exists, he shall withdraw the notice.
If he finds that a violation does exist, he shall enter and issue
an order requiring the abatement of same within a prescribed, reasonable
time. The proceedings at such hearing, including the findings and
decision of the enforcement officer, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the enforcement officer.
Whenever the enforcement officer finds that
an emergency exists which requires immediate attention to protect
the public health or safety, he may, without notice or hearing, issue
an order reciting the existence of such an emergency and requiring
that such action be taken as he deems necessary to meet the emergency.
Notwithstanding any other provisions of this chapter, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the enforcement
officer, he shall be afforded a hearing as soon as possible. After
such hearing, the enforcement officer shall continue such order in
effect or modify or withdraw it.
A.
Action upon noncompliance. Upon the failure, neglect
or refusal of any owner or agent so notified to properly comply with
this chapter within 48 hours after receipt of the written notice or
within 48 hours after the date of such notice in the event that the
same is returned to the Department of Public Works because of its
inability to make delivery thereof and provided that the same was
properly addressed to the last known address of the last owner or
agent, the Superintendent of Public Works is hereby authorized and
empowered to pay for the correction of such violation.
[Amended 1-22-1979 by L.L. No. 2-1979]
B.
Charge included in tax bill. When the Village has
effected the correction of the violation or has paid for its removal,
the actual cost thereof, plus the accrued legal rate of interest per
annum from the date of the completion of the work, if not paid by
such owner prior thereto, shall be charged to the owner of such property
on the next regular tax bill forwarded to such owner by the Village,
and such charge shall be due and payable by said owner at the time
of payment of such bill.
C.
Filed statement constitutes lien. Where the full amount due the Village is not paid by such owner within 20 days after the correction of such violation, as provided in Subsections A and B above, then and in that case the Superintendent of Public Works shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property by school district, section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.
[Amended 7-16-2018 by L.L. No. 5-2018]
A.
Any person
who shall violate any of the provisions of this chapter or any order
promulgated hereunder shall, upon conviction, be punished by a fine
not to exceed $2,000 for each violation of any of the provisions of
this chapter, and each day that such violation shall continue shall
be deemed to be a separate and distinct offense. In addition to the
above stated fine, such person may be sentenced to up to 15 days in
jail.
