Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 71.
Electrical standards — See Ch. 90.
Fire limits — See Ch. 103.
Plumbing — See Ch. 158.
Sewers — See Ch. 173.
Solid waste — See Ch. 183.
Streets and sidewalks — See Ch. 187.
Swimming pools — See Ch. 192.
Trees — See Ch. 207.
Abandoned vehicles — See Ch. 216.
[Adopted 2-17-1937 (Ch. 46 of 1975 Code)]

§ 161-1 Applicability.

This Article shall apply only to that part of the Town of Mamaroneck outside of incorporated villages, and whenever and wherever the words "Town of Mamaroneck" are used, such words shall mean the Town of Mamaroneck outside of incorporated villages.

§ 161-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
PARK, PARKING OR PARKED
The stopping of a motor vehicle or motorcycle upon any public highway and leaving such motor vehicle or motorcycle unattended by a person capable of operating it for a period longer than necessary to load or unload passengers or freight.
PERSON
Includes individuals, copartnerships, corporations and incorporated and joint-stock associations.
[Added 5-3-1939]
SIDEWALK
That portion of the street between the physically established curblines and the designated property lines.
STREET
Every way set apart for public travel, except alleyways, bridle paths and footpaths.
VEHICLE
Every device by which any person or property is or may be transported or drawn upon the street.

§ 161-3 Abatement; notice to comply.

[Amended 9-24-1947]
A. 
Every owner, tenant or occupant of land shall cut, trim or remove all brush, grass, rubbish, noxious weeds, litter or other similar unsightly or objectionable material therefrom at his own expense.
B. 
In addition to the enforcement of the fines and penalties provided in § 161-5 of this Article, the Town Clerk may serve written notice upon owners, tenants and/or occupants of any such premises to trim, prune and, if necessary, remove noxious weeds, rubbish, litter or other similar unsightly or objectionable material from the premises within 10 days, and, in default thereof, the Town may carry out the provisions of this section and collect the expense thereof from the owner or assess the expense thereof upon the land, where the owner refuses or neglects to comply with the notice so served.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Such notice may be served either personally or by mail, addressed to any owner, tenant or occupant at the address or place of business designated in any deed, conveyance or other instrument filed or recorded in any public office or in any letter or writing addressed to the Assessor or Receiver of Taxes of the Town of Mamaroneck.

§ 161-4 Lots at street intersections. [1]

All owners, tenants and/or occupants of premises at any corner formed by the intersection of highways shall, within 15 days of the receipt from the Town Clerk of written notice to do so, trim, prune and, if necessary, remove all hedges, brush, shrubs and overhanging limbs of trees or any obstacle upon such part of the premises as is specified in said notice, to the end that persons driving vehicles upon either of such intersecting highways shall have an unobstructed view across such part of said premises to the other of said highways for a distance of at least 20 feet from such intersection, measured along such highway on which such vehicle is traveling.
[1]
Editor's Note: See Ch. 240, Zoning, § 240-53, for more restrictive provisions relating to obstructions at intersections in residential districts.

§ 161-5 Penalties for offenses.

A. 
Any person violating any of the provisions of this Article, as the same may be from time to time amended, for which no other penalty is provided, shall be guilty of a violation punishable by imprisonment for not more than 15 days or by a fine of not more than $250, or both.
[Amended 10-20-1954[1]]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Additional penalties.
[Amended 12-17-1953]
(1) 
Violation of §§ 161-3 and 161-4 of this Article shall subject the offender, for each offense, to a civil penalty not to exceed $25.
(2) 
The penalty for violation as above provided shall be in addition to any fine provided for in § 161-5A.
(3) 
Every day or part thereof that such violation shall continue shall be deemed to be a separate and distinct violation of said several provisions of this Article and shall render every person liable for a separate penalty for each such violation.
[Adopted 6-17-1970 as L.L. No. 2-1970 (Ch. 61 of 1975 Code)]

§ 161-6 Legislative intent. [1]

In order to prevent blight and the spread thereof, it is hereby declared that all structures used for residential or commercial purposes, including but not limited to one-family dwellings, two-family dwellings, multiple dwellings, shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, factories, gasoline service stations, restaurants, food-service establishments, office buildings, public garages, motor vehicle repair shops or other business uses, whether occupied or vacant, and accessory structures, located in the Town of Mamaroneck, shall be maintained in conformance with the standards set out in this Article so as to assure that these structures and properties will not adversely affect the neighborhood and the community at large. It is found and declared that by reason of lack of maintenance and progressive deterioration, certain structures and properties have the further effect of creating blighting conditions and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions, as herein contained, the growth of blight may be prevented and the neighborhood and property values thereby maintained and the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered. This Article has been prepared and adopted with consideration of the character of the various zoning districts and the stability for the particular uses therein.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 161-7 Definitions and word usage.

The following definitions shall govern the interpretation of this Article unless otherwise expressly defined herein. Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
PERSON
A natural person or persons, corporations, copartnerships, unincorporated associations or any other organizations of two or more persons who is or are the owner or owners, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or agent directly or indirectly in control of a building within the confines of the town, as defined aforesaid.
TOWN
All areas within the Town of Mamaroneck, exclusive of areas wholly within any incorporated village.

§ 161-8 Standards for open areas.

A. 
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds.
B. 
No shopping baskets, carts or wagons shall be left unattended or standing, and said baskets, carts or wagons shall be regularly collected and removed to the interior of the building or buildings from which they were taken by the person responsible for said building or buildings.
C. 
All fences shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to the replacement and/or repair of fences which may become in disrepair.
D. 
All landscaping shall be well maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor, thereby depreciating adjoining property. Such maintenance shall include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed.
E. 
All recharge stormwater basins shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to:
(1) 
The cleaning of storm sewers and other drainage appurtenances serving said basin so that said installations function as designed.
(2) 
The removal of any garbage, rubbish, silt, topsoil or other foreign material which creates an unsanitary condition or prevents or impedes the leaching action of said basin.
F. 
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 or necessary repairs or replacement carried out. All off-street parking facilities shall be swept at least twice a year.
G. 
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 rubbish from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
H. 
All permanent signs exposed to public view shall be maintained in good repair. Excessively weathered or faded signs shall be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or removed.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
I. 
No person shall deposit, throw or scatter or suffer, permit or allow the accumulation of any filth, dirt, ashes, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles or glass of any kind, old cars and parts thereof or any other kind of rubbish or waste material upon any sidewalk, highway or public place or upon any vacant or improved lot, piece or parcel of ground abutting upon any sidewalk, highway or public place or upon any private property within the Town except in accordance with the provisions of Chapter 183, Solid Waste, of the Code of the Town of Mamaroneck.

§ 161-9 Standards for 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.
B. 
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, 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 be structurally sound.
D. 
Exterior walls, including doors and windows, roofs and the areas around doors, windows, 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. 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 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.
F. 
Buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. The methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.

§ 161-10 Heating of occupied buildings and potable water.

[Added 1-2-1974 by L.L. No. 1-1974]
A. 
Every owner, operator or person who shall have contracted or undertaken to heat or to furnish heat for any building or portion thereof, or has a business establishment where one or more persons are employed, shall heat or furnish heat for every occupied room in such building or portion thereof so that a minimum air temperature of 68° F. shall be maintained therein between the hours of 6:00 a.m. and 11:00 p.m. and not less than 60° F. between the hours of 11:00 p.m. and 6:00 a.m., whenever the outer or street temperature shall fall below 50° F. Potable water heating equipment shall be maintained to supply sufficient domestic hot water at adequate pressure to each hot-water plumbing outlet at a minimum temperature range of one hundred thirty degrees to one hundred forty degrees Fahrenheit (130° to 140° F.) at all times.
(1) 
This section shall not apply where the failure to maintain the minimum requirement is caused by a general shortage of fuel, negligent or malicious act of the occupant, necessary repairs or alterations or any cause beyond the control of the owner or occupant.
(2) 
The term "air temperature" shall mean a temperature of the atmosphere obtained at the approximate center line of any interior wall at a distance of 48 inches above the average floor level of the room.
(3) 
This section shall not apply to buildings or portions thereof used and occupied for trades, businesses or occupations where high or low air temperatures are essential and unavoidable.
B. 
No person shall cause any service facility, equipment or utility which is required to be supplied by the provisions of this Article to be removed or shut off from or discontinued for any occupied dwelling unit except for necessary repairs, alterations or emergencies.

§ 161-11 Penalties for offenses.

A. 
Any person violating any provisions of this Article shall be guilty of an offense punishable by fine or imprisonment, or both. Any person violating any provisions of this Article shall be subject to a penalty in the sum of not more than $50 for the first violation and in a sum of not more than $100 for subsequent violations, said penalties to be recovered in a civil action in the name of the Town of Mamaroneck.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Each and every day of violation is to be considered a separate violation under this Article II and, therefore, subjects the offender to a separate penalty for each and every day.
[Added 12-17-1975 by L.L. No. 1-1975]

§ 161-12 Enforcement.

This article shall be enforced by the designated Building Official of the Town or by deputies whom said Building Official designates for this purpose.

§ 161-13 Janitorial services.

[Added 5-19-1999 by L.L. No. 4-1999]
A. 
Whenever there are 10 or more families occupying any multiple dwelling and the owner does not reside therein, there shall be a janitor, housekeeper or some other person responsible on behalf of the owner, who shall reside in said dwelling or within a distance of 300 feet from said dwelling, and who shall at all times maintain the premises in compliance with this article and keep the premises free from filth, garbage, refuse and rubbish and who shall be responsible for the daily collection of garbage and other refuse from the occupants on a regular schedule and at a reasonable time and place the same out for collection and who shall have charge of such dwelling, except that where two or three multiple dwellings are connected or adjoining, one resident janitor or such other person named above shall be sufficient. The name of such janitor or other such person shall be registered with the Building Department of the Town of Mamaroneck.
B. 
The owner or agent shall make his name, post office address and telephone number known to all tenants by posting it in a lobby or public hallway or other method satisfactory to the Director of Building Code Enforcement and Land Use Administration and shall also make available and known to all tenants and the Director of Building Code Enforcement and Land Use Administration the name, address and telephone number of an alternate individual who shall be responsible during the absence of said superintendent, janitor, caretaker or housekeeper. In the event that the landlord chooses to post his telephone number, he must post the telephone number of an agent authorized by him to make repairs and to act in emergencies.
[Amended 10-16-2002 by L.L. No. 10-2002]
C. 
When changes in personnel occur, it shall be the obligation of the owner or agent to keep the Building Department and tenants advised of all changes.
D. 
Said janitor, superintendent, caretaker or housekeeper shall have sufficient knowledge, competence and responsibility and shall have authority from the owner or operator to attend to or arrange for continual operation of all essential services and facilities required under this article.
E. 
Failure of any janitor, superintendent, caretaker or housekeeper to comply with the provisions of this article shall not relieve the owner or agent from the duties and responsibilities imposed by this article.