[Adopted 3-29-1993 by L.L. No. 31-1993]
This article shall be known and may be cited
hereinafter as the "Property Maintenance Law of the Village of Airmont
- Parking Areas."
It is the aim of the Village Board of the Village
of Airmont to promote the public health, welfare and safety of the
citizens by providing for cleanliness, maintenance and preservation
of parking, accessory and other open areas provided for or required
in connection with any subject premises. To do so, the Village Board
does hereby enact this article regulating the management and maintenance
of parking areas, accessory areas or other open space used in connection
therewith.
As used in this article, the following terms
shall have the meanings indicated:
Buffer zones, setbacks, side and rear yards or other areas,
surfaced or natural, or open space used in connection with subject
premises.
The residue from the burning of wood, coals, coke or other
combustible materials.
Putrescrible animal and vegetable wastes resulting from the
preparation, handling, cooking and consumption of food.
A covered container which is rodent-, vermin-, insect- and
waterproof.
Owner, tenant, trustee, receiver, executor or other person
who controls, in whole or in part, any subject premises.
Sunset of any day to the sunrise of the following day.
Space provided by the holder for the parking of vehicles,
together with the means of ingress and egress thereto and the roads
and driveways of any subject premises.
All solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleaning, dead animals, abandoned automobiles
and solid market and industrial wastes.
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials.
Any premises which contains, in whole or in part, any parking area servicing any industrial, commercial (retail, wholesale or services to the public), professional, educational, entertainment or recreational area or in conjunction with apartment or multiple residences or other areas regularly used for purposes or functions to which the general public is invited, directly or indirectly, the ingress and egress thereto, roads and driveways therein, buffer zones, setbacks or other open space in connection therewith with respect to all of said areas used in connection with such premises or any other open areas provided for in connection with the issuance of a certificate of occupancy, variance or special permit as required pursuant to Chapter 210, Zoning, of the Code of the Village of Airmont or any law applicable to such premises or use thereof.
A container with appropriate cover to receive hand-carried
discarded paper and trash.
Any holder of a subject premises shall comply
with the following:
A.
The subject premises shall be kept free and clear
of ashes, dirt, debris, rubbish, garbage, refuse and other obstructions
and the same shall be kept properly repaired and maintained.
B.
All roads, sidewalks, driveways, parking areas and
other areas used in connection with the subject premises, as well
as the means of ingress and egress to the subject premises, shall
be kept in proper repair and free from dirt, refuse, snow and ice.
C.
All water drains and water drainage systems shall
be kept clean and in proper working order.
D.
All prescribed lights shall be kept in proper working
order and lighted during the lighting period when the subject premises
or any portion thereof is being used by the holder or the subject
premises or any portion thereof is open for business.
E.
All fences, screening, curbing, grass, shrubbery,
retaining walls, slopes and other space used in connection therewith
shall be kept maintained and/or repaired.
F.
Any parking lines for parking spaces shall be kept
properly painted and marked. Parking spaces for handicapped persons
shall be completely covered with an iridescent, light blue paint,
upon which there shall be superimposed the handicapped logo, as is
provided by law for such parking spaces.
G.
All exterior areas shall be kept free and clear of
the storage of goods, wares and merchandise. Loading and unloading
are to be done in designated zones only.
H.
All refuse shall be stored in the designated place
or places in proper garbage receptacles.
I.
There shall be at convenient places proper trash receptacles,
which shall be sufficiently serviced to prevent overflow.
A.
The Ramapo Police Department, Building Inspector and
Code Enforcement Officer of the Village of Airmont serving the Village
of Airmont shall have the power, right and authority to issue an appearance
ticket, as the same is defined in Article 150 of the Criminal Procedure
Law of the State of New York, for the violation of any section of
this article.
B.
In addition to any other penalty under the law, the Building Inspector or any official as designated herein upon the direction of the Village Board is hereby authorized and empowered to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening on land within the jurisdiction of the Village where such screening facilities are required by the Zoning Board of Appeals, the Planning Board or such other department or agency of the Village of Airmont having jurisdiction of the premises, or Chapter 210, Zoning, or Chapter 180, Subdivision of Land, of the Code of the Village of Airmont, or such other law or ordinance affecting the said premises and there is a failure to comply with such direction, and, if after giving 30 days' notice by registered mail addressed to the owner of record of such land at the address shown on the last preceding assessment roll, such fences, trees, plantings, shrubbery or other screening are not so erected, replaced, repaired or maintained by or on behalf of such owner, all costs and expenses incurred by the Village in connection with any action so taken shall be assessed against the land upon which such screening facilities are located. A copy of this article shall be attached to any notice sent under this subsection.
This article is not in limitation of any other
law, rule, regulation, order or certificate which may affect any premises
subject to this article or any penalty, fine or liability thereunder,
but is in addition thereto. Any inconsistent local law, regulation,
order or certificate or part thereof in conflict with this article
is hereby repealed, insofar as it may affect the enforcement of this
article.
A.
In addition to any other penalties that may be invoked
under this article, any person, firm or corporation violating any
of the provisions of this article shall be punishable by a maximum
fine of $250 or a maximum term of imprisonment of 15 days, or both.[1]
B.
In addition to the above-provided penalties and punishment,
the Village may also maintain an action in the name of the Village
in any court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this article.
C.
Each day that a violation of this article is committed
or continues to exist shall constitute a separate offense.
