For purposes of this article, the terms used
herein are defined as follows:
ABANDONED
To withdraw or give up by leaving the premises or ceasing
to operate or inhabit the premises; more than a seasonal absence from
the premises.
BLIGHT
Premises which are not properly maintained so as to diminish
or lessen the appearance thereof, or so as to detract from the appearance
of adjoining properties, which leads, or may lead, to the progressive
deterioration of a neighborhood.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
BUILDING INSPECTOR
The Building Inspector of the Town of Haverstraw or such
other person appointed by the Town Board to enforce the provisions
of this article.
DUMPSTER, CONTAINER or ENCLOSURE
An enclosed area or otherwise covered container for the temporary
collection and storage of a nuisance, hazard, debris and litter as
defined herein.
JUNKYARD
An area of land, with or without buildings, used for the
deposit, collection or storage, outside a completely enclosed building,
of used or discarded materials, such as wastepaper, rags or scrap
metal; or used building material, house furnishings, machinery, vehicles
or parts thereof; with or without the dismantling, processing, salvage,
sale or other use or deposition of the same. A deposit or the storage
on a lot of two or more wrecked or broken-down vehicles or parts of
two or more such vehicles for one month or more in any district or
at any time in a front yard shall be deemed to be a junkyard.
NUISANCE, HAZARD, DEBRIS and LITTER
Any waste material, including but not limited to garbage
or other putrescible substance, refuse, tobacco products and packaging,
rubbish, tires, inoperable vehicles and parts, discarded furniture,
appliances, water heaters, bottles, cans, plastic containers, pipes,
bags of fertilizer, pet excrement, building or construction materials
or supplies when stored outside on a site where no active construction
is taking place, discarded or strewn papers or material or other junk
substances, tree stumps, logs, wood, brush 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.
STRUCTURE
An assemblage of materials constructed or erected, the use
of which requires location above, below or on the ground, including
but not limited to the following: buildings, signs, walls, retaining
walls, radio and television antennas or dishes, microwave/satellite
antennas, pergolas, pagodas, porches, decks, bins, sheds, swimming
pools, swimming pool structures, docks, etc.
VACANT STRUCTURE
Any building, structure or portion thereof designed or used
for residential or commercial purposes which has been unoccupied or
unused for a period of six months or longer. Specifically excluded
are all agricultural structures such as barns and fieldhouses.
The owner, occupant or tenant of any privately
owned property within the unincorporated portion of the Town of Haverstraw
shall comply with the following:
A. The premises shall be properly maintained and landscaped.
Lawns or other ground cover shall be kept trimmed to a height of no
greater than 12 inches. Hedges, bushes and shrubs shall be maintained
and kept from becoming overgrown and unsightly where exposed to public
view and where the same constitute a blighting factor, depreciating
adjoining property and impairing the appearance of the neighborhood.
B. The premises shall be free of nuisance, hazard, debris,
litter, unsanitary conditions and unsightly materials.
C. All dead, damaged or diseased trees or any portion
thereof which present any hazard to life or property shall be removed.
D. Properties shall be maintained to prevent soil erosion
and sedimentation.
E. Firewood kept on the premises shall be neatly stacked
and properly stored and free of rotted wood.
F. Any clothesline on the premises shall be placed at
least 15 feet from all property lines and limited in use to clothes
only. Tarps, pool covers, and other material or matter may be hung
on a clothesline or other vertical support for a limited time not
to exceed 48 hours. No clothesline or similar vertical object shall
be placed within any front yard.
G. All green waste, such as yard waste, brush, leaves,
grass clippings and firewood, shall be placed a minimum of 10 feet
from all property lines. It shall be the responsibility of the complainant
to the Town of Haverstraw under this section to have the property
line staked out in the area where the alleged violation is purported
to exist. Therefore, the property line must be demarked by a licensed
land surveyor so that the code enforcement authority can determine
that the alleged violation does, in fact, exist. This section shall
not apply to green waste placed at the curb for removal by the Town
of Haverstraw, in accordance with the Town of Haverstraw Highway Department's
requirements and schedule for removal.
H. This section shall not prevent nor prohibit the maintenance
of a compost site/area in an approved and properly functioning manner,
in an area no greater than 10 feet by 20 feet (200 square feet).
The exterior of all premises within the unincorporated
portion of the Town of Haverstraw shall be kept free of all nuisances.
It shall be the duty of the owner or operator to keep the premises
free of hazards, which may include but are not limited to the following:
A. Hazardous walks and steps, which shall be repaired
or replaced.
B. Loose and overhanging objects which, by reason of
their location above ground level, constitute a danger of falling
on persons in the vicinity thereof.
C. Cracks, projections, or obstructions on paths, walks,
driveways, parking areas and other parts of the premises which are
accessible to and may be used by the public.
D. All holes, excavations, breaks, trenches, and digging
left open, which shall be filled and repaired.
The exterior of the premises in the unincorporated
portion of the Town of Haverstraw, and the condition of accessory
structures, shall be maintained so that the appearance of the premises
and all buildings thereon shall reflect a level of maintenance in
keeping with the standards of the neighborhood, and such that the
appearance of the premises and structures shall not constitute a blighting
factor for adjoining property owners, nor an element leading to the
progressive deterioration of the neighborhood with the accompanying
diminution of property values, including the following:
A. Equipment and materials which relate to a business,
commercial operation or industrial operation shall not be maintained,
stored, serviced, or used unless permitted under the Zoning Code of
the Town of Haverstraw for the zoning district in which the premises
are located.
B. Open front porches shall not be used to store or use
household equipment not usually associated with porch usage, such
as washers, dryers and refrigerators, or to store or use commercial
items.
C. All signs permitted by reason of other regulations
or as a lawful nonconforming use shall be maintained in good repair,
and printed matter, pictures or illustrations contained thereon shall
be completely maintained or, when no longer in use, completely removed.
All signs in a residential zone shall be erected at least 10 feet
from the side and rear property lines, and shall not be directed toward
abutting neighbors` residences located in a residential zoning district.
D. The exterior of every structure or accessory structure
not inherently resistant to decay, including fences, shall be maintained
in good repair, and all surfaces thereof shall be kept painted or
otherwise provided with a protective coating sufficient to prevent
structural deterioration and to maintain appearance. The same shall
be maintained free of broken glass, loose shingles, crumbling stone
or brick, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences.
E. There shall be no observable (from a public highway
or private road) cardboard or plastic bag material covering any window
in a structure or accessory structure.
The owner shall keep all and every part of any
vacant structure in the unincorporated portion of the Town of Haverstraw
in attractive condition and in good repair, including but not limited
to the following:
A. Exterior surfaces of buildings and structures that
are not inherently resistant to deterioration shall be periodically
treated with a protective coating of paint or other suitable preservative.
B. Buildings and structures shall be secured at all doorways,
windows and other openings.
C. Buildings and structures shall be maintained free of vermin and rodents, and the exterior premises shall be maintained in accordance with the provisions of §
127-20 of this article.
D. Damage caused to the exterior of any structure by
fire, explosion or natural disaster shall be repaired within six months
of the date when such damage was sustained.
All abandoned or fire-damaged buildings in the
unincorporated portion of the Town of Haverstraw shall be boarded
up by the owner as follows:
A. Material for boarding shall be a minimum of one-half-inch
exterior plywood.
B. First floor and cellar windows shall have the material
cut to fit between the staff moldings and rest on the windowsill to
provide solid nailing all around. All remaining windows visible from
a public way shall also be so covered.
C. Windows in exterior doors shall be secured and doors
either padlocked or boarded with plywood.
D. All material shall be nailed with a minimum of six-penny
nails.
E. Fire-damaged buildings shall be boarded immediately,
but in no event later than 48 hours of the fire. Abandoned buildings
shall be boarded within five days.
F. Any owner of a building who fails to comply with this
section shall be subject to a fine of $100 per day from the date of
written notice from the Building Inspector and/or Code Enforcement
Officer.