[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North by Ord. No. XX. Amendments noted where applicable.]
All residential, commercial and industrial premises within the Village of Port Washington North, whether improved or vacant, shall be maintained in conformity with the provisions of this chapter so as to assure the desirable character of the property.
As used in this chapter, the following terms shall have the meanings indicated:
- BUSINESS UNIT
- A building or combination of buildings, and the lot on which the same is located, used wholly or in part for commercial purposes, including, but not limited to, offices, places of public assembly, shopping centers, supermarkets, retail stores, warehouses, manufacturing or fabrication plants. gasoline stations and other business uses.
- An open and unoccupied space on a lot and enclosed on at least three sides by walls of a building.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- The presence of insects, rodents, vermin, or other pests.
- JUNKED VEHICLE
- Any motor vehicle or trailer that is either inoperable, dismantled,
missing parts or in disrepair such that it is incapable of operation
or use or is unregistered, uninspected or without a license plate
affixed to the motor vehicle or trailer.[Amended 5-4-2016 by L.L. No. 1-2016]
- "Garbage," "refuse" and "rubbish," as herein defined, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- Plot, tract, premises or parcel of land with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
- All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- UNOCCUPIED HAZARD
- Any building or part thereof, which remains unoccupied for a period of more than two years, with either doors, windows or other openings broken, removed, boarded or sealed up, or any building under construction upon which little or no construction work has been performed for a period of more than two years.
- An open space on the same lot which contains a building and is located between the building line and the lot line which the particular building line faces.
The provisions of this chapter shall supplement local laws, ordinances, codes or regulations. Where a provision of this chapter is found to be in conflict with any provision of a local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.
Surface and 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, stormwater 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.
Fences and other minor construction shall be maintained in a safe and substantial condition.
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.
Yards, courts 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 dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health shall be eliminated. Any trees or portions thereof located on private property and constituting a hazard to persons or property shall be removed.
A junked vehicle may not be parked, stored or left in the open.
Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this chapter regulating open spaces, buildings or structures and littering.
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.
No shopping baskets, carts or wagons shall be left unattended or standing in open areas and shall be collected at the close of business each day by the occupant of such unit and removed to the interior of the building or buildings.
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.
No truck or other vehicle shall be loaded or unloaded outside the confines of the building or buildings on the premises before 7:00 a.m. or after the business conducted on the premises has been closed to the public in such manner as to cause excessive noise or disturbance to the adjoining properties. For the purpose of this subsection, a noise rating exceeding 25 decibels as read on the A-scale of a standard sound-level meter at the nearest residence to the premises shall be deemed excessive.
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 which 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.
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
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.
The foundation walls of every building shall be maintained in good repair and shall be structurally sound.
Exterior walls, roofs and all openings around doors, windows, chimneys, and other parts of a building shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. 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. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material and improperly secured objects and material. Such objects or materials shall be removed, repaired or replaced.
The owner of a vacated building shall take such steps and perform such acts as may be required of him from time to time, to insure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public. All openings shall be provided with painted, exterior-grade plywood closures, securely fastened.
Buildings and structures shall be maintained in such condition so that they shall not become an unoccupied hazard as defined in this chapter. All graffiti or defacing shall be removed and the surface finish restored within a five-day period.
All signs and lighting systems shall be maintained in a completely operable, clean and safe condition.
All decorative pools and similar devices shall be maintained free of litter and operated as intended. Should the maintenance costs of such devices prove unacceptable, the device shall be converted to landscaped planting beds.
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 with generally accepted practice.
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
From June 1 to October 1, entrances to residential buildings shall be provided with self-closing devices or screens, and windows and other openings used for ventilation shall be appropriately screened. Screens shall not be required in rooms located sufficiently high in the upper stories of multiple dwellings so as to be free of mosquitoes, flies and other flying insects.
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 authorized private receptacles for collection.
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 and ordinances.
Dumpsters and similar large receptacles shall be shielded from the public view by means of appropriate landscaping or architectural screening.
Shopping centers, supermarkets and similar business units shall provide permanent, attractive, decorated litter receptacles within the premises, for public use, in sufficient quantity to prevent a person from walking in excess of 50 feet to use one such receptacle.
[Added 2-4-1993 by L.L. No. 1-1993]
The outside storage of boats is prohibited on any lot in a residence district of the Village of Port Washington North, as designated by Article II of Chapter 176, Zoning, except pursuant to a boat storage permit issued by the Village Building Inspector, in compliance with this section.
[Amended 12-11-1995 by L.L. No. 15-1995]
For the purpose of this section the following words and phrases shall have the following meanings:
[Added 12-11-1995 by L.L. No. 15-1995]
- A craft designed to navigate on water which is longer than six feet, wider than three feet, and higher than two feet.
- FRONT YARD
- An open, unoccupied space extending across the full width of the lot and lying between all abutting streets, public or private, and the line or lines of the main building in closest proximity to such streets, measured between the side property lines.
- A boat shall be deemed stored in each of the following events:
- (1) The boat remains on a lot for more than four consecutive days; or
- (2) The boat is present on a lot for more than 10 days in any thirty-day period; or
- (3) The boat is not duly registered pursuant to the New York State Vehicle and Traffic Law; or
- (4) The boat is neither:
No boat may be stored which is not duly registered pursuant to Article 48 of the Vehicle and Traffic Law of the State of New York, as such article may be amended or seceded.
No boat may be stored which is more than 25 feet in length or 10 feet in height. The height of a boat shall be measured from the ground on which or above which the boat is stored to the highest point of the boat. If the boat has a protective cover, the cover shall be deemed part of the boat for the purpose of determining its height and length. Antennas of one-fourth-inch diameter or less shall not be included in height measurements.
[Amended 10-10-1995 by L.L. No. 9-1995; 12-11-1995 by L.L. No. 15-1995]
The boat must be owned, or leased for a period which includes the next following summer season, by one or more of the owners or occupants of the dwelling house located on the lot used for storage. Notwithstanding the foregoing, if an adjacent property owner grants permission, a boat may be stored partially on the adjacent lot as well.
[Amended 10-10-1995 by L.L. No. 9-1995]
Not more than one boat may be stored on each lot. Such storage shall be subject to the review and approval of the Village Building Inspector. The Village Building Inspector, in his discretion, may direct that such actions as he deems appropriate be taken to assure the safety and security of the boat and supporting structure, if any.
If a boat is stored on a trailer, the trailer must be duly registered pursuant to Article 14 of the Vehicle and Traffic Law of the State of New York, as such article may be amended or succeeded. Such trailer shall at all times be ready and legally fit for immediate operation upon the public highways of the State of New York.
Boats shall not be stored between the principal dwelling and an adjacent street except on a paved driveway or a driveway with an all-weather surface, such as gravel or asphalt or other material approved by the Village Building Inspector.
The boat (if the boat has a protective cover, the cover shall be deemed part of the boat), the blocking to support the boat, if any, and the trailer, if any:
[Amended 10-10-1995 by L.L. No. 9-1995; 12-11-1995 by L.L. No. 15-1995]
Shall not be located within a distance equal to the height of the boat (as "height" is defined in Subsection D of this section) or six feet, whichever is greater, of any adjacent residential property line;
Shall not be located within one foot of any other property line; and
Shall not be located within two feet of a sidewalk, a curb, or the paved portion of a street.
Notwithstanding anything to the contrary set forth in Subsection I hereof:
[Added 12-11-1995 by L.L. No. 15-1995]
A boat may be located in closer proximity to an adjacent property line (or, as set forth in Subsection E hereof, partially upon an adjacent property) if the adjacent property owner grants permission; and
A boat may be located within two feet of a residential property line on the condition that a solid stockade fence or a continuous, thickly planted live evergreen screen is provided and maintained between the property line and the boat, for the full length of the boat, and running from the ground to a height equal to the height of the boat, as approved by the Village Building Inspector. This provision shall not be deemed to permit any fence which does not otherwise conform to the height limitations and other regulations of Chapter 176, Zoning.
Any owner or occupant of a dwelling house who has practical difficulty in complying with the provisions of this § 128-9, with regard to the location of the boat storage, may apply to the Board of Appeals of the Village for relief from said provision, which application shall be treated as an application pursuant to Article 7 of the Village Law as an application for an area variance.
No gasoline or other flammable fuel may be stored, kept or otherwise retained on a boat on any lot in a residence district of the Village of Port Washington North, except in fuel tanks which are part of the boat structure and which are not designed for portability or easy removal.
No boat which has fuel tanks which are part of the boat and which are not removed may be stored, kept or otherwise retained on any lot in a residence district unless either: the owner provides a certificate from a marina, a personal affidavit or other documentation satisfactory to the Building Inspector evidencing that:
[Amended 12-11-1995 by L.L. No. 15-1995]
No battery may remain on the boat. All batteries must be disconnected and removed from the boat.
No boat motor may be operated at any time in a residence district of the Village.
An application for a boat storage permit shall be signed and acknowledged by the owner of the subject premises and the applicant, if other than the owner, and shall include the following information:
[Added 12-11-1995 by L.L. No. 15-1995]
Address and tax lot designation of the premises where the boat is to be stored (the "subject premises").
The name and address of the owner of the subject premises.
The name and address of the applicant, if the applicant is not the owner of the subject premises.
A full and complete copy of the lease if the applicant is lessee of the subject premises or, if not a lessee but otherwise a legal occupant of the subject premises, an explanation of the nature of the occupancy and relationship of the occupant to the owner or tenant.
A copy of the boat registration.
A copy of the trailer registration, if the boat is being stored on a trailer.
The name and address and signature of the owner of the adjacent property if such owner has granted permission to store a boat closer to or partially upon such adjacent property or otherwise waived the required screening.
An authorization to the Building Inspector and the Code Enforcement Officer, upon reasonable notice and the making of an appointment, to enter upon the premises to take measurements and otherwise assure that the boat storage is in compliance with this § 128-9. In the event that an applicant fails or refuses, after reasonable notice, to make an appointment during reasonable hours with the Building Inspector or the Code Enforcement Officer, such failure or refusal shall be a basis for revoking the applicant's boat storage permit.
The safety of such storage shall be subject to the review and approval of the Building Inspector. The Building Inspector may direct that such actions as he deems appropriate be taken, including seeking outside professional advice, to assure the safety of the boat.
[Added 12-11-1995 by L.L. No. 15-1995]
Occupants of the premises shall be responsible for compliance with this section in regard to the following:
Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by Village ordinances.
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances as well as other building equipment and storage facilities in that part of the premises which he occupies or controls in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
Keeping exits from his building clear and unencumbered.
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner, in accordance with the provisions of the Village.
Extermination of insects, rodents or other pests within his premises.
Maintaining of yards, lawns and courts in a clean, sanitary and safe condition and free from infestation insofar as said occupant occupies or controls said yards, lawns and courts or any parts thereof.
The installation and removal of required screens.
Keeping his domestic animals and pets in an appropriate manner and under control.
Elimination of all prohibited uses for that part of the premises which he occupies, controls or has accessibility thereto.
Maintenance of all sanitary waste lines running from and/or between the buildings on the premises and to a sewer main that is under the custody and care, for maintenance purposes, of a special district of the town or other public body. Such maintenance shall include, but not be limited to, assuring that the sewer lines are free of leaks and free of unreasonable obstruction from tree roots or other matter. In all prosecutions brought for the enforcement of this subsection K, the affidavit of an occupant and/or property owner to support an application to the Village for the removal of a tree because of such tree’s obstruction of and/or damage to a sanitary waste line shall be the basis for a rebuttable presumption in any prosecution of the affiant that such sanitary waste line shall have to be repaired in order to comply with this subsection K. The rebuttal of the aforesaid presumption shall be an affirmative defense by the affiant.
[Added 12-14-2005 by L.L. No. 15-2005]
Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators as to which party shall assume such responsibility.
Owners and operators of buildings shall be responsible for proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply where they have contracted to do so.
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Village as executor, administrator, trustee, guardian, operator, or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this chapter and shall be bound to comply with the provisions of this chapter to the same extent as the record owner; and notice to any such person, or any order or decision of the Mayor, shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this chapter.
Unoccupied hazards shall be subject to condemnation in accordance with the ordinances of this Village.
Any person violating any of the provisions of this chapter shall be liable to a penalty of not more than $250 nor less than $20. Each day a condition in violation of this chapter exists shall constitute a separate violation of this chapter.
[Added 9-16-1991 by L.L. No. 7-1991]
The owners and occupants of all real properties within the Village shall:
Keep grass, brush, undergrowth, accumulation of plant growth, and all other growth on such lots, plots and properties, except trees, shrubs, cultivated gardens and pachysandra, ivy and similar ground coverings, cut and trimmed to a height which is no greater than six inches on every part of such properties;
Keep such properties free from accumulations of physical hazards, garbage, refuse, rubbish, litter and debris of all kinds;
Keep such properties free from rodent or other vermin harborage or infestation.
If any such owner or occupant shall fail to comply with the provisions of this section, the Village, after giving such owner or occupant 10 days' written notice by certified mail to such owner or occupant's last known address in the Village, may cause such grass, brush, undergrowth, accumulation of plant growth, garbage, refuse, rubbish, litter and debris, and all other similar materials to be cut, trimmed or removed, and cause any rodent or other vermin harborage or infestation to be exterminated, with the total cost thereof to be assessed upon such real property, and such assessment shall constitute a lien and charge on the real property against which it is levied until paid or otherwise satisfied and discharged, and such assessment shall be collected by the Village Treasurer in the manner provided by the law for collection of delinquent taxes.