[HISTORY: Adopted by the Board of Trustees of the Village of Mount
Kisco 4-17-2000 by L.L. No. 4-2000. Amendments noted where applicable.]
A.
The purpose of this chapter is to establish reasonable
minimum standards to safeguard the safety, health and welfare of the occupants
and users of all property in the Village, as well as the safety, health and
welfare of the general public.
B.
The provisions of this chapter shall apply to all property
located in the Village/Town of Mount Kisco.
A.
The provisions of this chapter shall supersede local
laws, ordinances, codes or regulations to the extent that such laws, ordinances,
codes or regulations are inconsistent with the provisions of this chapter.
B.
Where a provision of this chapter is found to be in conflict
with a provision of a zoning, building, fire, safety, health or other law,
ordinance, code or regulation, the provision or requirement that is the more
restrictive or which establishes the higher standard shall prevail.
Outdoor premises, including vacant lots, shall be free from conditions
that might create a health, accident or fire hazard. At a minimum:
A.
All paved areas, such as but not limited to walkways,
alleyways, steps, parking areas, driveways, courts and yards, that contain
holes or tripping hazards shall be filled, repaired or replaced.
B.
All such areas on outdoor premises of multiple dwellings
shall be maintained and properly lighted at night to afford safe and convenient
passage. Such lighting shall be of an approved type as to locations and safety
of installation.
Lawns, hedges and bushes shall be kept from becoming overgrown and unsightly
where exposed to public view. Ground cover shall be properly established to
prevent undue soil erosion.
A.
Outdoor premises, vacant lots and the abutting sidewalks
shall be free from species of weeds or plant growth that are poisonous, noxious
or offensive.
B.
Ragweed, poison ivy, poison oak and poison sumac shall
be eliminated on outdoor premises whenever the Code Enforcement Officer determines
such growth to be probably or actually dangerous to public health by reason
of location or quantity or spread.
C.
Accumulations of weeds or other growths that are potential
sites for rodent harboring, are unsightly or are potentially dangerous or
unhealthy for any reason shall be eliminated.
A.
Outdoor premises shall be kept free from any accumulation
of organic or inorganic material that might become a health, accident or fire
hazard.
B.
An adequate number of durable, nonporous containers that
are watertight, structurally strong, easily filled, emptied and cleaned and
equipped with tightfitting lids, shall be provided for temporary storage of
garbage and rubbish.
C.
Whenever it may be deemed necessary by the Code Enforcement
Officer, platforms constructed of impervious material shall be used for the
storage of receptacles so as to eliminate the creation of a health nuisance.
D.
All bulk storage containers shall have self-closing lids
or be closed at all times.
A.
Junk, including but not limited to discarded furniture,
appliances and equipment, shall be disposed of in accordance with the regulations
of the Village/Town of Mount Kisco.
B.
Any attractive nuisance that may prove detrimental to
children, whether in the building, on the premises or upon a vacant lot, shall
be eliminated; such nuisances include, but are not limited to, abandoned refrigerators,
motor vehicles and parts thereof and wells.
A.
Outdoor premises shall be kept free from sources of insect,
vermin and rodent harborage. Where such sources exist, they shall be eliminated.
B.
Materials such as boxes, newspapers, lumber, scrap metal
and other such materials are stored outside a structure shall be neatly stacked
and elevated so that there will be an opening of at least 18 inches between
the material and the ground level to prevent the creation of a rat harborage
area. Stacking or piling of such materials against the building shall be prohibited.
C.
Garbage and rubbish containers shall be insect-proof,
vermin-proof and rodent-proof.
D.
Vacant lots shall be kept free of rubbish, brush or any
other conditions that may serve as places of rat harborage.
Outdoor antennas shall be firmly secured and maintained so as not to
appear unsightly.
All signs permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair.
No person shall cause or allow to be caused by others any noxious fumes
that are a nuisance or health hazard.
Open fires shall not be permitted unless authorized and approved pursuant
to Village/Town of Mount Kisco law and in conformity with New York State air
pollution control regulations.
A.
Domestic animals and pets shall not be kept on any outdoor
premises in such a manner as to create unsanitary conditions or constitute
a nuisance.
B.
Unsanitary conditions, inappropriate types of domestic
animals or pets and excessive numbers of the same constitute conditions that
may be considered a nuisance under this section.
C.
Domestic animals and pets shall be maintained in accordance
with applicable regulations of the Village/Town of Mount Kisco.
Graffiti appearing on the exterior of buildings or building appurtenances
or otherwise in public view is prohibited and must be removed.
A.
Definition. As used in this section, the term "junked
motor vehicle" shall mean any motor vehicle that is old, wrecked, discarded,
abandoned or dismantled or partially dismantled and which is in such condition
that it cannot be legally operated upon the public highway without substantial
repairs.
B.
Prohibition. It shall be unlawful for any person, firm
or corporation, either as owner, occupant, lessee, agent, tenant or otherwise,
of property within the Village/Town of Mount Kisco to store or deposit or
cause or permit to be stored or deposited a junked motor vehicle or piece
of a junked motor vehicle on any private property within the Village/Town
of Mount Kisco, unless:
(1)
Such motor vehicle is stored or deposited in a completely
enclosed building; or
(2)
Such motor vehicle is under repair, reconstruction or
refurbishing by its owner, who must actually be residing on the premises on
which such motor vehicle is situated. Not more than one such motor vehicle
shall be permitted at any one time on any premises. Such motor vehicle must
be so maintained and protected as not to create any safety hazard or nuisance
to surrounding property owners and shall not remain on the premises more than
one month; or
The owner of the premises, as well as a tenant, occupant, mortgagee
or vendee in possession, assignee of rents, receiver, executor, trustee, lessee,
sublessee, agent or any other person, firm or corporation, directly or indirectly
in control of any premises, shall be responsible for compliance with this
chapter.
A.
The Code Enforcement Officer and other duly appointed
law enforcement officers of the Village/Town of Mount Kisco shall be charged
with the duty of administering and enforcing this chapter.
B.
A notice of violation relative to a premises shall be
served either personally upon the person or by posting the violation notice
in a conspicuous place upon the premises and mailing a copy to the person
to whom it is directed.
C.
A notice of violation shall prescribe a reasonable time
within which such person shall be required to cease and desist from and abate
such violation. The notice may also contain an outline of remedial action
which, if taken, will effect compliance with this chapter.
D.
The provisions of Subsection C notwithstanding, it shall not be necessary to issue a notice of violation in the instance of a second or any subsequent offense within a twelve-month period, and in the case of a second or subsequent offense, the person in violation may be immediately served with an appearance ticket or summons.
[Amended 1-4-2005 by L.L. No. 2-2005]
Any person who violates any provision of this chapter shall be charged with a Class III violation and shall be subject to the punishment set forth in § 1-17C of the Code.
A.
Upon the failure, neglect or refusal of any owner, person or agent so notified to comply with this chapter within the time period prescribed in the notice of violation, the Code Enforcement Officer or other person authorized under § 87-20 of this chapter is hereby authorized and empowered to pay for the correction of such violation, subject to the approval of the Village Manager of the Village/Town of Mount Kisco.
[Amended 1-7-2002 by L.L.
No. 1-2002]
B.
When the Village has effected the correction of the violation
or has paid for its removal, the actual cost thereof, plus the accrued legal
rate of interest per annum from the date of the completion of the work, if
not paid by such owner prior thereto, shall be charged to such owner by the
Village, and such charge shall become due and payable by said owner or person
at the time of the payment of such bill.
C.
Where the full amount due the Village is not paid by such owner or person within 20 days after the correction of such violation as provided in Subsections A and B above, then, and in that case, the Code Enforcement Officer or other person authorized under § 87-20 of this chapter shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was completed, the location of the property by section, lot and block on which such work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with this chapter shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the, property designated as described in the statement and that the same is due and collectible as provided by law.
