A.
Vacant lots or lands. The owner of any vacant lot in the Village
shall not permit or maintain any growth of tall weeds, grass or brush
for a distance of 100 feet from any street or highway upon which such
lands front and for a distance of 100 feet from any building; provided,
however, that cutting and removing such weeds, grass or brush at least
two times each year, once before August 1, shall be deemed to be a
compliance with this provision. This provision shall not apply to
land under cultivation nor to naturally wooded lots or lands.
B.
Maintenance of lawns. The owner of real property in the Village shall
not permit nor maintain grass or weed growth in excess of six inches
in height, on average, on any part of the property, whether occupied
or unoccupied; except that this provision shall not apply to landscaped
improvement consisting of flowers, shrubs and like and which are not
an overgrowth of wild flowers, plants or shrubs.
C.
Cutting along streets. The owner of real property fronting upon any
street, highway or public way shall cut or cause to be cut and remove
all grass, brush and weeds growing between the street pavement edge
and the property line at least once each month from May through October,
inclusive.
D.
Pruning or removal of dead, dangerous or diseased trees. The owner
of real property in the Village shall cause the pruning or removal
of any dead, dying, dangerous or diseased trees on such private property
within the Village when such trees constitute a hazard to life or
property or harbor insects or disease which constitute a potential
threat to other trees within the Village.
E.
All land must be kept free of dead or dying trees and accumulations
of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious
growths, garbage, refuse or debris which would either tend to start
a fire or increase the intensity of a fire already started or cause
poisoning or irritation to people or animals or cause or tend to cause
or enhance an unhealthy or dangerous or obnoxious condition on said
property or on any adjacent or neighboring property.
No person, as owner, occupant, lessee or agent or in any capacity,
shall store, deposit, place, maintain or cause or permit to be stored,
deposited, placed or maintained outdoors any debris, garbage, junk,
rubbish or solid waste upon any private property within the Village.
This section shall not apply to any solid waste, rubbish or debris
temporarily stored or placed in a container for collection or disposal.
The exterior of the premises and the condition of structures
shall be maintained so that the premises and buildings shall reflect
a level of maintenance in keeping with the standards of the community
and shall not constitute blight from adjoining property owners or
lead to the progressive deterioration of the neighborhood. Such maintenance
shall include, without limitation, the following:
A.
Foundations, porches, decks, steps, stairs and walls shall be in
good condition.
B.
Vent attachments, chimneys and flues shall be safe, durable, smoketight
and capable of withstanding the action of flue gases.
C.
Exterior balconies, porches, roof area (other than used for normal
maintenance), landings, stairs and fire escapes shall be provided
with banisters or railings properly designed, installed and maintained
to minimize the hazard of falling and unsightly appearance.
D.
Porches exposed to public view shall not be used for storage.
E.
All signs and billboards exposed to public view permitted by the
Zoning Law[1] or as a lawful nonconforming use shall be maintained in
good repair. Any signs that have become excessively weathered, those
upon which the paint has excessively peeled or those whose supports
have deteriorated to that they no longer meet the structural requirements
of the New York State Uniform Fire Prevention and Building Code shall,
with their supports, be removed or put into a good state of repair.
All non-operative or broken electrical signs shall be repaired or
shall, with their supports, be removed. Signs denoting a business
which is no longer on the premises shall be removed within 30 days
of the date on which the business ceases to occupy the premises.
F.
All exterior walls of a building, accessory building, or structure,
whether residential, commercial, or industrial, exposed to the public
view shall be kept in a good state of repair. Storefronts or any portion
of a structure shall not show evidence of excessive weathering or
deterioration of any nature. Unoccupied storefronts shall be maintained
in a clean and neat appearance.
G.
Any awnings or marquees and accompanying structural members shall
be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or similar material and are
exposed to public view, such material shall not show evidence of excessive
weathering, discoloration, ripping, tearing, holes or other deterioration.
Nothing herein shall be construed to authorize any encroachment on
streets, sidewalks, or other parts of the public domain.
H.
All vacant buildings shall be continuously guarded or sealed and
kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Code
Enforcement Officer as to design and building material. Owners of
such buildings shall take such steps and perform such acts as may
be required 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 and that such property does not become infested with
vermin or rodents.
I.
Any exterior structures, including fences, that are defaced with
graffiti shall not remain so defaced for a period longer than five
days, provided that, if the subject graffiti can reasonably be interpreted
as being hateful or derogatory towards any person or any group of
persons by virtue of their actual or perceived race, color, religion,
age, disability, marital status, sexual orientation, military status,
or national origin, then the Village may require the property owner
to remove the graffiti within two days.
J.
Exterior walls, including doors and windows and the areas around
doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. 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,
with like or similar materials and colors.
K.
All exposed exterior surfaces shall be maintained free of broken
or cracked glass, loose shingles or loose or crumbling stones or bricks,
loose shutters, railings, aerials, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance.
Said conditions shall be corrected by repair or removal. All exposed
exterior surfaces of structures not inherently resistant to deterioration
shall be coated, treated or sealed to protect them from deterioration
or weathering. Wood, masonry or other exterior materials that will
naturally resist deterioration do not have to be treated but must
be otherwise maintained in a sound, secure, workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained
in a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs
and fixtures of buildings shall be maintained in a clean safe, sanitary
condition. Every floor, exterior wall, roof, porch or appurtenance
thereto shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the building or to the public.
L.
Roof drains, overflow pipes, air-conditioning drains and any other
device used to channel water off or out of a building shall be maintained
in a safe and operable condition and shall not drain onto a public
sidewalk, walkway, street, alleyway or adjoining property.
M.
Piles of materials such as dirt, sand and similar materials shall
be used or removed within 30 days of receiving said materials. Failure
to comply with this subsection, within five days of being notified,
will result in the Village taking any legal action necessary to correct
the violation. This will include the issuing of an appearance ticket
and/or the Village removing the material or having the same done by
contract with a third party. Any and all cost associated with correcting
the violation shall be assessed upon the real property on which the
violation is found. The fees for action taken by the Village shall
be established from time to time by the Board of Trustees by resolution.
N.
Materials used for repair of exterior surfaces of buildings and structures,
including but not limited to foundations, roofs, walls, windows, doors,
stairways, columns and chimneys, shall be of like or similar material
to that which is being repaired for the existing surfaces. The use
of tarps, plywood or other such material is prohibited for longer
than 90 days when visible from a public view.
A.
Surface or subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds. Gutters, culverts, catch basins, drain inlets, storm sewers
or other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge. No drainage shall be directed into the streets, sidewalks
or onto adjacent property.
B.
Fences and other minor construction shall be maintained in a safe
and substantial condition.
C.
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
and necessary repairs or replacement carried out.
D.
Yards and vacant lots shall be kept clean and free of physical hazards
and rodent harborage and infestation. They shall be maintained in
a manner that will prevent dust or other particles from being blown
about the neighborhood. Open wells, cesspools or cisterns shall be
securely closed or barricaded from access by the public. All temporary
excavations shall be kept covered or barricaded so as to protect the
general public from injury.
E.
Sidewalks in the public space in front of each premises shall be
kept free of snow and ice accumulations. Sidewalks and walkways for
driveways, parking spaces and steps shall be kept free of snow and/or
ice accumulations to allow safe passage.
F.
Firewood shall not be stacked or stored in the front yard on residentially
zoned property, except that firewood may be temporarily stored in
the front yard for a period of 14 days from the date of its delivery.
Firewood shall be neatly stacked and may not be stacked closer than
one foot to any lot line and not higher than five feet from grade,
except adjacent to a fence, where firewood can be stacked as high
as the fence. All brush, debris and refuse from processing of firewood
shall be promptly and properly disposed of and shall not be allowed
to remain on the premises. Not more than 10% of the side yards and
rear yard may be used for storage of firewood at any one time. The
word "fence" shall not include a hedge or other vegetation.
A.
It shall be unlawful for any person within the Village to store or
deposit or cause, suffer or permit to be stored or deposited an abandoned,
junked or inoperative motor vehicle or part or piece thereof, any
motorized equipment, any junk boat or any junk trailer on any private
property within the village.
(1)
Excepted from the provisions of this section are:
(a)
A vehicle stored within a garage or other enclosed structure, or within the rear yard or side yard and screened by any fence, wall or barrier, not less than five feet in height, constructed of opaque materials which screens it from view from any adjacent properties and the public right-of-way, and is equipped with self-latching gates or doors. Such fence, wall or barrier must comply with the Chapter 105, Fences.
(b)
One or more vehicles located at a business enterprise operating
in a lawful place and manner, when keeping or maintenance of such
vehicle(s) is necessary to the operation of such business, as approved
by the Planning Board during site plan review.
(c)
Any vehicle stored in a depository maintained by the Village.
(d)
Antique vehicles. This article recognizes the existence of those
persons who collect antique vehicles (25 years or older) and those
persons who restore antique vehicles.
[1]
The collection of unlicensed antique vehicles in number no greater
than two shall be permitted, provided that said vehicles are in a
condition such that they could be licensed and used upon the public
highways and/or waterways.
[2]
Any person showing that he or she collects usable antique vehicles
for business or hobby shall be allowed one vehicle for restoration
purposes, provided that said restoration is completed within one year
from the date of placement of the vehicle to be restored on the premises.
A vehicle restoration permit shall be required prior to any unusable
antique vehicle being placed on property. Any person having existing
antique vehicles on his or her property shall obtain a permit from
the Code Enforcement Officer, which permit shall be valid for one
year.
(e)
Seasonal vehicle. Upon written application and a fee established
by resolution of the Board of Trustees, the Code Enforcement Officer
shall issue a permit for the open storage of one seasonal use vehicle
per property, subject to the following conditions:
[1]
The vehicle shall be owned by one of the inhabitants of the
property.
[2]
The vehicle shall have a current registration and inspection
sticker permanently attached to the windshield, or to the license
plate.
[3]
The permit shall be issued for not more than 180 days.
[4]
The permit shall not be issued if the property has a "for sale"
sign on it.
B.
Commercial vehicles. One commercial or business vehicle with a maximum
gross weight not exceeding 7,000 pounds may be stored or parked outdoors
in any residentially zoned district.
C.
Removal procedure. Any abandoned, junked or inoperative motor vehicle,
junked boat, or junked trailer found by the Code Enforcement Officer
to be located within the Village in violation of this section may
be removed from the premises on which it is located in the following
manner:
(1)
The Code Enforcement Officer shall serve personally or post a copy
of the written notice on a conspicuous place on the property and mail
a copy of such written notice on the same day to the owner of the
private property on which the vehicle is located, ordering such person
to remove the same or cause the same to be removed therefrom within
10 days of the date of said notice. The Code Enforcement Officer may
determine the ownership of any parcel of land in the Village from
the current assessment roll.
(2)
In the event that said abandoned, junked or inoperative motor vehicle
or vehicles are not removed from the premises or located within the
time required in the notice, the Village or its agent is authorized
to enter upon the premises and to remove and dispose of the abandoned,
junked or inoperative motor vehicle or vehicles. The expense of such
removal and disposal shall be a lawful charge against the owner of
the private property and may be collected, if necessary, in a civil
action instituted in the name of the Village or in the same manner
as general Village taxes.
A.
Commercial units shall at all times be maintained in compliance with
the provisions of this chapter regulating open spaces, buildings or
structures and littering.
B.
No materials or stock-in-trade, garments, shoes or other wares, soft
drink or vending machines, ice machines or the like may be stored
or displayed on a public sidewalk. Specifically excluded therefrom
are chairs and tables used in connection with a sidewalk cafe or restaurant,
provided that there shall be sufficient sidewalk passage for pedestrians.
Materials may be stored in a rear yard, provided that a storage area
therein is completely enclosed within a six-foot-high solid fence
or evergreen hedge of equivalent height and that the storage area
does not infringe on or obstruct vehicle parking or maneuvering areas.
C.
No outside storage or accumulation of garbage, crates, rubbish, refuse
or debris shall be permitted at any time, and all such garbage, crates,
rubbish, refuse, or debris shall be kept inside the building or buildings
on the premises or in an acceptable enclosure and shall be regularly
collected and removed from the premises.
D.
No shopping baskets, carts or wagons shall be left unattended or
standing in open areas, and the same shall be collected at the close
of business each day by the occupant of such unit and moved to a clearly
designated area dedicated to said baskets, carts or wagons, or to
the interior of the building or buildings.
E.
No mobile refrigeration unit shall be operated on the premises after
the closing of the business conducted thereon unless such mobile refrigeration
unit is electrically operated, except in an industrial zone.
F.
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include
but not be limited to the replacement of trees and shrubs that may
die and/or otherwise be destroyed, the maintenance and cutting of
lawns and the replacement and/or repair of fences which may become
in disrepair.
G.
Persons owning or occupying a commercial unit shall keep all walkways,
public or private, abutting said premises free from litter and trash
of whatever nature.
H.
All signs and associated hardware shall be removed after a commercial
occupancy becomes vacant in excess of 30 days.
I.
Whenever a commercial occupancy has been vacant for greater than
30 days, the property owner shall register their contact information
with the Village Police Department and/or the Village Clerk so that
they may be promptly contacted if needed.
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform to generally accepted practice.
B.
Where the potential for rodent or vermin infestation exists, windows
and other openings in basements and cellars shall be closed or appropriately
screened with mesh or other suitable material.
C.
No materials, goods or supplies (such as furniture intended for interior
use only, for example, chairs and couches) may be stored in any front
yard or in an exterior or interior side yard. Materials may be stored
in a rear yard, provided that the area used for storage is screened
from neighboring properties by a fence or hedge and provides protection
from the elements and that the method and manner of storage complies
with the other provisions hereof.
A.
Residential, commercial and industrial premises, whether improved
or vacant, shall be maintained free of litter; provided, however,
that this section shall not prohibit the storage of litter in appropriate
private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse in accordance
with the provisions of applicable codes. Each owner of any building
from which garbage, rubbish, mixed refuse, ashes or other wastes are
collected shall provide refuse containers sufficient in number to
hold all collectible wastes which may accumulate. Containers must
be rodent-proof and insect-proof and watertight and must be kept covered
at all times. Such containers must be kept from public view until
day of pickup.
C.
Commercial and other premises. Industrial, apartment, commercial
establishments and places of assembly shall provide for receptacles,
the location and size of which shall be approved by the Code Enforcement
Officer. Such receptacles including dumpsters shall be enclosed within
a privacy fence or wall to screen them from adjacent properties and
the street. Such enclosures shall be designed to match or compliment
the siding of the primary building on the premises or privacy screening
such as wood fence with tight-fitting pickets or chain-link fence
with cross slats. Openings of enclosures shall have gates that shall
be made of comparable screening materials and shall remain closed
except when being filled or emptied. Enclosures shall be higher than
any of the containers enclosed, structurally sound, large enough to
accommodate all garbage and trash receptacles on the premises as well
as any loose items for disposal and maintained in good condition.
No signs or banners shall be placed on said enclosures.
D.
Shopping centers, supermarkets and similar business units shall provide
permanent, attractive, decorated litter receptacles within the premises
for public use in sufficient quantity so that a person will not have
to walk in excess of 50 feet to use any such receptacles.
No person shall discard, abandon or store a refrigerator or
freezer in a place accessible to children without first completely
removing any and all doors and obtaining a certificate from an authorized
person or company showing that all Freon has been lawfully removed.
A.
During the construction of any new building or structure, or during
any reconstruction, enlargement, modification or alteration of any
existing building or structure or during work upon any site, the owner
of such construction site shall cause the entire site and all adjoining
roads to be kept in a good, neat, clean, sanitary and attractive condition
and free of all garbage, rubbish, debris (including construction debris),
trash and the like to the extent practicable.
B.
At the end of each work day, the owner of the construction site shall
cause all garbage, rubbish, debris (including construction debris),
trash and the like thrown, placed, deposited or discarded by the owner
or owner's contractors, subcontractors, agents, employees or
invitees to be collected and placed in dumpsters or other appropriate
covered containers or garbage disposal bags or removed from the site
and adjoining roadways.
C.
At the end of each work week, the owner of the construction site
shall cause any accumulation of sand, gravel, cinder, topsoil, mud,
earth or dirt or the like placed, deposited or tracked or caused to
be placed, deposited or tracked from any construction site upon any
adjoining roadways or caused by the owner or owner's contractors,
subcontractors, agents, employees or invitees or other vehicles coming
to and from the site or from any other cause to be removed and the
adjoining roadways to be swept and cleaned.
D.
The owner of the construction site shall cause appropriate sanitary
disposal facilities for the use of construction workers to be placed
and maintained at the construction site as required by applicable
laws, rules and regulations or as the Code Enforcement Officer shall
determine to be suitable for the number of construction workers at
the site.
E.
All construction, including excavation, demolition, alteration or
repair, shall be conducted only between the hours of 7:00 a.m. and
9:00 p.m. local time, except in case of urgent necessity in the interest
of the public health and safety, and then only with a permit from
the Code Enforcement Officer, which permit may be granted for a period
not to exceed three days or fewer while the emergency continues.
A.
FILL
Definitions. As used in this section, the following term shall have
the meaning indicated:
Any soil, dirt, earth product, excavated material or other
material commonly known as "fill."
B.
It shall be unlawful for any person to deposit or permit the deposit
of imported fill on a lot, without first having obtained a permit,
from the Code Enforcement Officer, as hereinafter provided.
C.
Permit application.
(1)
Application for such permit shall be made to the Code Enforcement
Officer. The Code Enforcement Officer may require the applicant to
furnish such information as may be reasonably necessary, including
the nature and quantity of the fill and plans with respect to grading
and drainage.
(2)
In determining whether to grant or deny such permit, the Code Enforcement
Officer shall consider the impact thereof upon drainage and related
concerns. Incident to granting such a permit, the Code Enforcement
Officer may impose conditions in order to minimize the impact thereof
upon drainage and related concerns.
(3)
Only clean fill or an approved equal shall be deposited pursuant
to any such permit.
(4)
If the Code Enforcement Officer denies such permit, the applicant
may appeal to the Board of Trustees.
D.
Any violation of any conditions imposed incident to granting such
permit shall be deemed a violation of this article.
E.
The Board of Trustees may, by resolution, establish a fee for such
permit; any such fee may be amended from time to time by resolution.
F.
The deposit of fill on a lot shall be exempt from the permit requirement
of this section under the following circumstances:
(1)
Where a valid building permit has been issued and is in effect for
construction of a building on such lot, provided that the deposit
is incident to and in furtherance of construction authorized by such
building permit.
(2)
Where a site plan approval or subdivision approval has been granted
and is in effect for such lot, provided that the deposit is incident
to and in furtherance of development authorized by the Planning Board.
In the event that any vehicle is offered for sale in any residentially
zoned district, upon written application and a fee as established
by resolution of the Village Board of Trustees, the Code Enforcement
Officer shall issue a permit for the open storage of one vehicle for
the purpose of offering for sale a vehicle that is currently not registered
or licensed or inspected under New York State law subject to the following
conditions:
A.
The vehicle shall be owned by one of the inhabitants of the property
where the vehicle is being offered for sale.
B.
The vehicle shall be set back from the road so as not to create a
visibility hazard.
C.
A copy of the permit shall be affixed to the interior of the windshield
in order that the permit information is visible from the street.
D.
No permit shall be issued for any abandoned, junked or inoperative
motor vehicle as defined in this chapter.
E.
No more than two permits shall be issued during any calendar year.
A.
The owner, occupant, agent, and operator in control of the building,
structure, lot or parcel of land shall be jointly and severally responsible
for the maintenance of the premises in a clean, safe and sanitary
condition according to the provisions of this chapter.
B.
Notwithstanding the failure of the occupant, agent or operator in
control of the building, structure, lot or parcel of land to maintain
the premises in a clean, safe and sanitary condition, the owner of
the building, structure, lot or parcel of land shall be an accessory
responsible party.
