Village of Lindenhurst, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 6-16-1992 by L.L. No. 2-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 43.
Building construction — See Ch. 49.
Garbage, rubbish and refuse — See Ch. 97.
Littering — See Ch. 108, Art. I.
Streets and sidewalks — See Ch. 158.

§ 141-1 Purpose; title.

[Amended 4-20-2010 by L.L. No. 4-2010]
A. 
The purpose of this chapter is to provide basic and uniform property and maintenance standards governing the condition and maintenance of all properties and all structures in all zoning districts of the Village of Lindenhurst. This shall include, but not be limited to, all conforming and nonconforming residential homes and other dwellings, garages, pools, open spaces, offices, places of public assembly, shopping centers, supermarkets, retail stores, warehouses, manufacturing and fabrication plants, gasoline stations and other business uses.
B. 
This chapter shall be known as the "Property Maintenance Code of the Village of Lindenhurst."

§ 141-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
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.
COURT
An open and unoccupied space on a lot which is enclosed on at least three sides by walls of a building.
FACADE
The face or front of a building.
INFESTATION
The presence of insects, rodents, vermin or other pests.
JUNKED VEHICLE
Any vehicle, including a trailer, which is without a currently valid license plate or plates and which is either dismantled, partly dismantled, inoperative or in an abandoned condition.
LOT
A plot, tract, premises or parcel of land, with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
PERSON
Any individual, partnership, corporation or other entity.
STRUCTURE
Any assembly of materials forming a construction framed of component structural parts, which exists for occupancy or use.
UNOCCUPIED HAZARD
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.
YARD
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.

§ 141-3 Open areas and parking spaces.

A. 
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. 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.
B. 
Fences and other accessory structures shall be maintained in a safe and nondeteriorated condition.
C. 
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.
D. 
Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. 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.
E. 
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 persons or property shall be removed.
F. 
A junked vehicle may not be parked, stored or left in the open.
G. 
All fences and planting 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.

§ 141-4 Buildings and structures.

A. 
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.
B. 
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.
C. 
The foundation walls of every building shall be maintained in good repair and shall be structurally sound.
D. 
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, repaired or replaced.
E. 
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 Building Inspector 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.
F. 
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.
G. 
All signs, awnings and lighting systems shall be maintained in a completely operable, clean, sightly, nondeteriorated and safe condition.
H. 
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.
I. 
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.
J. 
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.
K. 
Air-conditioning units which are over any public opening shall have its condensation piped away from the entranceway of the same.
L. 
In rental units and buildings only, floors, walls, ceilings and fixtures shall be maintained in a clean and sanitary condition.
M. 
Accessory structures shall be maintained so as to be free of conditions detrimental to safety or health and shall be kept in good repair. Painted surfaces shall be painted as required to maintain the original finish.
N. 
Grounds, buildings and structures shall be maintained free of insects, vermin, rodent, harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.
O. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
P. 
In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls and stairways.

§ 141-5 Unoccupied hazards.

Unoccupied hazards shall be subject to condemnation in accordance with the laws of this Village.

§ 141-6 Penalties for offenses.

[Amended 12-15-2015 by L.L. No. 4-2015]
Any person who violates the provisions of this chapter shall be subject to a fine of not less than $50 nor more than $1,000 or a term of imprisonment not to exceed 15 days, or both.

§ 141-7 Conflict with other provisions.

Where a provision of this chapter is found to be in conflict with any provisions of any other law, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.