[HISTORY: Adopted by the Board of Trustees of the Village of West Haverstraw 6-21-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Rental property — See Ch. 186.
Solid waste and littering — See Ch. 201.
Abandoned vehicles — See Ch. 234.
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 and to ensure and preserve the existing desirable aesthetic qualities of the Village.
For the purposes of this chapter, the following terms shall have the meanings indicated:
COMMERCIAL PREMISES
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.
MULTIFAMILY PREMISES
Any building which is used as a home or residence, other than as a single-family residence, together with any garage or other accessory building and the lot upon which such building or buildings are constructed.
OCCUPANT
Any person, including but not limited to an owner living, sleeping or otherwise occupying premises regulated hereunder.
[Added 8-19-1998 by L.L. No. 5-1998]
OWNER
Any legally responsible person who, alone or jointly or severally with others, shall have legal title to any premises regulated hereunder, or who has charge, care or control of any such regulated premises as owner or agent or representative of an owner, with or without accompanying actual possession thereof.
[Added 8-19-1998 by L.L. No. 5-1998]
PERSON
Includes any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.
[Amended 8-19-1998 by L.L. No. 5-1998]
SINGLE-FAMILY RESIDENCE
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.
[Amended 8-19-1998 by L.L. No. 5-1998]
A. 
Every owner and occupant of premises regulated under this chapter shall maintain such premises in compliance with the requirements set forth herein.
B. 
No person shall rent or let, or otherwise make available for use or occupancy, to another for occupancy or use premises which do not comply with the requirements of this chapter.
[Amended 4-20-2011 by L.L. No. 5-2011]
[Amended 3-18-1998 by L.L. No. 2-1998; 8-19-1998 by L.L. No. 5-1998]
A. 
Generally. The following provisions of this section set forth the minimum standards of maintenance of premises, residential and commercial, within the Village of West Haverstraw.
B. 
Exterior maintenance. All exterior property areas of premises regulated under this chapter shall be maintained in a clean, safe and sanitary condition. In particular, but not by way of limitation, every owner or occupant shall be responsible for the following:
(1) 
Good repair.
(a) 
No person shall abandon, leave, dump, store or keep any nuisance, hazard, litter, debris or other matter attractive to vermin upon any public street or public place or upon any privately owned property within the Village, except as otherwise permitted under this chapter or other provision of law.
(b) 
It shall be the duty of every owner, lessee, occupant, tenant or other person exercising supervision or control of any residential or commercial premises to keep all and every part of the exterior premises, including the steps, walks, driveways and parking areas located in the front, rear or side of said premises, from the building line to the nearest curb, in a clean, sanitary and safe condition. Said area shall be free from litter, debris, paper, dirt, garbage and junk and, except for public improvements, in good repair.
(2) 
Drainage. Surface and subsurface water shall be drained to prevent damage to buildings and structures and to prevent development of stagnant water. Gutters, culverts, catch basins, drain inlets and stormwater 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 or adjoining property.
(3) 
Fences, etc. Fences, retaining walls, signs and other structures situated on property, public and private, shall be maintained in good repair and condition.
(4) 
Snow removal and repair of paved areas. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Within four hours after the cessation of snowfall, snow shall be plowed or shoveled from all steps, walks, driveways and parking areas up to the curb. No snow removed from driveways, walks or other areas shall be deposited upon the public streets or highways.
(5) 
Trees. Dead or incurably diseased trees which present a safety or health hazard shall be removed. Trees shall be kept pruned so as not to present a safety and health hazard.
(6) 
Shrubbery and ground cover. It shall be the duty of the owner, lessee, occupant or tenant of any privately owned property within the Village to maintain grass or other ground cover, trees and shrubbery in a safe and attractive condition, free of noxious weeds and otherwise free of nuisance, hazard, debris, litter and unsightly materials. For the purpose of this provision, all grass or other ground cover shall be kept trimmed to a height of no greater than 10 inches.
C. 
Exterior structure and accessory structures. The exterior of a structure shall be maintained in a structurally sound and sanitary condition, and otherwise in conformity with the New York State Fire Prevention and Building Code,[1] so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the elements.
(1) 
Structural members. All supporting members of all structures shall be structurally sound, free of deterioration and capable of safely bearing the dead and live loads imposed upon them.
(2) 
Foundations. All foundations shall be maintained so as to carry the operating dead and live loads and shall be maintained plumb and free from open cracks and breaks.
(3) 
Exterior walls.
(a) 
Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the wall or the occupied spaces of the building.
(b) 
All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface-coated when required to prevent deterioration.
(4) 
Roofs. The roof shall be structurally sound and tight and not have defects which might admit rain. Roof drainage shall be adequate to prevent water from causing dampness in the walls or interior portions of the building.
(5) 
Decorative features. All cornices, entablatures, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(6) 
Signs, marquees and awnings. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhead extensions shall be maintained in good repair and be properly anchored. They shall be protected from the elements against decay and rust by periodic application of a weather-coating material such as paint or other protective treatment.
(7) 
Chimneys. All chimneys and similar structures shall be maintained in good repair and structurally safe.
(8) 
Stairs and porches.
(a) 
Every stair, porch, rail, balcony and all appurtenances attached thereto shall be so constructed and maintained as to be safe to use and capable of supporting the loads to which it may be subjected.
(b) 
Every window, door and their frames shall be constructed and maintained as to exclude the elements as completely as possible. Where necessary, weather stripping shall be used and maintained in good repair.
(9) 
Glazing. Every required window sash shall be properly glazed with glazing materials without open cracks and holes.
(10) 
Operable windows. Every openable window shall be capable of being easily opened and securely held in an open position.
[1]
Editor's Note: See Ch. 107, Fire Prevention.
D. 
Interior structure. The interior of a structure and its equipment shall be maintained in a structurally sound and sanitary condition.
(1) 
Structural members. The supporting members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads.
(2) 
Interior surfaces.
(a) 
Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained free of serious defects threatening the health and safety of the occupants.
(b) 
Dirt, sand or gravel floors are not allowed. This shall not apply to basements which are not used as living areas.
(3) 
Bathroom and kitchen floors. Every toilet, bathroom and kitchen floor surface shall be maintained so as to permit such floor to be easily kept in a clean and sanitary condition.
(4) 
Cellars, basements and crawl spaces. Cellars, basements and crawl spaces shall be maintained free from conditions posing a threat to the health or safety of the occupants.
(5) 
Sanitation. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the premises thereof which he occupies and regularly uses.
(6) 
Major systems. The interior structure, including but not limited to all heating, lighting, electrical and plumbing systems, shall be in conformity with the New York State Uniform Fire Prevention and Building Code and all other applicable regulations.
The owner, tenant or occupant of any property located within the Village of West Haverstraw shall not park, permit or allow the exterior parking or storage of any vehicle within the front, side or rear yard of such property, unless such vehicle is parked upon a driveway or other paved or dust-free surface provided for such purposes and otherwise in accordance with all applicable provisions of Chapter 250, Zoning, Planning and Building.
The Building Inspector and other duly appointed law enforcement officers of the Village of West Haverstraw shall be charged with the duty of administering and enforcing this chapter.
[Amended 4-20-2011 by L.L. No. 5-2011]
A. 
Any person, upon conviction of a violation of this chapter, shall be punishable by a fine not exceeding $1,000 or by imprisonment not exceeding 15 days in the county jail, or both. Each week any violation of any provision of this Code or of any such law or resolution shall continue shall constitute a separate offense.
B. 
Neither a judgment in or the pendency of a criminal prosecution for an alleged violation of the provisions of this chapter, nor a judgment in or the pendency of a civil action at law or in equity shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
A. 
A notice of violation issued by the Building Inspector, or other Village official duly designated by the Village Board, relative to a premises shall be served either personally, or by certified and regular mail, 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 to whom it is directed.
[Amended 4-20-2011 by L.L. No. 5-2011]
B. 
A notice of violation shall identify the violation, require the person served to cease and desist from the same and prescribe a reasonable period within which to abate such violation. The notice may also contain an outline of remedial action which, if taken, will effect compliance with this chapter.
C. 
Failure to cease and desist and to abate any condition for which a notice of violation has been served by the Building Inspector as provided herein shall constitute a violation of this chapter subject to punishment hereunder.
D. 
The continuation of a violation of the provisions of this chapter shall constitute, for each week the violation is continued, a separate and distinct offense hereunder.
Whenever the Building Inspector or enforcement official finds that an emergency exists which requires immediate attention to protect the public health or safety, he shall 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.
[Amended 1-19-2011 by L.L. No. 1-2011; 4-20-2011 by L.L. No. 5-2011]
A. 
Upon the failure, neglect or refusal of any owner, person or agent so notified to properly comply with this chapter within the time period set forth in the notice of violation, the Building Inspector, or other Village official duly designated by the Village Board, is hereby authorized and empowered to correct, or to cause the correction, of the said violation, at the expense of the owner, subject to the later approval and ratification of the Board of Trustees of the Village of West Haverstraw.
B. 
When the Village has effected the correction of the violation or has paid for its correction, the Building Inspector, or other Village official duly designated by the Village Board, 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 when work was completed and the location of the property, by section, block and lot, 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 costs 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 the same is not paid in full on or before the date the tax bill upon which 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. In addition, the owner shall further be responsible for the payment of an administrative assessment of $500 to compensate the Village for the administrative costs associated with correction of the violation.