City of New Rochelle, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 9-18-1984 by Ord. No. 228-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 111.
Garbage, rubbish and refuse — See Ch. 163.
Housing standards — See Ch. 174.
Streets and sidewalks — See Ch. 281.
Trees and shrubs — See Ch. 301.
Abandoned vehicles — See Ch. 309.

§ 250-1 Accumulation between property line and curb.

It shall be unlawful for any owner, lessee or occupant of any occupied or unoccupied lot or piece of land, or any part thereof, within the City of New Rochelle to cause, permit or maintain on any such lot or land or on or along the sidewalk or street adjacent to the same, between the property line and the curb, or the edge of the street pavement, if there is no curb, an accumulation of rubbish, trash, garbage, litter, debris or discarded objects or things of any kind, and it shall be the duty of any owner, occupant or lessee to so maintain the lot or land or any part thereof that no such accumulation shall occur thereon.

§ 250-2 Vacant premises.

[Added 4-17-1990 by Ord. No. 96-1990; amended 6-16-1992 by Ord. No. 137-1992; 9-27-1994 by Ord. No. 210-1994; 7-18-2000 by Ord. No. 131-2000; 12-13-2005 by Ord. No. 5-2005; 6-23-2009 by Ord. No. 97-2009]
A. 
When the street-level premises of a mixed-use or commercial building in the City of New Rochelle, which is located other than in the Central Parking Area as shown on the Zoning Man under § 331-7 of the Zoning Code and which is visible to the public from an adjoining sidewalk or street, becomes vacant and remains vacant for a period in excess of 30 days, such premises shall be cleared out to broom-clean condition and its interior made fully visible to such adjoining sidewalk or street. All windows of such street level premises shall be kept in clear, good and unobstructed condition.
B1. 
When the street-level premises of a building which is located in the Central Parking Area, as shown on the Zoning Map under § 331-7 of the Zoning Code, and which is visible to the public from an adjoining sidewalk or street becomes vacant and remains vacant for a period in excess of 30 days, the glass of its street-level premises shall be covered, either inside or outside, with a graphically designed covering which is constructed of heavy-duty material suitable for long-term use. The material of such covering shall be ultraviolet stabilized. Such covering shall not block visibility through that portion of streetfront glass located between 48 inches and 66 inches above the sidewalk. The design, material, and method of installation of such covering shall be subject to the prior approval of the Municipal Art Commission.
B2. 
As an alternative to the provisions of Subsection B1 above, application may be made to the Municipal Art Commission to create an artistic display on or behind the streetfront glass, provided such display does not block visibility through that portion of streetfront glass located between 48 inches and 66 inches above the sidewalk level. Approval for this alternative shall be at the sole discretion of the Municipal Art Commission.
C. 
As an alternative to the provisions of Subsection A above, where the Building Official has determined that full visibility to the interior of a building is not in the public interest, the Building Official may order the owner, lessee or other responsible individual or entity of such mixed-use or commercial building to place a covering to block the view of the interior of the premises to public view. The covering shall be of such material as provided below that shall conceal the interior of the premises from public view. Said covering shall allow for not less than a three-by-three-inch and not more than a five-by-three-inch opening in any covering.
(1) 
In no instance shall this covering consist of any substance sprayed on said windows or doors or of wooden boards, including but not limited to plywood, placed over said windows or doors, but rather may consist of the following which shall be maintained in a clean and neat condition:
(a) 
Venetian or similar blinds;
(b) 
Drapes, curtains or shades;
(c) 
Window display which conceals the interior of the premises from public view; or
(d) 
Such other covering as determined appropriate by the Building Official.
(2) 
If said opening is protected by a temporary enclosure, that enclosure shall be in conformance with the Building Code for fire ratings and shall be in harmony with the architectural character of the structure.
D. 
When a Lot located in a commercial or mixed-use zoning district, which Lot is visible to the public from an adjoining sidewalk or street, becomes vacant and remains vacant without any use and/or new construction for more than six months, the owner of such Lot shall erect a wrought-iron fence on such Lot along each property line which fronts on a public right-of-way and shall plant evergreen vegetation on such Lot directly behind and at the same height as such fence.
(1) 
This requirement may be waived by the Building Official based on one or more of the following:
(a) 
The Lot has a currently valid building permit for construction on such Lot and construction is scheduled to commence within 30 days of the issuance of such permit;
(b) 
The Lot has a currently valid site plan approval and/or zoning variance and an application for a building permit for construction on such Lot has been filed with the Building Official; and/or
(c) 
The installation of such fence and vegetation would significantly impair traffic sight lines so as to create a public hazard or risk.
(2) 
The height, design, location; and spacing of such fence and evergreen plantings shall be determined and ordered by the Building Official, based on the following factors:
(a) 
Condition of the Lot;
(b) 
Use of adjoining properties;
(c) 
Required access to the Lot;
(d) 
Landscaping and fencing on adjoining properties; and
(e) 
Required sight distance for traffic.
(3) 
In no event shall the height exceed six feet.

§ 250-3 Exterior property and structures.

[Added 11-20-1990 by Ord. No. 271-1990]
A. 
The exterior of all property and every structure shall be maintained in a clean and sanitary condition.
B. 
All exterior surfaces of a structure or premises, including but not limited to walls, window treatments, facades, windows, doors, canopies and billboards, shall be maintained in a clean, safe and sanitary condition. All graffiti or defacing of any exterior structure or premises shall be removed and the surface finish restored within a forty-eight-hour period.
[Amended 5-20-1997 by Ord. No. 104-1997]
C. 
No exterior surface of a structure or premises, including but not limited to windows and window treatments, shall be covered so as to conceal the interior of the premises to the public view except as provided in § 250-2B.
[Added 6-18-1996 by Ord. No. 134-1996]
D. 
The installation and maintenance of exterior security grilles are subject to the requirements of § 331-21 of the Zoning Code. Interior security grilles may be installed inside a building, window, provided that 70% of the grille surface permits visibility into the interior of the building.
[Added 6-17-2008 by Ord. No. 131-2008]

§ 250-4 Dumpsters, garbage containers and garbage storage areas.

[Added 11-20-1990 by Ord No. 272-1990; amended 6-25-1991 by Ord. No. 154-1991]
A. 
Dumpsters, garbage containers and garbage storage areas (or bins) are an accessory use for commercial, industrial and multifamily building trash storage. A permit shall be obtained from the Bureau of Buildings. Conformance with the following regulations shall be required:
(1) 
Dumpsters, containers or storage areas shall be enclosed on three sides with dense evergreen screening, solid fencing or solid brick walls which shall be as high as the receptacle but no lower than 48 inches high. An opaque gate shall be provided on the fourth side to facilitate cleaning, filling and emptying the dumpster or area.
(2) 
The dumpster or gate shall be locked to prohibit unauthorized use.
(3) 
The area around the dumpster and/or bin shall be kept clean at all times.
(4) 
No trash shall be permitted to be stored outside the dumpster or garbage area. The dumpster shall be promptly emptied when full. Each receptacle shall have a cover and shall be fully closed at all times.
(5) 
The dumpster, container or storage area shall be placed on an impervious pad.
B. 
Dumpsters or containers may be placed on public property for a limited amount of time upon obtaining a permit from the Department of Public Works.
C. 
Use of dumpsters in residential areas shall require temporary permits, which shall be authorized by the Bureau of Buildings for a period not exceeding 30 days.
D. 
On the premises of one- and two-family dwellings, garbage containers and bins placed in the front yard shall be screened with evergreen or solid fencing not to exceed four feet in height.
E. 
All nonconforming preexisting dumpsters, containers or garbage storage areas shall comply with the requirements of this section within 12 months of the adoption of this section.

§ 250-5 Vegetation.

[Added 5-20-1997 by Ord. No. 104-1997[1]]
A. 
Prohibited growths. It shall be unlawful for any owner, lessee, occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City of New Rochelle to permit or maintain on any such lot or land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or middle of the alley or the edge of the street pavement if there is no curb any growth of weeds, grass or other rank vegetation to a greater height than six inches or any accumulation of dead weeds, grass or brush. It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, overhang or border any public place or allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
B. 
Duty of owner, lessee or occupant. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 250-5A.
[1]
Editor's Note: This ordinance also renumbered former § 250-5 as § 250-7.

§ 250-6 Abatement.

[Added 5-20-1997 by Ord. No. 104-1997; amended 12-13-2005 by Ord. No. 5-2005]
In the event that an owner of an occupied or unoccupied lot shall fail to maintain the same as required by this Chapter, the Building Official may serve written abatement notice and may cause such work to be undertaken by or on behalf of the City, pursuant to the procedures set forth in Section 200 of the City Charter.

§ 250-7 Penalties for offenses. [1]

[Amended 4-17-1990 by Ord. No. 96-1990; 11-15-1994 by Ord. No. 255-1994; 10-16-2007 by Ord. No. 238-2007]
Any person found guilty of an offense against this Chapter or the State Code shall be punishable by a fine of not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this Chapter, or by imprisonment for not more than 15 days, or both. Each and every day a violation continues shall be considered a separate and additional violation.
[1]
Editor's Note: Added during codification; see Ch. 1, General Provisions.