[HISTORY: Adopted by the Board of Trustees
of the Village of Maybrook 7-11-2005 by L.L. No. 12-2005.[1] Amendments noted where applicable.]
A.
In order to prevent blight and the spread thereof,
it is hereby declared that all structures, including but not limited
to shopping centers, supermarkets, retail stores, discount houses
and other business uses, whether occupied or vacant, and accessory
structures, located in the Village of Maybrook 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.
B.
It is found and declared that, by reason of lack of
maintenance and progressive deterioration, certain structures and
properties have the further effect of creating blighting conditions
and initiating slums and that, if the same are not curtailed and removed,
the aforesaid condition 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 enhanced.
The provisions of this chapter shall supplement
local laws, codes or regulations existing in the Village of Maybrook
and the other statutes and regulations of authorities having jurisdiction
thereto. 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.
As used in this chapter, the following terms
shall have the meanings indicated:
A building, structure or land used for any purpose other
than for single-family or multifamily purposes, including premises
used for retail purposes, business purposes or industrial purposes,
and mixed commercial and residential purposes, such as an apartment
in a commercial building.
A transportable container for storage and disposal of garbage.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
[Added 9-25-2017 by L.L.
No. 6-2017]
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking or consumption of food.
The presence of insects, rodents, vermin and other pests.
Any motor vehicle which is partially dismantled or wrecked
or is no longer intended for or in condition for legal use upon the
public highways.
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.
Any building which is used as a home or residence with more
than one dwelling unit, other than a single-family residence, together
with any garage or other accessory buildings and the lot upon which
such building or buildings are constructed.
Includes the owner, tenant, occupant or any other person,
firm or corporation directly or indirectly in control of any premises,
building or part thereof.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street sweepings, dead animals 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, woodpiles, abandoned refrigerators,
abandoned stoves, glass, bedding, crockery and materials.
A building which is occupied exclusively as the home or residence
of a single family, together with any garage or other accessory buildings
and the lot upon which such building or buildings are constructed.
Any building or part thereof which remains unoccupied for
a period of more than one year, 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 one year from issuance of a building permit
and commencement of construction.
[Amended 9-25-2017 by L.L. No. 6-2017]
A.
All properties shall comply with this chapter.
B.
The owner or tenant shall keep all and every part of the premises,
buildings, accessory structures, and exterior property area in attractive
condition and good repair, including but not limited to the following:
(1)
Interior floors, walls, ceilings, furnishings and
fixtures shall be maintained in a clean, safe and sanitary 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. Wood siding must be painted or stained; manufactured siding
must be kept in good repair.
(2)
Driveways and parking spaces provided shall be covered
with broken stone, gravel, concrete or asphalt paving, which shall
be kept in good repair, and such driveways and parking spaces shall
be regularly cleaned to avoid accumulation of dirt, paper and other
debris. Parking areas shall be paved with concrete or asphalt, and
parking spaces shall be clearly marked with painted white or yellow
lines with appropriate handicapped parking signage.
(3)
The owner and other persons, as defined in § 149-3, shall keep all and every part of the premises which he owns and the steps, walk, driveways and parking areas located in the front, rear and side of said premises from the building line to the nearest public street line in a clean, sanitary and safe condition and free from litter, debris, paper, dirt and garbage and in good repair.
(4)
No person, as defined in § 149-3, shall store any junked motor vehicles upon premises owned, occupied or controlled by him.
(5)
Garbage and rubbish must be placed in a dumpster that
is large enough and emptied often enough so it does not overfill and
must be placed in an opaque structure with a door in a location that
is approved by the Building Inspector.
(6)
No person shall park or store vehicles in a manner
that obstructs access of waste hauling trucks to any dumpster.
(7)
Waste, deteriorated machinery or equipment, deteriorated vehicles,
upholstered furniture, carpeting, mattresses, box springs, clothing,
or any such fabric items, dishwashers, refrigerators, washing machines,
dryers, stoves, ovens or any such indoor appliances, lawnmowers or
any similar outdoor machine/vehicle, tanks and other containers shall
not be located in an exterior property area, yard or yard enclosure
or on a porch where they are subject to weather deterioration or exposed
to public view.
All grounds, buildings or structures shall be
maintained free of insects, vermin, rodents and other pests. Where
the potential for rodents or vermin infestation exists, windows and
other openings and basements and cellars shall be appropriately screened
with wire mesh or other suitable materials.
A.
Owners of commercial and multifamily buildings and other persons, as defined in § 149-3, shall be responsible for compliance with this chapter.
B.
Buildings and structures shall be maintained in such
condition so that they shall not become unoccupied hazards. All graffiti
and defacing shall be removed and the surface finish restored within
a five-day period.
C.
Owners, tenants, occupants, and all persons as defined in § 149-3, of all structures within the Village shall be responsible for compliance with the following:
[Amended 9-25-2017 by L.L. No. 6-2017]
(1)
Keeping exits from that portion of the premises which
they occupy clear and free from obstructions.
(2)
Disposing, in a clean and sanitary manner, of all
garbage, refuse and debris in the provided containers.
(3)
Exterminating insects, rodents or other pests within
that part of the premises which they occupy.
(4)
Eliminating all prohibited uses for that part of the
premises which they occupy, control or have accessibility thereto.
(5)
No parking in a manner that obstructs access of the
waste hauler to empty the dumpster.
A.
The Building Inspector and other duly appointed law
enforcement officers of the Village of Maybrook shall enforce this
chapter.
B.
It shall be the duty of the Building Inspector to
issue a notice of violation to any person responsible or to order,
in writing, the correction of conditions found to exist in or on any
premises which violate the provisions of this chapter.
A.
A notice of violation issued by the Building Inspector
relative to a premises shall be served by registered or certified
mail and by regular mail upon the person, or by posting the violation
notice in a conspicuous place upon the premises affected. If a notice
of violation is served by posting it upon the premises, a copy thereof
shall be mailed to the person to whom it is directed by registered
mail and regular mail with no return address on the envelope, and
proof of service retained in the file.
B.
A notice of violation shall state that unless, within
10 days from service of the notice, a written request is made for
a hearing before the Board of Trustees, such notice shall, at the
expiration of such ten-day period, be deemed an order to cease and
desist from and to abate the described violation. Such notice 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.
C.
If a hearing is requested, it shall be commenced not
later than 10 days after the request is made, provided that, for good
cause, the Board of Trustees or Mayor may postpone such hearing for
a reasonable time. If, after the hearing, the Board of Trustees finds
that no violation exists or that such unusual, extraordinary or undue
hardship shall occur as a result of the physical dimension and proportion
of the property, the notice may be vacated. If the Board of Trustees
finds that a violation does exist, it shall forthwith issue an order
requiring the abatement of the same within a prescribed reasonable
time. The proceedings at such hearing shall be summarized in a written
report and entered as a matter of public record in the office of the
Village Clerk.
D.
Any party aggrieved by the decision of the Board of
Trustees may, within 30 days of the decision, appeal said decision
pursuant to Article 78 of the Civil Practice Law and Rules.
E.
The provisions of Subsections A and B notwithstanding, it shall not be necessary for the Building Inspector to issue a notice of violation or to order, in writing, the correction of a condition 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 immediately be served with an appearance ticket or summons.
A.
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.
B.
Where the full amount due to the Village is not paid by such owner within 20 days after the correction of such violation as provided in Subsection A above, then and in that case the Building Inspector 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 and the location of the property by section, block and lot on which said 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 the 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 such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that 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 and described in the statement and that the same is due and collectible as provided by law.
C.
Order on consent The Building Inspector is authorized
to resolve any violation of this chapter by executing a stipulation
and order on consent of the defendant, approved by the Village Justice
and subject to contempt penalties and other penalties permitted by
law for default by defendant of such agreement.
