[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-16-2006 by L.L. No. 6-2006. Amendments noted where applicable.]
Unsafe buildings — See Ch. 102.
It is hereby found that the enforcement of minimum standards of health and safety, fire protection, light and ventilation, cleanliness, repair and maintenance and occupancy in properties, and the buildings thereon, used for business or commercial purposes in general business districts, retail business districts and as preexisting nonconforming commercial or business uses in any zoned district, is necessary to protect the people of the Village. The sound enforcement of minimum standards in said districts is essential to preserve said properties, and buildings thereon, and to bring about the basic decencies and minimal standards for the health, safety and welfare of the consumer public, employees, and any and all occupants therein.
The provisions of this chapter, except as otherwise provided, apply to all such properties, whether vacant or improved, and the buildings thereon, located in general business districts, retail business districts and as preexisting nonconforming commercial or business uses in any zoned district in the Incorporated Village of Cedarhurst.
The owner(s) and tenant(s) of each such property, and buildings thereon, shall keep all and every part thereof and the lot on which it is situated in good repair, clean and free from vermin, rodents, dirt, filth, garbage, debris or other thing or matter dangerous to life or health, and shall be jointly and severally liable for each violation of this chapter.
Each owner of such property shall post, in a conspicuous place, readily viewable from a public area, on each such property and on the main floor of a window or door of a building thereon, a current legible notice on durable material indicating the names, street addresses and telephone numbers of both the owner and the person to be contacted in matters relating to the operation and management of the premises with a copy to the Village Clerk-Treasurer of the Village of Cedarhurst. Either of the persons listed shall be available to respond to a call by a tenant or Village official at all times. If a message is left with a service, the owner, managing agent or superintendent shall respond within 60 minutes of the call.
Each owner and tenant of such property and buildings thereon shall keep the premises in good repair.
Each owner and tenant of such property and buildings thereon shall be jointly and severally responsible for compliance with the requirements of this chapter.
The fact that a tenant is or may be liable for a violation of this chapter or any other law or is found liable for civil or criminal penalties does not relieve the owner of his, her or its obligation to keep the premises and every part thereof clean, in good repair and well maintained.
No tenant shall refuse to permit the owner or his or her agent or employee to enter his, her or its unit or other space located under his or her control to make repairs, cleanups or improvements required by this chapter or other law or to inspect such space to determine compliance with this chapter or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The Building Department may by regulation restrict the time and manner of such inspections.
The owner(s) and tenant(s) of such properties shall keep the roof, adjacent public passageways, and other open spaces clean and free from dirt, filth, garbage, debris or other offensive material.
The owner(s) and tenant(s) of such properties shall maintain the public parts and public sidewalks and roadways adjacent thereto in a clean and sanitary condition.
The owner(s) of each such property shall properly maintain and keep in good repair the plumbing and drainage system, including water closets, toilets, sinks and other fixtures.
The term "nuisance" shall be held to embrace whatever is dangerous to human life or detrimental to health, and shall include but not be limited to a public nuisance as known at common law, statutory law and in equity jurisprudence and such property and buildings thereon that, in violation of this chapter or of any other state or local law, ordinance or regulation do not have adequate egress, safeguards against fire, adequate electrical service, installation and wiring, structural support, ventilation, plumbing, sewerage or drainage facilities, are overcrowded or inadequately cleaned or lighted and the condition constituting such violation is dangerous to human life or detrimental to health. All such nuisances are hereby declared to be unlawful.
Any owner, lessee, tenant, general agent, architect, builder, contractor, subcontractor, workman, employee or any other person, unless stated otherwise herein, who knowingly commits, takes part or assists in any violation of this chapter or who maintains any building or premises in which any violation of this chapter shall exist shall, for each and every violation and for each and every day that such violation continues, forfeit and pay a penalty of not more than $500 but not less than $50 for a first offense, not less than $100 for a second offense and not less than $150 for a third offense where such second and third offenses are committed within 18 months of the first offense. Any violation of this chapter, or any part thereof, shall constitute disorderly conduct, and any person violating the same shall be and is hereby declared a disorderly person.
In addition to the remedies hereinbefore provided, the Mayor, the Board of Trustees or the Building Official acting in the name of the Village, or any person aggrieved, acting in his or her own name, shall have the right and power to enforce the provisions of this chapter by injunction or otherwise as provided by law.
The imposition of the penalties herein prescribed shall not preclude the Village Attorney from instituting any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent an illegal act, conduct, business or use in or about any premises.