[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 10-2-1984 by L.L. No. 9-1984 (Ch. 40A of the 1968
Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 235.
A.
Multifamily premises, commercial premises and single-family residences
shall be maintained in conformity with the provisions of this chapter
so as to establish reasonable safeguards for the safety, health and
welfare of the occupants and users thereof and of the general public.
B.
COMMERCIAL PREMISES
MULTIFAMILY PREMISES
SINGLE-FAMILY RESIDENCE
For the purposes of this chapter, the following terms shall have
the meanings indicated:
A building, structure or land used for any purpose other
than for single-family or multifamily purposes, including premises
used for retail purposes, business purposes or industrial purposes.
Any building which is used as a home or residence, other
than a single-family residence, together with any garage or other
accessory buildings and the lot upon which such building or buildings
are constructed.
A building which is occupied exclusively as the home or residence
of a single family, together with any garage or other accessory building
and the lot upon which such building or buildings are constructed.
A.
Surface and subsurface water shall be drained to prevent damage to
buildings and structures and to prevent development of stagnant waters.
Gutters, culverts, catch basins, drain inlets, stormwater sewers and
sanitary sewers or other satisfactory drainage systems shall be provided
and utilized. In no case shall the water from any rain leader be allowed
to flow over the sidewalk of adjoining property.
B.
Fences and retaining walls shall be maintained in a safe condition.
C.
In the case of multifamily premises and commercial premises, steps,
walks, driveways, parking spaces and similar paved areas shall be
maintained so as to afford safe passages under normal use and weather
conditions.
D.
In the case of multifamily premises and commercial premises, all
driveways and parking spaces provided shall be covered with a dustless
free surface and shall be kept in good repair, and such driveways
and parking spaces shall be regularly cleaned to avoid accumulation
of dirt, paper and other debris. On commercial premises, all parking
areas shall be covered with a dustless free surface.
E.
No owner of land fronting or abutting on a street or road in the
Village of Sag Harbor shall permit the growth of trees, hedges, shrubs,
grass or weeds to overhang the property line.
F.
The owner shall keep all and every part of the premises which he
owns and the steps, walks, driveways and parking areas located in
the front, rear or side of said premises, from the building line to
the nearest public street line, in a clean, sanitary and safe condition
and free from litter, debris, paper, dirt, garbage and junk and, except
for public improvements, in good repair.
G.
Use of outdoor premises for the storage of any unregistered vehicles,
including automobiles, trucks, trailers and boats, shall be prohibited.
[Added 10-12-2004 by L.L. No. 7-2004]
The owner shall keep all and every part of the building and
accessory structures in an attractive condition and good repair.
A.
In the case of multifamily premises and commercial premises, grounds,
buildings and structures shall be maintained free of insects, vermin
and rodents.
B.
In the case of multifamily premises and commercial premises, where
the potential for rodent or vermin infestation exists, windows and
other openings in basements and cellars shall be screened with wire
mesh or other suitable materials.
A.
Owners of premises and other persons, as defined in § 205-7B, shall be responsible for compliance with this chapter.
B.
In addition, tenants and occupants of multifamily and commercial
premises shall be responsible for compliance with respect to the following:
(1)
Maintaining all and every part of the commercial premises which they
rent, occupy or control and the steps, walks, driveways and parking
areas located the front, rear or side of said premises, from the building
line to the nearest public street curbline, in a clean, sanitary and
safe condition and free from litter, debris, paper, dirt, garbage
and junk.
(2)
Keeping exits from that portion of the premises which they occupy
clear and free from obstructions.
(3)
Disposing in a clean and sanitary manner of all garbage, refuse and
debris in the provided facilities.
(4)
Exterminating insects, rodents or other pests within that part of
the premises which they occupy.
(5)
Any and all sidewalks composed or constructed of concrete, cement,
brick or other hard surface shall be kept free from obstruction from
snow and ice. In removing such snow or ice, no person shall put the
same in the gutter or drain of the street or in any manner fill up
or obstruct any such gutter or drain. In every case in which such
snow or ice is not so removed or when the gutter is so obstructed,
it shall be the duty of the Superintendent of Public Works to remove
the same, and the expense of such removal shall thereupon become a
lien upon such land, to be enforced as provided by law.
[Added 4-10-2007 by L.L. No. 5-2007]
C.
The following regulations shall apply to all owners or occupants
of property within the Village of Sag Harbor:
[Added 5-11-2021 by L.L.
No. 9-2021]
(1)
Prohibition on planting bamboo. No property owner or occupant or
any other person, corporation or other entity shall plant, install,
or cause or permit the planting or installation of plant species upon
any property, including one-family and two-family residences, located
within the Village of Sag Harbor, commonly considered to be classified
as "running bamboo," hereinafter defined as any tropical or semi-tropical
grasses with monopodial (leptomorph) rhizome (root) systems, including,
but not limited to, the following plant genera: Arundinaria, Chimonobambusa,
Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria.
(2)
Duty to remove bamboo. In the event any species commonly considered
to be classified as "bamboo," either "running" or "clumping," hereinafter
defined as any tropical or semi-tropical monopodial (leptomorph) or
sympodial (pachymorph) grasses, including, but not limited to, Arundinaria,
Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella, and Semiarundinaria, is located upon any
property, including one-family and two-family residences, within the
Village of Sag Harbor, the owner or occupant of said property shall
remove such species to prevent the encroachment, spread, invasion
or intrusion of same onto any other property or right-of-way.
(3)
Notice. The Village shall notify anyone who is in violation of Subsection C(1) or (2) above. The notice shall be in writing and specify a time, not less than 15 days, to comply with the provisions herein. Said notice shall be served personally or by certified mail. Service shall be deemed complete on the day the delivery of mail is completed.
(4)
Presumption. In the event any species commonly considered to be classified
as "bamboo" is found to have encroached, spread, invaded, or intruded
upon any other property or right-of-way, said species shall be presumed
to be classified as "running bamboo."
(5)
Joint and several liability. The property owner or occupant and the
installer of the bamboo, if any, may be held jointly and severally
liable as a result thereof.
A.
The Building Inspector and other duly appointed law enforcement officers
of the Village of Sag Harbor shall be charged with the duty of administering
and enforcing this chapter.
B.
It shall be the duty of the Building Inspector to issue a notice
of violation or to order in writing the correction of all conditions
found to exist in or on any premises which violate the provisions
of this law.
A.
Any person, upon conviction of a violation of this chapter, shall
be fined a sum of money of not less than $100 nor more than $200 for
the first offense and not less than $150 nor more than $250 for the
second or any subsequent offense within a twelve-month period. In
addition, such person shall be subject to an injunction prohibiting
and otherwise preventing any further violations.
B.
The term "person" shall include the owner, tenant, occupant, mortgagee
or vendee in possession, assignee of rents, receiver, executor, trustee,
lessee, sublessee, agent or any other person, firm or corporation
directly or indirectly in control of any premises, building or part
thereof.
A.
A notice of violation issued by the Building Inspector relative to
the premises shall be served either personally upon the person or
by posting the violation notice in a conspicuous place upon the premises
affected. If a notice of violation is served by posting it upon the
premises, a copy thereof shall be mailed to the person whom it is
directed.
B.
A notice of violation shall state that, unless, within 10 days from
service of the notice, a written request is made for a hearing before
the Building Inspector, such 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; 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 this
chapter.
C.
If a hearing is requested, it shall be commenced not later than 10
days after the request is made, provided that, for good cause, the
Building Inspector may postpone such hearing for a reasonable time.
If, after the hearing the enforcement officer finds that no violation
exists, or that such unusual, extraordinary or undue hardship shall
occur as a result of the physical dimension and proportion of the
property, he shall withdraw the notice. If he finds that a violation
does exist, he shall forthwith issue an order requiring the abatement
of the same within a prescribed reasonable time. The proceedings at
such hearing, which shall be informal in all respects, shall be summarized
in a report reduced to writing and entered as a matter of public record
in the office of the Building Inspector.
D.
Any party aggrieved by the decision of the Building Inspector may,
within five days of the decision of the Building Inspector, appeal
said decision to the Zoning
Board of Appeals of the Village of Sag Harbor by filing the appropriate
form.
E.
The provisions of §§ 205-6B and 205-8A notwithstanding, it shall not be necessary for the Building Inspector to issue a notice of violation or to order in writing the correction of a condition in the instance of a second or any subsequent offense within a twelve-month period, and in the case of a second or subsequent offense, the person in violation may immediately be served with an appearance ticket or summons or such other legal process.
Whenever the Building Inspector or enforcement official 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 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
take effect immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the Building
Inspector or court of competent jurisdiction shall be afforded a hearing
as soon as possible. After such hearing, the Building Inspector or
court shall continue such order in effect or shall modify or withdraw
it.
A.
Upon the failure, neglect or refusal of any owner, person or agent
so notified to properly comply with this chapter within 20 days after
the service of notice as provided herein, the Building Inspector is
hereby authorized and empowered to pay for the correction of such
violation, subject to the approval of the Board of Trustees of the
Village of Sag Harbor.
B.
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 such owner by the Village, and such charge shall become due and
payable by said owner or person at the time of the payment of such
bill.
C.
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 Building Inspector 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 completed and the location of the property by 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 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 rate of interest in the event that the 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 in the statement that the same is due and collectible as provided by law.
