Village of Rye Brook, NY Chapter 186 Property Maintenance

[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 7-24-1984 by L.L. No. 23-1984. Amendments noted where applicable.]

GENERAL REFERENCES

Penalties for offenses — See Ch. 1, Art. III.

Garbage, rubbish and refuse — See Ch. 135.

Littering — See Ch. 149.

Parks — See Ch. 170.

Property damage — See Ch. 182.

Streets and sidewalks — See Ch. 215.

Vehicles and traffic — See Ch. 240.

§ 186-1 Snow and ice removal.

A. Every owner, lessee, tenant, occupant or other person having charge or control of any building or lot of land abutting upon any street or public place where the sidewalk is flagged, concreted or otherwise paved or laid shall, within 24 hours after the snow ceases to fall, remove the snow and ice from such sidewalk so as to provide a continuous passageway. In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person hereby charged with the duty to remove the same shall, within the time specified above, cause the sidewalk to be strewn with ashes, sand and/or some other abrasive substance and thereafter, as the weather shall permit, shall thoroughly clean said sidewalk.

B. No person shall deposit snow on any public street or highway.

§ 186-2 Trimming of brush and removal of hazards; notice to remove; removal by Village; costs.

A. Every owner, tenant, occupant or person legally in possession of real property in the Village of Rye Brook shall maintain such property in the manner provided herein and shall maintain the public property located between the property line and the curb or edge of the street or highway in the same condition as the property of which he or she is legally in possession. Such private and public property shall be maintained as follows:

[Amended 12-15-1992 by L.L. No. 2-1992; 5-8-2007 by L.L. No. 8-2007; 5-24-2011 by L.L. No. 3-2011]

(1) The grass, hedges, vines, shrubs and brush reasonably cut or trimmed and the trimmings or clippings and any leaves or other debris removed therefrom.

(2) All poisonous weeds or growth and other noxious weeds eradicated.

(3) All rubbish, litter, leaves, twigs, branches, cuttings or other unsightly or objectionable materials which are or might tend to become health, safety or fire hazards removed from such land. This subsection is not intended to prevent mulching and composting of materials originating on the property as long as such activities are not carried out in an objectionable, unsightly or unsafe manner.

B. In the event that such owner or other aforementioned person fails or refuses to comply herewith, the Board of Trustees shall cause to be served upon him by mail a written notice requiring such owner to comply with such provisions. If such owner fails, neglects or refuses to comply within five days after service of such notice, the Director of Public Works shall cause the violation to be corrected. In any such case, such owner shall pay to the Village all costs in connection with such correction within 30 days after the completion thereof. Upon the failure of such owner to pay such costs, the Director of Public Works shall certify such costs to the Assessors of the Village, and thereupon such costs shall become and be a lien upon the land involved and shall be added to and become a part of the taxes next to be assessed and levied upon such land and shall bear interest at the same rate as, and be collected and enforced in the same manner as, taxes. The provisions of this section with respect to costs shall be in addition to any penalty imposed by this Code for violation or noncompliance with any provision of this chapter.

§ 186-3 Dumping on or directing water onto private and public lands.

[Amended 12-15-1992 by L.L. No. 2-1992; 10-27-2009 by L.L. No. 12-2009]

A. No owner, tenant, occupant or person legally in possession of real property in the Village of Rye Brook shall permit or allow any grass, hedge clippings, leaves, branches, logs, long living vines, shrubs or other similar materials, rubbish, litter, refuse, garbage, cinders, bottles, broken glassware, waste, building or discarded construction materials or other debris of any kind whatsoever to be dumped or deposited on any lands in his ownership or his possession or subject to his control, nor on any other private lands; nor may any person dump or deposit any such material on public land without permission of the Superintendent of Public Works, the Village Administrator or the Board of Trustees.

B. No owner, tenant, occupant or person shall direct or cause to be directed, stormwater, groundwater or water from any other source from one property onto another or onto a public right-of-way in a manner that results in a hazard or nuisance.

§ 186-4 Storage of equipment, dumpsters or construction material.

[Amended 12-15-1992 by L.L. No. 2-1992; 2-9-1994 by L.L. No. 2-1994; 8-25-2009 by L.L. No. 9-2009]

No person in the Village of Rye Brook may park, store or keep or allow to be parked, stored or kept upon any real property in any residential district any dumpster, commercial landscaping equipment, commercial construction equipment, construction material or construction debris, except as provided in Chapter 250, Zoning, or during a reasonable period of time that the construction project requires. The determination of what constitutes a reasonable period of time shall be in the sole discretion of the Building Inspector or his or her designee. In the event the Building Inspector or his or her designee determines, in his or her sole discretion, that any of the aforementioned objects are no longer required for the construction project, such objects shall be removed within five business days of such determination. Dumpsters shall be emptied within five business days after reaching full capacity, as determined by the Building Inspector or his or her designee, in his or her sole discretion.

§ 186-5 Commercial vehicles.

[Added 2-9-1994 by L.L. No. 2-1994[1]]

A. Prohibition. There shall be no off-street parking or storage in any residential district of any of the following:

(1) Vehicles with commercial plates.

(2) Any vehicle displaying a commercial message or business advertisement visible from the outside of the vehicle.

(3) Vehicles with visible tools or equipment.

[Amended 7-14-2020 by L.L. No. 6-2020]

(4) Vehicles with a gross vehicle weight (G.V.W.R.) in excess of 9,000 pounds.

B. Exceptions. The restrictions of Subsection A of this section shall not apply to:

(1) Any vehicle with a G.V.W.R. less than 9,000 pounds, a height of less than eight feet and a length of 22 feet or less, provided that said vehicle displays no commercial message, tools or equipment visible from outside the vehicle. However, no more than one livery vehicle shall be permitted per site. Notwithstanding the foregoing, the restrictions of Subsection A of this section shall not apply to vehicles with a G.V.W.R. less than 9, 000 pounds. a height of less than eight feet and a length of 22 feet or less with bed, cab, or frame mounted mechanical snow removal/treatment equipment, including a snowplow, salter/sander, brine spreader, or any other such mechanical equipment, mounted to the outside of the vehicle between November 15 and April 15, where such equipment is used solely for the purpose of snow removal or treatment of roadways, driveways, parking lots or other such surfaces to mitigate the effects of snow and ice.

[Amended 6-28-2005 by L.L. No. 10-2005; 7-14-2020 by L.L. No. 6-2020]

(2) Not more than one vehicle described in Subsection B(1), but displaying a commercial message or having tools or equipment visible from the outside, so long as such vehicle is garaged in a fully enclosed structure.

(3) Vehicles making deliveries, service calls or rendering emergency services to or at a residence while the operator is engaged in such activity on the premises.

(4) Recreational vehicles, boats and trailers, as defined in § 186-6 of this chapter, and junked motor vehicles, as defined in § 186-7 of this chapter, which vehicles, boats and trailers shall be regulated by such sections.

[1] Editor's Note: This local law also provided that former §§ 186-5 and 186-6 be renumbered as §§ 186-8 and 186-9, respectively.

§ 186-6 Recreational vehicles, boats and trailers.

[Added 2-9-1994 by L.L. No. 2-1994]

A. Definitions. As used in this section, the following terms shall have the following meanings:

BOAT

Any vessel or craft designed or used to transport person(s) or cargo on the surface of the water. The term shall include a sailboat, motorboat and rowboat.

RECREATIONAL VEHICLE

Any portable structure which can be towed, hauled or driven and which is primarily designed as temporary living accommodation for recreational, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

B. Prohibition. The storage or parking or use of a recreational vehicle, boat or trailer by any person or persons, except as hereinafter provided, is hereby prohibited in each and all of the residential districts of the Village.

C. Exceptions.

(1) Such recreational vehicle, boat or trailer may be stored or parked in a residential district if for the personal recreational use of the occupant and then only as follows:

(a) Within an enclosed building or garage;

(b) In the rear or side yard of a lot so long as said recreational vehicle, boat or trailer is entirely situated at a distance equal to or greater than the minimum yard setback requirements for a principal building in the district and a minimum of five feet from the principal building; or

(c) In the rear or side yard of a lot at a distance less than the minimum yard setback requirement, provided that the recreational vehicle, boat or trailer is fully screened, not greater than 15 feet in height and no closer than five feet from the adjoining property line.

(2) A recreational vehicle may be stored or parked on a lot or parcel of property in a residential district without regard to the above for the sole and express purpose of loading and unloading.

(3) In the event that a person is unable to meet the yard and setback requirements of Subsection C(1)(a) and (b), application may be made to the Zoning Board of Appeals for a variance from such requirements on the ground of practical difficulty.

D. Habitation of recreational vehicle. No stored or parked recreation vehicle, boat or trailer, as defined herein, shall be occupied for or used for human habitation.

E. Temporary permit. A temporary permit for the placing and use of a trailer on a lot may be issued by the Building Inspector in connection with any construction for which a building permit has been issued. Such permit shall be for a period of not more than six months, but may be renewed at the discretion of the Building Inspector if work on said construction is not completed but is progressing diligently.

§ 186-7 Junked motor vehicles.

[Added 2-9-1994 by L.L. No. 2-1994]

A. Definitions. As used in this section, the following terms shall have the following meanings:

JUNKED MOTOR VEHICLES

Any motor vehicle that is wrecked, discarded, dismantled or partially dismantled, or which is in such condition that it cannot be legally operated upon the public highway, or does not have valid proof of vehicle inspection affixed to the windshield, or valid license plates affixed to the vehicle, or valid registration with the applicable State Department of Motor Vehicles.

[Amended 4-12-2016 by L.L. No. 1-2016]

B. Prohibition against storage of junked motor vehicles on private property. It shall be unlawful for any person, firm or corporation either as owner, occupant, lessee, agent, tenant or otherwise of property within the Village of Rye Brook to store or deposit or cause or permit to be stored or deposited a junked motor vehicle or part or piece thereof on any private property within the Village of Rye Brook, unless:

(1) Such motor vehicle is stored or deposited in a completely enclosed building; or

(2) If not stored or deposited in a completely enclosed building, one such motor vehicle may be under repair, reconstruction or refurbishing by the owner or owners thereof who must actually be residing on the premises on which such motor vehicle is situated. Such motor vehicle must be so maintained and protected as not to create any safety hazard or nuisance to surrounding property owners and shall be covered along with its parts when such motor vehicle is not actually being repaired; or

(3) As permitted in § 250-32C of Chapter 250, Zoning.

§ 186-8 Billposting restricted; removal by Village; costs.

The posting of any advertisement, election poster, campaign material, notice or bill within the limits of any street or highway or upon any public property within the Village of Rye Brook without the consent of the Board of Trustees is hereby prohibited, provided that this section shall not apply to the posting of any notice which is required by law to be posted. Any member of the Department of Public Works or Police Department shall be empowered to remove any such bill, poster, election poster, campaign material or advertisement covered by this chapter, and the Board of Trustees shall be authorized to charge the violator with the cost of removing the same in addition to the fine imposed for the violation of this chapter.[1]

[1] Editor's Note: Original Section 6, which immediately followed this section and provided for penalties for offenses, was deleted 12-15-1992 by L.L. No. 2-1992.

§ 186-9 Sidewalk repair and maintenance.

[Added 12-15-1992 by L.L. No. 2-1992]

Every owner, tenant, occupant or person legally in possession of real property in the Village of Rye Brook, which property is adjacent to a sidewalk or sidewalk area, either public or private, shall maintain said sidewalk or sidewalks in good repair and shall perform whatever repairs are necessary to cure any defects or deficiencies in said sidewalk or sidewalk areas.

§ 186-10 Graffiti prohibited.

[Added 5-24-2011 by L.L. No. 3-2011]

A. It shall be unlawful for any person to place graffiti, as defined herein, upon any buildings, fences, walls or other structures in the Village of Rye Brook.

B. It shall also be unlawful for any owner, tenant, occupant or person legally in possession of real property within the Village of Rye Brook to maintain or permit or allow any graffiti to be placed upon or remain upon any building, fence, wall, door, window or other structure located on such real property when the graffiti is visible from the street or other public or private property. Where graffiti has been placed upon any of the structures referenced above, the owner, tenant, occupant or person legally in possession of such real property shall be responsible for immediately removing the graffiti.

C. For the purposes of this section, graffiti shall be defined as the spraying of paint or making of paint, ink, chalk, dye or other similar substances on all buildings, fences, walls, signs or other similar structures without proper legal permission or authority.

§ 186-11 Maintenance of fences, landscape walls and retaining walls.

[Added 7-12-2016 by L.L. No. 3-2016]

All fences, landscape walls and retaining walls shall be maintained by the property owner in a structurally sound manner and in good repair at all times.