[HISTORY: Adopted by the Board of Trustees of the Village of Spring
Valley 12-7-1970 as Subpart E of the 1970 Code. Amendments noted where applicable.]
The Board of Trustees of the Village of Spring Valley, being desirous
of furthering the public health, welfare and safety of the residents of the
village by providing for the cleanliness, maintenance and preservation of
parking areas and other open areas and spaces within the Village of Spring
Valley whereon tenants or employees or the general public are invited, directly
or indirectly, for industrial, commercial, professional, educational, entertainment
or recreational purposes, and of open parking areas or other open spaces used
in conjunction with apartments or multiple residences, does hereby enact this
chapter regulating the use and maintenance of parking areas, driveways, buffer
zones, setbacks and other open spaces used in connection with the aforementioned
purposes.
Duty to care for and maintain. Any owner, tenant, trustee, receiver,
executor or other person, firm or corporation who or which controls, in whole
or in part, any parking area servicing any industrial, commercial, professional,
educational, entertainment or recreational area or which services apartments
or multiple residences or other areas regularly used for purposes or functions
to which the general public is invited, directly or indirectly, or subdivisions
or lots therein, or the ingress and egress thereto, or roads and driveways
therein or buffer zones, setbacks or other open space in connection therewith
shall comply with the following, and the violation thereof shall constitute
an offense and be punishable under this chapter:
A.
Keep the same free and clear of dirt, debris, rubbish,
garbage and other obstructions and keep the same properly repaired and maintained.
B.
Keep all roads, driveways and means of ingress and egress free of snow and ice, in addition to the duties imposed pursuant to Subsection A above.
C.
Keep parking areas sufficiently clear of snow so as to
permit proper use of the parking area.
D.
Keep all water drains and water drainage systems for
said parking areas, driveways and roads therein clean and in good working
order.
E.
Keep all prescribed lights in good working condition
and lighted as required by law.
F.
Keep all sidewalks, fences, buffer zones, yards and setbacks
clean, the grass and shrubbery properly tended and retaining walls, slopes,
curbings, fences, screening and signs properly maintained.
G.
Keep the parking lines for parking spaces and lines designating
fire lanes properly painted and marked.
H.
Keep all exterior areas free and clear of the storage
of goods, wares and merchandise, except for reasonable periods for loading
and unloading.
I.
Keep all garbage and refuse stored in designated places
and in proper receptacles.
A.
Enforcing official designated. This chapter shall be
administered and enforced by the Building Inspector or the Department of Public
Works of the Village of Spring Valley.
B.
Issuance of appearance ticket for prosecution of violation. Upon the determination of the Building Inspector or the Department of Public Works that a violation exists pursuant to § 173-2A hereof, the Building Inspector or the Department of Public Works is authorized, empowered and permitted to issue or cause to be issued an appearance ticket returnable in the Village Justice Court of the Village of Spring Valley or any other court of competent jurisdiction for the prosecution of said violation.
C.
Erection, repair and replacement of screening facilities.
In addition to any other penalty which may be provided by law for a violation
of any requirement for screening facilities which may be mandated by either
any official board of the Village of Spring Valley or by the Code of the Village
of Spring Valley, the Building Inspector or the Department of Public Works,
upon the direction of the Board of Trustees, may be authorized and empowered
to erect, replace, repair or maintain fences, trees, plantings, shrubbery
or other screening on land where such screening facilities may be determined
to be required if, after giving ten (10) 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; and all costs and expenses so incurred by the village
in connection with any action taken as above is hereby directed, upon completion,
to be assessed against the land on which such screening facilities are located
upon. A copy of this section of this chapter shall be attached to any notice
sent as provided for herein.
This chapter is not in limitation of any other law, rule, regulation,
order or certificate which may affect any premises subject to this chapter
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 law is hereby repealed insofar as it may affect the
enforcement of this chapter.
A.
Any person, firm or corporation or agent who shall violate
any provision of this chapter shall be guilty of a violation punishable by
a fine not to exceed five thousand dollars ($5,000.) and/or imprisonment for
a period not exceeding fifteen (15) days, or both. The continuance of such
offense against the provisions of this chapter shall constitute, for each
and every day or part thereof the same is continued, a separate and distinct
violation hereunder.
[Amended 5-19-1981 by L.L.
No. 5-1981; 4-12-1988 by L.L.
No. 4-1988]
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed
or is permitted to exist may constitute a separate offense.
