[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
The purpose of this chapter is to provide a minimum standard for the maintenance of the exterior grounds and visible facades of all properties within the village. This chapter is intended to help provide stable and inviting neighborhoods and business and commercial districts and to promote public health and safety by prohibiting certain deficiencies in exterior property maintenance which create or contribute to unhealthy or hazardous conditions. This chapter is also intended to ensure that property owners or their delegated agents perform such repair and maintenance of properties as will prevent deficiencies that could become an attractive nuisance with regard to children, trespassers or household pets or that may attract insect or animal pests.
The adoption and enforcement of this chapter is intended to serve as a deterrence to substandard exterior property maintenance and as a tool for protecting property investment, the tax base and the health, safety and welfare of all village residents.
For the purposes of this chapter, the following definitions shall apply:
- Something that impairs or destroys; an impaired condition; to cause to deteriorate, ruin.
- A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals and/or property.
- CODE ENFORCEMENT OFFICER
- The officer appointed by the Board of Trustees who is charged with the enforcement of this chapter, or any duly authorized representative.
- COMPOSTING MATERIALS
- Yard trimmings, vegetable wastes and other organic matter managed for the purpose of natural transformation into compost and stored in a container or compact pile that:
- CONSTRUCTION DEBRIS
- Discarded building material, concrete, stones, earth from excavations or grading and all other refuse resulting from the erection, repair, demolition or other improvement of property.
- EXPOSED TO PUBLIC VIEW
- Any premises or open space or any part thereof, or any building or structure that may be lawfully viewed by any member of the public from a sidewalk, street, alleyway or from any adjoining or neighboring premises.
- The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods.
- Food wastes, food wrappers, containers, nonrecyclables or other materials resulting from the use, consumption and preparation of food or drink, as well as other expended, used or discarded materials, such as paper, plastic, metal, rags or glass, etc., or any other wastes generated from day-to-day activities of a household, business or public or quasi-public facility. The term "garbage" does not include property prepared and stored recyclable materials or properly maintained compost areas.
- GOOD WORKING CONDITION
- Fully operable for the use intended.
- GOOD WORKING REPAIR
- A standard of maintenance that renders a building safe, habitable
and does not create a nuisance.[Amended 11-6-2000 by L.L. No. 3-2000]
- GROUNDS AND EXTERIOR PROPERTY
- Any area of a building or lot, excluding porch areas, not enclosed within the walls of a building. These terms include any public rights-of-way which pass through or are adjacent to a property, including the sidewalk and any area between the sidewalk, if there is one, and the street pavement.
- The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
- Waste iron or other metal or substance, glass, paper, discarded
lumber, rags, machine parts, accessories, machinery, machines, used
parts of motor vehicles and any material commonly known and generally
referred to as "junk" in the ordinary and accepted meaning of the
word.[Amended 11-6-2000 by L.L. No. 3-2000]
- The person in possession or control of premises or using the premises.
- The record owner of the premises, as reflected in the village
tax records, the owner in fee or the owner of a lesser estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a building.[Amended 11-6-2000 by L.L. No. 3-2000]
- PORCH AREA
- Includes any open and/or partially enclosed porches or decks, as well as any entranceways or exitways which are in the public view.
- A lot, plot or parcel of land, including the building or structures thereon.
- The capacity in which a person or persons may engage in an
activity without interference from others.[Amended 11-6-2000 by L.L. No. 3-2000]
- PUBLIC NUISANCE
- Includes the following:
- A. Any physical condition or occupancy of any premises or its appurtenances that constitutes an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures.[Amended 11-6-2000 by L.L. No. 3-2000]
- B. Any premises that has unsanitary sewerage or plumbing facilities.
- C. Any premises designated as unsafe for human habitation.
- D. Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured so as to endanger life or property.
- E. Any structure in which the plumbing, heating or other facilities required by applicable codes have been removed or rendered ineffective or inoperable, or in which precautions against trespassing, where required, have not been provided, maintained or installed.[Amended 11-6-2000 by L.L. No. 3-2000]
- F. Any premises that is unsanitary, or that is littered with rubbish or garbage or that has an uncontrolled growth of weeds; or that has nongrassed and/or landscaped area.
- G. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
- PUBLIC VIEW
- Areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from the exterior ground level of adjoining properties.
- Useless waste or rejected matter; noncombustible waste material. The term shall include the residue from the burning of wood, coal and coke and also tin cans, metals, mineral matter, glass, crockery and minerals.
- SOLID WASTE
- Includes materials or substances that are discarded or rejected as being spent, worthless, useless or in excess to the owners at the time of such discard or rejection, including but not limited to materials or substances such as garbage, refuse, industrial and commercial wastes, sludge from air or water treatment facilities, rubbish, tires, ashes, incinerator residue, construction and demolition debris, discarded motor vehicles, discarded household and commercial appliances and discarded furniture. An object shall be presumed to be discarded or rejected solid waste when the object is stored, placed or left on the grounds or exterior of the property in the view of neighbors or passersby under circumstances which meet any of the following criteria:
- A. The object produces an offensive smell.
- B. The object is of a type designed for interior use or made of materials which are suitable only for interior use and the object is left outside and exposed to precipitation.
- C. The object has reached a degree of dilapidation or disrepair that can reasonably be presumed to render the material unsuitable for or incapable of being used for its original intended purpose or some other reasonable purpose.
- D. The object is left, placed or stored in a manner which appears likely to cause injuries.
- An arrangement of materials which are joined together to
form a constructed erection for occupancy or use.[Amended 11-6-2000 by L.L. No. 3-2000]
[Amended 11-6-2000 by L.L. No. 3-2000]
It shall be the duty and responsibility of the owner, lessee, tenant, occupant or other person having possession or charge of any building, lot or property in the Village of Flower Hill to ensure that:
All grounds and exterior property are kept clean and free of solid waste.
All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal site. Composting materials, so long as they are maintained as defined by this chapter, shall not be considered garbage.
Garbage cans, garbage bags and discarded bulk items shall not be placed on the curb before 6:00 p.m. the day before the scheduled pickup. Garbage containers and any materials not removed by garbage collectors shall be removed from the curb before 6:00 p.m. the day of pickup. Any materials not removed as required by this section shall be removed by the village.
Solid waste, other than garbage stored in proper containers described above, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than 30 days. Residents may place reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two successive days.
Within all residential zoning districts, no unlicensed motor vehicle may be stored in the public view in a side or a rear yard or in an approved driveway. However, this section shall not apply to a motor vehicle which constitutes "solid waste" as defined in § 172-2 above.
Grass, weeds or other vegetation on grounds and exterior property are maintained in keeping with standards of the community.
The area along public rights-of-way adjacent to or on the property, including but not limited to the area between the front property line and the curb or street pavement, is maintained in a reasonably clean and sanitary condition free of garbage and/or solid waste, with any grass, weeds and brush in said area cut or trimmed. Premises situated at street intersections or on curved streets shall be kept in such a condition as to provide a clear and unobstructed view of the intersection or curve.
[Amended 6-2-2014 by L.L. No. 1-2014; 2-6-2017 by L.L. No. 1-2017]
Fire hydrants located in the right-of-way, adjacent to or upon the property must be kept substantially clear of snow, ice or other obstructions that would hinder the access to the hydrant by firefighting personnel.
Trees, shrubs or other vegetation are pruned such that they will not obstruct the passage of pedestrians on sidewalks. The maintenance of Village trees, including trees between the sidewalk and curb, are the responsibility of the adjoining property owner.
[Amended 2-6-2017 by L.L. No. 1-2017]
Fences and walls are maintained in a safe and structurally sound condition.
Steps, walks, driveways, parking spaces and other similar paved areas are maintained pursuant to provisions elsewhere in the Village Code.
Sidewalks are kept substantially clear of snow, ice and other obstructions, including but not limited to free flowing water from drains, ditches and/or downspouts located on the property except during flooding, pursuant to provisions regulating the use of streets and sidewalks elsewhere in the Village Code.
All sewerage and water installed thereon be maintained on their own lot and property or connected therewith, in such manner that the same shall not constitute or contribute to the creation of a nuisance.
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause blighting conditions or adversely affect the public health, safety or general welfare.
Condition of land. 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 neighboring property. All areas not covered by structures shall be landscaped.
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which said occupant controls or occupies in a clean and sanitary condition.
Grading and drainage. All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon or within any structure located thereon.
Weeds and grass. No plot, parcel or lot of private real property located within the limits of the Village of Flower Hill, whether improved or unimproved, occupied or unoccupied, shall be permitted by the owner or owners thereof to have or support grass, growth (except shrubs, trees or bushes) or weeds of a height taller than four inches nor shall any barren (nonlandscaped and/or grassed) areas be permitted.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not create a public nuisance by the discharge of gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private properties.
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally safe and in good repair.
General. The exterior of the premises and the condition of structures shall be maintained so that the premises and all buildings shall reflect a level of maintenance in keeping with the standards of the community and shall not constitute blight or lead to the progressive deterioration of the neighborhood.
Water drainage. Roof drains, overflow pipes, air-conditioning drains, sump pumps and any other device used to channel water off or out of a building or pool or from any property within the Village shall be maintained in a safe and operable condition and shall not drain onto highways, streets, alleyways, adjoining property or the public sanitary sewer system. Each property within the Village shall be maintained such that all drainage water is drained within the property itself.
[Amended 7-6-2010 by L.L. No. 13-2010]
Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way.
[Amended 11-6-2000 by L.L. No. 3-2000]
Accumulation of materials. All exterior property and premises shall be kept free from any accumulation of rubbish, garbage, refuse, trash and junk.
Fences. Fences and other minor constructions shall be maintained in a safe and substantial condition.
Storage of materials. No materials, goods or supplies may be stored in any front or side yard exposed to public view, except with a valid building permit. Materials may be stored in rear yards, provided that the method and manner of storage complies with the provisions of this code.
[Added 8-3-2009 by L.L. No. 14-2009]
Every occupant, owner, or person of every house, shop, building, lot, parcel of land, or other property that adjoins or is abutting to or on a sidewalk in the Village shall be charged with the responsibility to keep such sidewalk in a good state of repair and free from defects and debris. Failure to maintain will result in the Village undertaking such repair or remedy and charging that to the property owner. On any claim presented for bodily injury or property damage on the sidewalk, the adjoining or abutting property owner shall be held liable in tort for such damages to another. Alternatively, should the Village be called upon to make such payment to a third party, the Village will look to the adjoining/abutting landowner for contribution and indemnity.
For the purposes of this Subsection G, the following definitions apply:
- Any individual, corporation, society, association, partnership or firm, and the successor or the heir, executor, administrators, or other legal representatives of a person.
- That part of a highway especially adapted to the use of or ordinarily used by pedestrians and includes that part of the highway between the curbline (or the edge of the roadway where there is no curbline) and the adjacent property line, whether or not the property is improved.
All dangerous buildings within the terms of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
[Added 1-6-2020 by L.L. No. 2-2020]
It shall be unlawful for any owner of real property within the Village or agent of such owner, person, firm or corporation lawfully occupying any real property within the Village to permit:
The Village Clerk or the Superintendent of Buildings is hereby empowered to notify, in writing, the owner of any such property to cut, trim or remove said grass, weeds, brush, rubbish, rubble, boat or motor vehicle. Such notice shall be by ordinary mail properly addressed and posted to the owner of the subject premises as the same appears on the Nassau County Assessment Roll.
Upon failure to comply with the terms of such notice within five days of the date said notice is postmarked, the Village or its agents may cut, trim or remove said grass, weeds, brush, rubbish, rubble, boat or motor vehicle and assess the cost thereof upon the real property upon which said grass, weeds, brush, rubble, motor vehicle or boat is found. This obligation shall constitute a lien and a charge on the real property concerned until paid or otherwise satisfied and shall be collected by the Village Treasurer in the same manner provided by law for delinquent taxes.
Designated vacant properties. For those properties that are deemed vacant wherein due diligence has been performed in ascertaining ownership, and Village records indicate said property is vacant, an initial lot clearance notice will be sent as outlined in § 172-6.1C. Thereafter said vacant properties will have lot clearances performed on a two-week rotation or as needed without a five-day notice.
Prohibition. No owner or occupant of any lot, plot or parcel of land in the Village of Flower Hill shall cause or permit any public nuisance or dangerous condition to be or to remain upon such lot, plot or parcel of land or between the same and the adjoining street or parkway.
Notice of violation. Whenever such public nuisance shall exist and a complaint thereof shall be made to the Mayor of the village, he shall forthwith cause a notice to be served upon the owner or the occupant of the premises on which such nuisance exists, requiring him or them to abate the same within 24 hours after receipt of such notice.
Abatement by village; collection of costs. In case of the failure of the owner or occupant of such premises to comply with such notice or requirement within the time therein mentioned, said nuisance may be abated by the Village of Flower Hill at the expense and charge of such owner or occupant, such expense to be certified by the Mayor and to be collected by suit in the name of the village, if not paid to the Village Treasurer or Village Clerk-Treasurer within five days after demand.
All lands within the village shall be maintained in accordance with generally acceptable standards within the village, and if, upon inspection by the Code Enforcement Officer, they are found to be improperly maintained premises as defined in this chapter, then the Code Enforcement Officer shall proceed to enforce the provisions of this chapter regarding maintenance.
Whenever an owner of property within the Village of Flower Hill is required under the provisions of this chapter to demolish, repair or improve such premises or to properly maintain them, and such owner shall fail to demolish or make such repairs or improvement or perform the work required or maintain the premises, and the Village of Flower Hill shall cause such work or act to be performed on such property, or a contract has been awarded therefor by the Board, the cost of such work may be assessed, levied and collected as provided for herein.
Upon receiving the name or names of such defaulting persons, the Village Clerk or Village Clerk-Treasurer shall thereafter cause a written notice to be served, either personally or by ordinary mail, upon the owner of the property involved, at their last known address, stating that at a time and place therein specified, the Village Clerk or Village Clerk-Treasurer will assess such costs and/or delinquencies or default amounts against the property. Such notice shall be served at least 10 days prior to the time specified therein.
At the time and place so specified, the Village Clerk or Village Clerk-Treasurer shall hear the parties interested and shall thereupon complete the assessment, stating therein the name of the owner and the amount so assessed, and shall return the assessment and the report thereon to the Village Board.
Such Village Board shall certify such assessment to the Village Treasurer, who shall cause the amount therein stated to be levied against such property and any uncollected assessments shall be a lien upon the land affected.
[Amended 4-1-2013 by L.L. No. 5-2013]
Such amount shall be levied and collected at the same time and in the same manner as other village taxes and shall be paid to the Village of Flower Hill and be applied to reimbursing the fund or funds from which such cost was originally defrayed.
If such notice is served against a corporation, it may be served upon the corporation at its principal place of business, place of business of an agent of a corporation within the village, or upon the Secretary of State. Notice served upon the Secretary of State shall be served at least 14 days previous to the time specified therein.
Editor's Note: Former § 172-12, Complaints; action by Board of Trustees, which immediately followed this section, was deleted 11-6-2000 by L.L. No. 3-2000.
[Amended 11-6-2000 by L.L. No. 3-2000]
Whenever in this Code an activity is proscribed or prohibited to be performed, permitted, made, aided, countenanced, encouraged, assisted or the like on any property within the Village of Flower Hill, or the creation, establishment, erection, placement or maintenance of any object, thing, attachment, disturbance, noise or nuisance shall be a violation of a provision of this Code, the owner, tenant, operator or person in control of any property within the village on which such activity, object, thing, attachment, disturbance, noise, nuisance or the like shall occur shall be deemed jointly and severally to have full knowledge thereof and to have consented to, performed, permitted, made, aided, countenanced, encouraged, assisted or established, erected, placed or maintained the same.
Editor's Note: Former § 172-14, Civil penalties, which immediately followed this section, was deleted 11-6-2000 by L.L. No. 3-2000.
Any person who willfully violates any provision of this chapter or any final determination or order of the Village of Flower Hill Code Enforcement Officer or Board of Trustees made in accordance with this chapter shall, in addition, be guilty of a violation, punishable as provided in Chapter 1, General Provisions, Article II, Penalties.