[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.]
[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."
As used in this chapter, the following terms
shall have the meanings indicated:
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.
An open and unoccupied space on a lot which is enclosed on
at least three sides by walls of a building.
The face or front of a building.
The presence of insects, rodents, vermin or other pests.
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.
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.
Any individual, partnership, corporation or other entity.
Any assembly of materials forming a construction framed of
component structural parts, which exists for occupancy or use.
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.
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.
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.
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.
[Amended 12-6-2022 by L.L. No. 6-2022]
(1)
It shall be unlawful to install, operate or maintain an air-conditioning
unit on the portion of the structure abutting the street in any area
zoned Business District. By amortization, the right to maintain any
legal pre-existing air conditioning unit in violation of this law
shall terminate 18 months from the adoption of this subsection. Further,
an application for an exemption from the application of this subsection
may be made by the owner(s) to the Village Administrator. When considering
whether to grant an exemption, the Village Administrator shall consider
whether the property owner(s) will suffer unreasonable financial hardship
or an undue burden in complying with this subsection.
(2)
In the event that an owner(s)' application is denied, the owner(s)
may appeal the determination to the Village Board of Trustees. An
appeal must be filed within 30 days of notice of the denial.
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.
Unoccupied hazards shall be subject to condemnation
in accordance with the laws of this Village.
[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.
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.
