Village of Kiryas Joel, NY Property Maintenance

Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New York, its governmental agencies or the regulations and laws of the village.

Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where said condition exists.

Any waste material or any other matter attractive to vermin, likely to breed disease, present a fire hazard, create offensive odors or otherwise be prejudicial to good health or being so unsightly of appearance as to be offensive to surrounding properties or when viewed from the public right-of-way.

OCCUPANT

Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling premises, or any person or entity in possession of or using any premises, or part thereof, whether or not the owners thereof and regardless of the duration of time of such possession, use or occupancy.

OWNER

Any person, persons or entity who shall have legal or equitable title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof; or who shall have charge, care or control of any lot, premises, building, structure or part hereof as agent of the owner, or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building structure or land shall be deemed to be a co-owner with the lessor for the purposes of this chapter and shall have responsibility over the portion of the premises so sublet, leased or assigned.

PERSON

Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.

PREMISES

A lot, plot or parcel of land, including the buildings or structures thereon.

SOLID WASTE

Materials or substances discharged, discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such waste shall include but is not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, refuse, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.

§ 104-3 Duties of owners and occupants.

In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner or occupant of premises to comply with any or all of the requirements and standards of this chapter to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions.

Owners and occupants shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any duty, obligation or responsibility hereunder, nor be entitled to assert, as a defense against any charge made against him or them for violation of this chapter, the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.

§ 104-4 Applicability of provisions.

The provisions of this chapter shall supplement state and local laws, codes or regulations. Where a provision of this chapter is found to be in conflict with a provision of a state or local law, code or regulation, the more restrictive provision shall prevail when legally permissible.

§ 104-5 General requirements.

Surface and subsurface water shall be appropriately drained to prevent the development of stagnant ponds.

Premises shall be maintained in a clean, safe and sanitary condition free of physical hazards, fire hazards, solid waste, garbage, rubbish, trash, infestation, rodents, roaches, fleas, ticks, any vehicles no longer intended or in condition for legal use on the public highways, hazardous substances, construction and demolition material, noxious weeds or nuisance.

No motor vehicle shall be permitted on any vacant or unimproved property. No more than one vehicle per dwelling unit shall be permitted during any 24 hour period on any property which is improved with at least one dwelling unit.

All fences shall be maintained in safe and substantial condition by the owner of the premises upon which it is located. Such maintenance shall include but not be limited to painting or staining as needed and the replacement of broken or missing sections of fence which may come into disrepair.

Premises not improved with a building or structure shall be maintained in such a manner that noxious weeds do not encroach upon adjoining properties and the grasses thereon shall be mowed or cut at a minimum of once yearly or when the height of growth exceeds 12 inches, whichever is more frequent.

The landscaping on all premises improved with a building or structure thereon shall be properly maintained. Such maintenance shall include but not be limited to the trimming or removal of dead and potentially hazardous or diseased trees, shrubs or portions thereof. Lawns shall be kept mowed to a height not to exceed six inches.

Steps, walks, driveways, parking spaces, parking lots and similar paved areas shall be repaired, replaced, kept free from snow and ice and maintained so as to be free from holes, hazards and dirt so as to afford safe passage to the public under normal use and weather conditions.

Ground cover shall be properly established to prevent undue soil erosion due to the elements.

Premises shall be maintained so that the plant growth thereon shall not:

Harm or hinder the development of valued trees and/or shrubs on public or private property;

Intrude upon the property of an adjoining property owner;

Render offensive odors;

(4)

Harbor insects (mosquitos, flies, ticks, vermin, etc.) detrimental to the public health; or

(5)

Create or present a hazard to others.

Building and structures.

All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed with a protective coating of paint or other suitable preservative to protect them from deterioration.

All private signs exposed to public view shall be maintained in good repair. Excessively weathered or faded signs shall be repaired, restored or removed. Inoperative electrical or other mechanical signs shall be repaired or removed.

Except in one-(1) and two-(2) family dwellings, all floors, walls, ceilings, stairs and fixtures of a building's exterior walls, roofs, porches or appurtenance thereto shall be maintained in a clean, safe and sanitary condition and shall be maintained in a manner so as to prevent injury to the occupants of the building or to the public.

(4)

The foundation walls of every building shall be maintained in a structurally sound condition.

(5)

The exterior parts of a building shall be maintained so as to keep water from entering the building. 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, gutters, leaders, soffits, cupolas, roofs and other parts of the building shall be free from loose and unsecured objects and material. Such object or materials shall be removed, repaired or replaced.

(6)

Buildings and structures shall be maintained free of fleas and roaches, vermin and rodent harborage and infestation.

(7)

Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse. Garbage and refuse containers shall be of an approved waterproof type and shall be enclosed in a booth of sufficient size (not exceeding five feet in height) for the use and occupancy of the premises and shall be placed near the front property line. The presence of garbage outside the booth shall be violation of this chapter.

§ 104-6 Public rights-of-way.

The Board of Trustees finds that sidewalks, grass strips and walkway easements adjacent to private property are attributes of the private property. That portion of the public right-of-way between the private property line and the traveled roadway portion of any right-of-way adjoining the private property, including sidewalks and grass strips, and any walkway easements which transverse private property shall be maintained by the owner or occupant of such private property in the same manner as required in § 104-5. This requirement shall apply whether or not the subject private property is occupied by a building or structure.

Snow and ice shall be removed from sidewalks and walkway easements within 24 hours after the end of a snowfall. Sidewalks in front of commercial establishments and commercial parking lots shall be kept free of snow and ice at all times between the hours of 9:00 a.m. and 5:00 p.m. Whenever the owner or occupant of property adjoining a public sidewalk or walkway easement fails to remove the snow and ice from such sidewalk or walkway easement within the time specified herein, the village may remove said snow or ice, by public contract or otherwise, and shall bill the property owner for the expense incurred for labor, equipment and materials used. No notice to the owner or occupants of the failure to comply with this provision is required. If said bill is not paid within 30 days, the amount shall be assessed against the property and become a lien thereon, to be assessed and collected in the same manner as real property taxes in accordance with Village Law § 4-414.

Nothing contained herein shall be construed or interpreted as limiting the authority of the village to take all steps reasonable or necessary to promote and protect the public health, safety and welfare by providing for safe passage of pedestrians and vehicles on streets, sidewalks and public ways. The Board of Trustees, in its discretion, may authorize the removal of obstructions or nuisances, including snow, ice and vegetative growth which impair the customary use of streets, sidewalks and public ways. The Board of Trustees may determine to undertake or authorize such action, in whole or in part, by reasonable classification based upon location, amount of public use and degree of danger or impairment presented. The undertaking of the village to take these actions upon default of the property owner shall not relieve the owner of any responsibilities imposed by this chapter.

The failure or omission by the village to undertake to provide services shall not create any liability attributable to the village. With respect to any dangerous conditions for which the village may be liable, it shall be entitled to receive notice of defect in accordance with § 6-628 of the Village Law. Any duty on the part of the village pursuant to this chapter is a general duty of the village. No person is authorized to create or imply or to assume or infer a special duty by the village.

§ 104-7 Administration and enforcement.

Enforcement Officer; appearance tickets. The Code Enforcement Officer, Building Inspector and or any other person authorized by the Board of Trustees are hereby designated as the officers charged with the enforcement of this chapter, and are hereby authorized to issue notices of violation and appearance tickets to secure enforcement. Such appearance tickets shall be in the form prescribed by the Village Board.

Enforcement procedure. Upon determination that a violation exists in, on or about any building, premises or property, the Code Enforcement Officer shall serve a written notice of violation which orders the remedying of the violation. Such order shall state the nature of the violation and the provision or term violated and shall set a date as may be reasonably necessary for achieving compliance before proceedings to compel compliance or assess penalties shall be instituted. Such order shall be served personally or by certified mail to the last known address of the property owner and/or occupant. If service is by certified mail, then a copy of the notice of violation shall be posted at the premises where the violation exists.

The enforcement officer shall be responsible to direct the proper securing of waste (trash dumpsters, containers or enclosures) upon all properties other than public property and shall provide written notice of noncompliance to the owner, tenant or occupant as provided in Subsection B, which shall require the correction, removal or replacement within five days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure. Failure to comply with said notice shall subject such owner, tenant or occupant to the penalties set forth herein.

§ 104-8 Penalties for offenses; remedies.

Any violation of any provision of this chapter or of any lawful order of any enforcement officer shall be deemed a violation of this chapter.

The owner, occupant and/or tenant of the premises shall be jointly and severally liable for any violation.

Any person or entity who violates this chapter shall, upon conviction, be punishable as provided for violations of the State Penal Law.

Alternatively or in addition to those penalties prescribed for violations under state law, any person, firm or corporation who violates this chapter shall be liable to the village for a civil penalty of not more than $200 for each day or part thereof during which such violation continues. Said civil penalties shall be recoverable in an administrative proceeding held by and before the Board of Trustees pursuant to the following procedure:

Whenever a violation has not been remedied within the time specified in the notice of violation, an enforcement officer may issue an order to show cause before the Board of Trustees why such penalties should not be imposed.

Service of order to show cause.

(a)

Such order to show cause shall be served personally; or by mailing a copy of such order by certified mail to the property owner and occupant, to their last known addresses as shown by the records of the village, and by posting a copy of such order on said premises.

(b)

A copy of said order may be filed in the County Clerk's Office, which order shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. An order so filed shall be effective for a period of one year from the date of filing. It may be terminated upon an order of a Judge or Justice of a court of record or upon the written consent of the attorney for the village. The County Clerk shall mark the order to show cause and any record or docket thereof as canceled of record upon the presentation and filing of a certified copy of such judicial order of such consent.

Content of order. Said order to show cause shall state the nature of the violation; the provision or term violated; and the date, time and place for a hearing before the Board of Trustees. The hearing shall be set for a date not less than seven days after the date of the order to show cause is mailed.

(4)

Conduct of hearing.

(a)

The Board of Trustees shall conduct a hearing at the date, time and place specified in the order to show cause. The hearing may be adjourned from time to time and shall continue until interested persons subject to the order to show cause are heard. No formal rules of evidence shall apply nor shall a stenographic transcript be required.

(b)

The property owner, occupant and any others subject to the order to show cause may be represented by an attorney and shall have the right to present evidence and examine witnesses to show why penalties should not be assessed and/or why an order to remove an emergency condition should be modified or withdrawn.

(c)

After the hearing is closed, the Board of Trustees shall make findings and make a determination. Such determination shall indicate the basis and reason for the decision, shall state the dollar amount of any fine(s) imposed and shall be supported by substantial evidence.

(d)

Any fines imposed plus, if any fine is imposed, the costs to the village of the proceeding, including but not limited to attorneys' fees and administrative costs, shall be immediately due and payable. Administrative costs shall be determined from time to time by resolution of the Board of Trustees.

(e)

The determination of the Board of Trustees may be reviewed in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is commenced within 30 days of such determination. Judicial review shall not stay any stop-work order or stay payment of any fine and costs imposed.

(5)

Assessment of fines and costs. All fines and all costs incurred by the village in connection with the administrative proceeding, if unpaid, shall be a lien on the real property and shall be assessed against such property, together with 9% interest per annum, and shall be levied and collected in the same manner as real property taxes.

Correction of violation by village.

Compliance with this chapter is required in the interest of the public safety, health and welfare. Notwithstanding any other provision herein, if a property owner fails to correct a violation after notice of the same, the village and its agents shall have the right to enter upon the property and perform the work necessary to correct the violation. The property owner shall be responsible and liable for all costs incurred by the village in connection therewith. If not paid, said costs shall be a lien on the real property and shall be assessed against such property, together with 9% interest per annum, and shall be levied and collected in the same manner as real property taxes.

The abatement, removal or repair of any nuisance, hazard of other such condition by the Village of Kiryas Joel or its agents shall not operate to excuse the owner, tenant or occupant from properly maintaining any premises as required by this chapter, and such owner, tenant or occupant shall, notwithstanding such action, be subject to any penalties provided for herein.

Emergency condition.

Whenever an enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice in the manner set forth above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator immediately or as soon as it is reasonably necessary to remove the emergency condition. Notwithstanding any other provision of this chapter, such order shall be effective immediately. If the property owner fails to immediately remedy the violation and remove the emergency condition, the village and its agents shall have the right to enter upon the property and perform the necessary work and to recover its costs in the same manner as set forth in § 104-8E above.

Said order may be appealed by the property owner or occupant to the Board of Trustees by filing a written appeal with the Village Clerk. The filing of an appeal shall not stay the order. The Village Clerk shall forthwith set the date, time and place for a hearing on the appeal and mail a notice of hearing by certified mail to the appellant at his last known address as shown on the records of the County Clerk and by posting a copy of said notice at the premises. The hearing date shall be not more than 10 days after receipt by the Village Clerk of the appeal.