It is the purpose of this article to assist in the continued
revitalization of areas throughout the Village to attract new residential,
industrial, limited light industry, and businesses; promote the public
interest in continued development; ensure regular maintenance and
improvements to present structures; safeguard against blight and preserve
property values and community standards; and to establish minimum
maintenance standards to safeguard life, limb, health, safety, property
and public welfare in the best interest of the residents of the Village
of Brockport.
It is found and declared that, by reason of lack of maintenance
and progressive deterioration, 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
conditions 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,
growth of slums and blight may be prevented and the neighborhood 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 fostered.
As used in this article, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the main building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the main building.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for shelter, housing protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of "building" shall be considered part of the main building.
CODE ENFORCEMENT OFFICER
The New York State Uniform Fire Prevention and Building Code
Enforcement Officer employed by the Village for the purpose of enforcing
the terms of this article.
DETERIORATION
The condition or appearance of a building or structure characterized
by holes, rot, crumbling, cracking, peeling, rusting or other evidence
of physical decay or neglect, excessive use or lack of maintenance.
DWELLING, MULTIPLE
A building or portion thereof containing two or more dwellings
units and designed or used for occupancy by two or more families living
independently of each other.
EXPOSED TO PUBLIC VIEW
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
GOOD WORKING REPAIR
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
OWNER
Includes any person having individual or joint title to real
property in any form defined by the laws as an estate or interest
therein, whether legal or equitable, and however acquired.
PERSON
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organization recognized
as an entity by the laws of the State of New York.
PREMISES
A building, dwelling and/or grounds.
PROPERTY
Land and whatever is erected on, growing on, placed on or
affixed thereto.
REFUSE AND JUNK
A.
REFUSEIncludes but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, motor vehicle parts and used tires, all cardboard, plastic material or glass containers, sweepings, pieces of wood, excelsior, rubber and like material.
JUNK
Any manufactured good, appliance, fixture, furniture, machinery,
motor vehicle, recreational vehicle, trailer or similar object which
is abandoned, demolished, discarded, dismantled or so worn, deteriorated
or in such a condition as to be generally unusable in its existing
state.
STRUCTURE
A combination of materials assembled, constructed or erected
at a fixed location, for example, a building, stationary and portable
carports and swimming pools, the use of which requires location on
the ground or attachment to something having location on the ground.
ZONING ENFORCEMENT OFFICER
The officer employed by the Village of Brockport to enforce
the zoning laws of the Village of Brockport.
The exterior of the premises and the condition of structures
shall be maintained so that the premises and buildings shall reflect
a level of maintenance in keeping with the standards of the community
and shall not constitute blight from adjoining property owners or
lead to the progressive deterioration of the neighborhood. Such maintenance
shall include, without limitation, the following:
A. Foundations, porches, decks, steps, stairs and walls shall be in
good condition.
B. Vent attachments shall be safe, durable, smoketight and capable of
withstanding the action of flue gases.
C. Exterior balconies, porches, roof area (other than used for normal
maintenance), landings, stairs and fire escapes shall be provided
with banisters or railings properly designed, installed and maintained
to minimize the hazard of falling and unsightly appearance.
D. All permanent signs and billboards exposed to public view permitted
by reason of other regulations or as a lawful nonconforming use shall
be maintained in good repair. Any signs that have become excessively
weathered, those upon which the paint has excessively peeled or those
whose supports have deteriorated so that they no longer meet the structural
requirements of the State of New York Uniform Fire Prevention and
Building Code shall, with their supports, be removed or put into a
good state of repair. All nonoperative or broken electrical signs
shall be repaired or shall, with their supports, be removed. Signs
denoting a business which is no longer on the premises shall be removed
within 30 days of the date on which the business ceases to occupy
the premises.
E. All exterior walls of a building, accessory building or structure,
whether residential, commercial or industrial, exposed to the public
view shall be kept in a good state of repair. Storefronts or any portion
of a structure shall not show evidence of excessive weathering or
deterioration of any nature. Unoccupied storefronts shall be maintained
in a clean and neat appearance.
F. Any awnings or marquees and accompanying structural members shall
be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or similar material and are
exposed to public view, such material shall not show evidence of excessive
weathering, discoloration, ripping, tearing, holes or other deterioration.
Nothing herein shall be construed to authorize any encroachment on
streets, sidewalks or other parts of the public domain.
G. All vacant buildings shall be continuously guarded or sealed and
kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Code
Enforcement Officer as to design and building material. Owners of
such buildings shall take such steps and perform such acts as may
be required to ensure that the building and its adjoining yards remain
safe and secure and do not present a hazard to adjoining property
or to the public and that such property does not become infested with
vermin or rodents.
H. Exterior walls, including doors and windows and the areas around
doors, windows, chimneys and other parts of the building, shall be
so maintained 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.
I. All exposed exterior surfaces shall be maintained free of broken
or cracked glass, loose shingles or loose or crumbling stones or bricks,
loose shutters, railings, aerials, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance.
Said conditions shall be corrected by repair or removal. All exposed
exterior surfaces of structures not inherently resistant to deterioration
shall be coated, treated or sealed to protect them from deterioration
or weathering. Wood, masonry or other exterior materials that will
naturally resist deterioration do not have to be treated but must
be otherwise maintained in a sound, secure, workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained
in a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs
and fixtures of buildings shall be maintained in a clean, safe, sanitary
condition. Every floor, exterior wall, roof, porch or appurtenance
thereto shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the building or to the public.
J. Roof drains, overflow pipes, air-conditioning drains and any other
device used to channel water off or out of a building shall be maintained
in a safe and operable condition and shall not drain onto a public
sidewalk, walkway, street, alleyway or adjoining property.
K. Lawns shall be kept cut and not to exceed 10 inches in height. Trees,
brush, shrubs and hedges shall be trimmed regularly during the growing
season so as to avoid an unsightly appearance or obstruct sidewalks
and roadways. Piles of materials such as dirt, sand and similar materials
shall be used or removed within 30 days of receiving said materials.
Failure to comply with this subsection, within five days of being
notified, will result in the Village taking any legal action necessary
to correct the violation. This will include the issuing of an appearance
ticket or/and the Village removing the material or cutting the grass
or having the same done by contract with a third party. Any and all
cost associated with correcting the violation shall be assessed upon
the real property on which the brush, grass or weeds are found. The
fees for action taken by the Village shall be established from time
to time by the Village Board of Trustees by resolution.
[Amended 7-6-1999 by L.L. No. 1-1999]
[Amended 11-16-2015 by L.L. No. 1-2015]
Any person, corporation or other entity who violates the provisions
of this chapter shall be guilty of a violation and shall be subject
to imprisonment not to exceed fifteen days or a fine not to exceed
$250 or both such fine and imprisonment. Each day of continued violation
shall constitute a separate offense.