[HISTORY: Adopted by the Board of Trustees of the Village
of Liberty 6-16-1994 as L.L. No. 5-1994. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Property
Maintenance Law of the Village of Liberty, Sullivan County, New York."
In order to prevent blight and the spread thereof it is hereby
declared all property in the Village of Liberty (the "Village") improved
or unimproved, including but not limited to residences, office buildings,
shopping centers, supermarkets, retail stores, discount houses, warehouses,
manufacturing or fabrication plants, factories, gasoline service stations,
public garages, motor vehicle repair shops or other business uses,
whether occupied or vacant, and accessory structures located in the
Village of Liberty shall be maintained in conformity with the standards
set out in this chapter so as to assure that these structures and
properties will not adversely affect the neighborhood and the community
at large. Certain structures and properties have the further effect
of creating blighting conditions and initiating slums, and 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 slums and blight may be prevented and the neighborhood and property
values thereby maintained, the desirability and amenities of residential
and nonresidential uses and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.
The Housing Code[1] of the Village of Liberty shall supersede any provisions
of this chapter which are in conflict herewith. All other provisions
of this chapter shall be applicable to residential premises.
A.
Open areas.
(1)
Surface and subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds.
(2)
No shopping baskets, carts or wagons shall be left unattended or
standing, and such 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 such building or buildings.
(3)
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.
Repairs should be made in accordance with existing fences. This repair
may include missing or broken sections, heaving, collapsed and/or
tilted fences.
(4)
Public steps, walks, driveways, parking spaces and similarly 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.
(5)
Yards, court 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.
B.
Building and structures.
(1)
All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
access to the public.
(2)
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 and shall
be in conformity with the current New York State Uniform Fire Prevention
and Building Code.
(3)
The foundation walls of every building shall be maintained in good
repair and be structurally sound.
(4)
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 buildings. Materials
which have been damaged or show evidences of dry rot or other deterioration
shall be repaired or replaced and refinished in workmanlike manner
within a reasonable amount of time. 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.
(5)
The owner of a vacated building shall take such steps and perform
such acts as may be required of him or her 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 the public.
(6)
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 practices
and be in conformance with all state and federal rules, regulations
and ordinances applicable thereto.
The following rules and regulations as to store closing shall
apply in the Village of Liberty:
A.
The store surrounding area, i.e., garbage or dumpster areas, shall
be left broom clean.
B.
Storefront windows must be kept clean and window blinds shall be
installed and fully closed. They must cover the entire window completely.
C.
All signs, including all promotional signs and the tape used to hold
these signs in place, must be removed from all surfaces.
D.
The store owners/proprietors shall leave their telephone numbers
and addresses with the Police and Building Departments of the Village
of Liberty so they might be promptly contacted if necessary.
E.
The store owner/proprietor shall make arrangements with the Code
Enforcement Office for a store closure inspection within the 10 days
of closing and receive the approval of the Department.
A.
Whenever the head of the code enforcement agency, at any stage of the proceeding instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in § 77-5 of Chapter 77, Unsafe Buildings. Notwithstanding any other provisions of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
B.
Whenever any violation of this chapter which, in the opinion of the head of the code enforcement agency, causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of building or the public has not been corrected in the time specified by the order issued under this § 59A-6A, the head of the code enforcement agency may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in Chapter 77, Unsafe Buildings. Violations of any of these provisions shall be punishable by a fine of up to $250 per day for the duration of the violation.
This chapter can be amended by a resolution by the Village Board
with prior notice.
