City of Glen Cove, NY Article VI Property Maintenance Requirements

§ 168-42 General requirements.

A. Residential premises shall be maintained in a clean, safe and sanitary condition.

B. Areas devoted to the common use of occupants and users shall be kept broom clean at all times.

§ 168-43 Open areas.

A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent ponding.

B. Fences, walls and other minor constructions shall be maintained in safe, good and substantial condition.

C. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained to afford safe and convenient passage.

D. Yards, courts and vacant lots shall be kept clean and free of hazards.

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

F. Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health or safety shall be eliminated.

G. Open fires shall not be permitted, unless authorized and approved pursuant to local law and in conformity with state air pollution control regulations.

H. No container shall be stored on private property in excess of 30 days in any twelve-month period unless the property owner is engaged in construction on the premises pursuant to an open and valid building permit.

[Added 7-25-2017]

§ 168-44 Buildings and structures.

A. Exterior surfaces shall be maintained in good condition. Surfaces, not inherently resistant to deterioration, shall be treated with a protective coating of paint or other suitable preservative.

B. Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be eliminated.

C. Paint containing more than 1% of metallic lead, based on the total nonvolatile content of the paint, shall not be used to paint any interior wall, ceiling, window, door or other interior surface. Where such paint on interior surfaces is peeling, or otherwise presents a health hazard, it shall be promptly removed and the surface safely and appropriately refinished or resurfaced.

§ 168-45 Infestation and screening.

A. Grounds, buildings and structures shall be maintained free of insects, vermin and rodent harborage and infestation.

B. Where rodent infestation exists, windows and other openings in basements and cellars shall be screened to prevent entrance of rodents.

C. From May 1 to October 1, entrances to residential buildings and structures shall be provided with self-closing doors, devices or screens, and windows and other openings used for ventilation shall be appropriately screened, except that screens shall not be required in the upper stories of multiple dwellings which are free of mosquitoes, flies and other flying insects.

§ 168-46 Garbage and refuse.

A. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse. Storage containers shall be of an approved flame-resistant waterproof type.

B. The accumulation or storage of garbage or refuse in public halls or stairways shall be prohibited.

§ 168-47 Junk.

A. Refrigerators and similar equipment with locking mechanisms shall not be discarded, abandoned or stored on premises accessible to children, without first removing the locking devices or the hinges of the doors.

B. Junked vehicles, equipment and materials shall not be stored in open areas of premises, nor shall unregistered vehicles be stored for more than 30 days.

[Amended 6-14-1988]

§ 168-48 Domestic animals and pets. [1]

Domestic animals and pets shall be kept in an appropriate manner, so as not to constitute a hazard or nuisance, and under control.

[1] Editor's Note: See also Ch. 87, Art. I, Animals and Fowl.

§ 168-49 Painting of apartment dwellings.

[Added 12-22-1987]

A. Application. This chapter shall apply to apartment districts and owners or lessors of apartment dwellings and tenants whose leases are subject to the Emergency Tenant Protection Act or which may be subject to any successor act. It shall not have application to apartment units owned by a cooperative corporation which are occupied by a shareholder under a proprietary lease or to any such dwellings which may be hereinafter owned pursuant to Article 9-B of the Real Property Law commonly known as the "Condominium Act."

B. Administration. This chapter shall be administered by the Building Department Administrator of the City of Glen Cove and by the New York State Division of Housing and Community Renewal, or such successor agency, or/and by such other persons, parties or public officials as the City of Glen Cove may appoint or designate.

C. Maintenance requirements.

(1) General requirements.

(a) Exterior wood surfaces of apartment buildings and structures that are not inherently resistant to deterioration shall be periodically treated with protective coating of paint or other suitable preservative.

(b) Floors, walls, ceiling, furnishings and fixtures of apartment buildings shall be maintained in a clean and sanitary condition.

(2) Specific requirements. The owner or lessor of every multiple dwelling shall be required to comply with the requirements of this subsection in connection with painting or otherwise covering with a suitable substitute the interior surface of all walls and ceilings throughout all public and tenant occupied parts of the apartment dwelling. These requirements are as follows:

(a) Repainting surface coverings.

[1] Painted surfaces. The painted walls and ceilings in all public and tenant occupied parts of an apartment dwelling shall be repainted or covered with a substitute by the owner or lessor at the owner's or lessor's expense whenever the Building Inspector and/or his or her authorized assistants determine that said surfaces are in an unsanitary or unsightly condition, provided that in no event shall any painted walls or ceilings be repainted less frequently than once every three years. All surfaces shall be painted in a manner so as to thoroughly and uniformly cover all previous coats of paint, and kitchens and bathrooms shall be painted with a washable paint.

[2] Surface coverings. Walls and ceilings in all public and tenant occupied parts of a multiple dwelling which have a surface covering shall be recovered or painted by the owner or lessor at the owner's or lessor's expense whenever the Building Inspector and/or his or her authorized assistants determine that said surface coverings are in an unsanitary or unsightly condition. No surface covering shall be placed upon a wall or ceiling unless all existing wallpaper or other surface covering shall be first removed therefrom and such wall or ceiling thoroughly cleaned and repaired.

(b) Private agreements.

[1] Repainting; tenant waiver and certification. An owner or lessor need not repaint all or a portion of a tenant occupied part of an apartment dwelling after the expiration of three years from the time said premises were last repainted if the tenant agrees in writing to waive such repainting because it is not necessary, and, if in addition, the Building Inspector and/or his or her authorized assistants or other enforcement officers designated herein inspect the premises and verify in writing that repainting of part or all of the premises is unnecessary since the premises or the relevant portion thereof is not in an unsanitary or unsightly condition.

[2] Tenant credit for painting. An owner or lessor may satisfy the requirement of repainting or surface covering with respect to tenant occupied parts of the apartment dwelling by permitting the tenant, with consent of the tenant and at the tenant's expense, to repaint and/or place suitable surface coverings on walls and/or ceilings, provided that the owner or lessor pays to the tenant an amount equivalent to that which it would cost to repaint that portion of the tenant occupied premises which the owner or lessor is required to repaint and/or recover as evidenced by a written estimate furnished by a painter mutually agreed upon by the owner and the tenant.

(c) Unsightly; definition. The term "unsightly" when used herein shall mean deteriorated, defaced, discolored, stained, peeled, blistered, cracked or spoiled; but shall not relate to the consistency of color combination intentionally selected.

D. Enforcement and compliance.

(1) It shall be unlawful for the owner or lessor to violate these provisions or to fail to comply with any notice or order of the Building Department Administrator or the New York State Division of Housing and Community Renewal, as the case may be, or any other person or party authorized by the City Council of the City of Glen Cove to enforce the terms and conditions of this Part, any person who does so may be prosecuted and any violations shall be punishable pursuant to Part 2, Administration and Compliance, §§ 168-51 through 168-63 of this chapter.

(2) Compliance. Each owner shall be required to furnish the Building Department Administrator or the New York State Division of Housing and Community Renewal with such information in such form and within such period of time as is requested by the above referred to enforcement authorities, in connection with the enforcement of these requirements, and the failure of any owner to do so shall constitute a violation of this chapter. Any owner or lessor who provides false or misleading information to the Building Department Administrator or other enforcement officer shall also violate these provisions and requirements.

E. Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Part shall not affect the validity of any other part of this Part which can be given effect without such invalid part or parts.

F. Effective date. This Part shall take effect three days following the publication in the official paper of the City of Glen Cove.