It is the purpose of this chapter to assist in the continued
revitalization of areas throughout the Village to attract new businesses,
promote the public interest in continued development, ensure regular
maintenance and improvements to present structures, safeguard against
blight and preserve property values and community standards and to
establish minimum maintenance standards to safeguard life, limb, health,
safety, property and the public welfare in the best interest of the
residents of the Village of Nyack.
It is found and declared that, by reason of lack of maintenance
and progressive deterioration, structures and properties have the
further effect of creating blighting conditions and initiating slums
and that, if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same.
By reason of timely regulations and restrictions, as herein contained,
the growth of slums and blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of residential and nonresidential uses and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the main building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the main building.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of building shall include the term "structure."
CODE ENFORCEMENT OFFICER
The officer employed by the Village of Nyack to enforce the
State Uniform Fire Prevention and Building Code previously adopted
by said Village.
DETERIORATION
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
DWELLING, MULTIPLE
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
EXPOSED TO PUBLIC VIEW
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
EXTERIOR OF PREMISES
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
GOOD WORKING REPAIR
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
GRAFFITI
Any inscription, word, figure or design that is marked, etched,
scratched, scribed, drawn, painted, pasted or otherwise affixed to
or on any surface to the extent that same was not authorized in advance
by the owner thereof or, despite advance authorization, is otherwise
deemed by the Village Board to be a public nuisance.
OPERATOR or MANAGER
Any person who has occupancy, charge, care or control of
a building or part thereof.
OWNER
Includes any person having individual or joint title to real
property in any form defined by the laws as an estate or interest
therein, whether legal or equitable and however acquired.
PERSON
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organizations recognized
as an entity by the laws of the State of New York.
PREMISES
A building, dwelling and/or grounds.
PROPERTY
Land and whatever is erected on, growing on, placed on or
affixed thereto.
REFUSE
All cardboard, plastic material or glass containers, wastepaper,
rags, sweeping, pieces of wood, excelsior, rubber and like waste material.
STRUCTURE
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
ZONING ENFORCEMENT OFFICER
The officer employed by the Village of Nyack to enforce the
zoning laws of the Village of Nyack and this chapter.
The exterior of the premises and the condition of the structures
shall be maintained so that the premises and all buildings shall reflect
a level of maintenance in keeping with the standards of the community
and shall not constitute blight from the point of view of adjoining
property owners or lead to the progressive deterioration of the neighborhood.
Such maintenance shall include, without limitation, the following:
A. Foundations, porches, decks, steps and walls and siding shall be
in good condition.
B. Vent attachments shall be safe, durable, smoketight and capable of
withstanding the action of flue gases.
C. Exterior balconies, porches, landings, stairs and fire escapes shall
be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
D. All permanent signs and billboards exposed to public view permitted
by reason of other regulations or as a lawful nonconforming use shall
be maintained in good repair. Any signs that have become excessively
weathered, those upon which the paint has excessively peeled or those
whose supports have deteriorated so that they no longer meet the structural
requirements of the New York State Uniform Fire Prevention and Building
Code shall, with their supports, be removed or put into a good state
of repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supports, be removed. Signs denoting a business
which is no longer on the premises shall be removed within 30 days
of the date on which the business ceases to occupy the premises unless
the building owner obtains permission from the Building Inspector
to allow maintenance of any such sign.
E. All storefronts and walls exposed to public view shall be kept in
a good state of repair. Storefronts or any portion of the structure
shall not show evidence of excessive weathering or deterioration of
any nature. Unoccupied storefronts shall be maintained in a clean
and neat appearance, with all windows covered.
F. Any awnings or marquees and accompanying structural members shall
be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or of a similar material and
are exposed to public view, such material shall not show evidence
of excessive weathering, discoloration, ripping, tearing, holes or
other deterioration. Nothing herein shall be construed to authorize
any encroachment on streets, sidewalks or other parts of the public
domain.
G. All vacant buildings shall be continuously guarded or sealed and
kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Zoning
Enforcement Officer as to color, design and building material. Owners
of such buildings shall take such steps and perform such acts as may
be required 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 and that such property does not become infested with
vermin or rodents.
H. Exterior walls, including doors and windows and the areas around
doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. 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.
I. All exposed exterior surfaces shall be maintained free of broken
or cracked glass, loose shingles or loose or crumbling stones or bricks,
loose shutters, railings, aerials, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance.
Said conditions shall be corrected by repair or removal. All exposed
exterior surfaces of structures not inherently resistant to deterioration
shall be coated, treated or sealed to protect them from deterioration
or weathering. Wood, masonry or other exterior materials that will
naturally resist deterioration do not have to be treated but must
be otherwise maintained in a sound, secure workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained
in a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs
and fixtures of buildings shall be maintained in a clean, safe, sanitary
condition. Every floor, exterior wall, roof, porch or appurtenance
thereto shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the building or to the public.
J. Roof drains, overflow pipes, air-conditioning drains and any other
device used to channel water off or out of a building shall be maintained
in a safe and operable condition and shall not drain onto a public
sidewalk, walkway, street, alleyway or adjoining property.
K. Lawns shall be cut, and bushes, shrubs and hedges shall be trimmed
regularly during the growing season so as to avoid an unsightly appearance.
L. It shall be unlawful for any person, owner, operator or manager of
private property, including any improvements or accessory structures
thereon, to permit said property to be defaced with graffiti for a
period in excess of seven days after service by the Village Building
Department by first class mail of the requirement to remove said graffiti.
M. Exterior walls, roofs and all other parts of the structure shall
be free from loose and unsecured objects and materials. Such objects
or materials shall be removed or repaired. Dangerous accumulations
of ice and snow shall be removed.
An occupant of premises shall be responsible for compliance
with this chapter in regard to the following:
A. Maintenance of that part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
B. Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities,
in that part of the premises which he occupies or controls in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
C. Keeping exits from the building or occupants portion thereof clear
and unobstructed.
D. Disposal of garbage and refuse into appropriate facilities in a clean
and sanitary manner, in accordance with any applicable provisions
of the Village Code.
E. Extermination of insects, rodents or other pests within the premises.
F. Maintenance of yards, lawns and courts in a clean, sanitary and safe
condition and free from infestation by rodents or vermin, insofar
as said occupant occupies or controls said yards, lawns or any parts
thereof.
G. The installation and removal of required screens.
H. Keeping domestic animals and pets in an appropriate manner and under
control, in accordance with any other regulations of the Village.
I. Elimination of all prohibited uses for that part of the premises
which he occupies, controls or has accessibility thereto.
The designation of buildings as unfit for human use and the
procedure for the condemnation and placarding of such buildings shall
be carried out in compliance with the following requirements:
A. Any building which shall be found to have any of the following defects
shall be condemned as unfit for human use and shall be so designated
and placarded by the Zoning Enforcement Officer.
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitary facilities
adequate to protect the health or safety of the occupants or of the
public.
(3) One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health or safety of the occupants or
the public.
B. Action upon condemnation.
(1) Any building condemned as unfit for human use and so designated and
placarded by the Enforcement Officer shall be vacated within 10 days,
as ordered by the Enforcement Officer. The Enforcement Officer shall
remove such placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated.
(2) In the event that the Enforcement Officer shall find that the property owner has failed to correct the defects noted in the placarding of the building within 60 days, the Enforcement Officer shall order the demolition of the building or abatement of the nuisance, and the cost of said demolition or abatement shall be a lien on the property and collectible in the same manner as delinquent taxes. Unoccupied structures which shall be found to be a serious hazard to the public in the same manner as provided in Subsections
A,
B and
C of this section shall be ordered demolished or abated by the Enforcement Officer, and appeals shall be heard as provided in §
263-13D. The cost of demolition or abatement shall be a lien on the property and collectible in the same manner as delinquent taxes.
C. No person shall deface or remove the placard from any building which has been condemned as unfit for human use and placarded as such, except as provided in Subsection
B.
D. Any person affected by any notice or order relating to the condemning
and placarding of a building as unfit for human use may request and
shall be granted a hearing on the matter before the Zoning Board of
Appeals. Upon filing a written notice of appeal with the Clerk to
the Board of Appeals, said filing shall stay all action by the Enforcement
Officer pending the decision of the Zoning Board of Appeals unless
the Enforcement Officer determines that the public safety requires
that the demolition or other remedial action must proceed.
The Mayor and the Board of Trustees are hereby authorized to
make and adopt such written rules and regulations as may be necessary
for the proper enforcement of the provisions of this chapter, provided
that such rules and regulations shall not be in conflict with the
provisions of this chapter. Such rules and regulations shall have
the same force and effect as the provisions of this chapter, and the
penalties for violations of the provisions of this chapter, as hereinafter
provided, shall apply to such rules and regulations.
[Amended 5-26-2011 by L.L. No. 8-2011; 4-19-2012 by L.L. No. 6-2012]
A. The Village
Building Inspector, Village Fire Inspector, or any code enforcement
official employed by the Village of Nyack (hereafter "Village official"),
is hereby authorized and directed to make inspections to determine
compliance with this chapter. Inspections shall be made within a reasonable
time from the receipt of a complaint of a violation of the Village
Code or the New York State Uniform Fire Prevention and Building Code,
and every operator or owner shall cooperate with the Village official
in providing access to the premises.
B. Whenever
the Village official determines that there is a violation of the provisions
of the New York State Uniform Fire Prevention and Building Code, he
shall cause a written notice to be served upon the owner or operator,
which shall include:
(1) An
enumeration of conditions which violate the provisions of this chapter.
(2) An
enumeration of the remedial action required to meet the standards
of this chapter.
(3) A
statement of a definite number of days from the date of the notice
in which the owner or operator must commence and complete such remedial
action.
(4) A
statement of the penalties for noncompliance, as set forth herein.
(5) A
copy of such notice shall be filed in the Village Clerk's office,
and such notice shall be deemed sufficient if served upon the owner,
operator, manager or person having an interest in the property, as
those terms are defined herein, as follows:
(b) By certified mail with return receipt requested; or
(c) By posting a copy of said notice on the building, only if attempts
to serve the owner or occupant by the first two methods set out above
are unsuccessful.
(6) Upon failure to comply with said notice, the Village official may issue an appearance ticket returnable in the Village Justice Court and/or proceed to remedy the violation as set forth in §
263-16 below.
C. Whenever the Village official determines that there is a violation of any provision of this Chapter
263 of the Village Code, or of any other Village Code provision, he may immediately issue an appearance ticket returnable in the Village Justice Court.
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.
[Amended 4-19-2012 by L.L. No. 6-2012]
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine of not
more than $500 for a first offense, $1,000 for a second offense, and
$1,500 for a third offense. In the case of a violation of the New
York State Uniform Fire Prevention and Building Code, each day a violation
continues unabated, after notice to comply is served, shall constitute
a separate finable offense.