[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 12-20-2005 by L.L. No. 12-2005 (Ch. 124 of the 2005 Code). Amendments noted where applicable.]
A.
The purpose of this chapter is to provide a minimum
standard for the maintenance of the exterior grounds and visible facades
of all properties within the Village. This chapter is intended to
help provide a stable and inviting neighborhood and to promote public
health and safety by prohibiting certain deficiencies in exterior
property maintenance which create or contribute to unhealthy or hazardous
conditions. This chapter is also intended to ensure that property
owners or their delegated agents perform such repair and maintenance
of properties as will prevent deficiencies that could become an attractive
nuisance with regard to children, trespassers or household pets or
that may attract insect or animal pests.
B.
The adoption and enforcement of this chapter is intended
to serve as a deterrence to substandard exterior property maintenance
and as a tool for protecting property investment, the tax base and
the health, safety and welfare of all Village residents.
For the purpose of this chapter, the following
definitions shall apply:
Something that impairs or destroys; an impaired condition;
to cause to deteriorate, ruin.
A structure wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals and/or property.
The officer appointed by the Board of Trustees who is charged
with the enforcement of this chapter, or any duly authorized representative.
Yard trimmings, vegetable wastes and other organic matter
managed for the purpose of natural transformation into compost and
stored in a container or compact pile that:
Discarded building material, concrete, stones, earth from
excavations or grading, and all other refuse resulting from the erection,
repair, demolition or other improvement of property.
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 or alleyway or from any adjoining or neighboring
premises.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating or trapping; or by any other recognized and legal
pest elimination methods.
Food wastes, food wrappers, containers, nonrecyclables or
other materials resulting from the use, consumption and preparation
of food or drink, as well as other expended, used or discarded materials,
such as paper, plastic, metal, rags or glass, etc., or any other wastes
generated from day-to-day activities of a household or public or quasi-public
facility. The term "garbage" does not include properly prepared and
stored recyclable materials or properly maintained compost areas.
Fully operable for the use intended.
A standard of maintenance that renders a building safe and
habitable and does not create a nuisance.
Any area of a building or lot, excluding porch areas, not
enclosed within the walls of a building. These terms include any public
rights-of-way which pass through or are adjacent to a property, including
the sidewalk and any area between the sidewalk, if there is one, and
the street pavement.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
Waste iron, or other metal or substance, glass, paper, discarded
lumber, rags, machine parts, accessories, machinery, machines, used
parts of motor vehicles and any material commonly known and generally
referred to as "junk" in the ordinary and accepted meaning of the
word.
The person in possession or control of premises or using
the premises.
The record owner of the premises, as reflected in the Village
tax records, the owner in fee or the owner of a lesser estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a building.
Includes any open and/or partially enclosed porches or decks,
as well as any entranceways or exitways which are in the public view.
A lot, plot or parcel of land, including the building or
structure thereon.
The capacity in which a person or persons may engage in an
activity without interference from others.
Includes the following:
Any physical condition or occupancy of any premises
or its appurtenances that constitutes an attractive nuisance to children,
including but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences and structures.
Any premises that has unsanitary sewerage or
plumbing facilities.
Any premises designated as unsafe for human
habitation.
Any premises that is manifestly capable of being
a fire hazard or is manifestly unsafe or unsecured so as to endanger
life or property.
Any structure in which the plumbing, heating
or other facilities required by applicable codes have been removed
or rendered ineffective or inoperable, or in which precautions against
trespassing, where required, have not been provided, maintained or
installed.
Any premises that is unsanitary, or that is
littered with rubbish or garbage, or that has an uncontrolled growth
of weeds, or that has nongrassed and/or landscaped area.
Any structure that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent so as not to provide shelter;
in danger of collapse or failure; and dangerous to anyone on or near
the premises.
Areas of property that are visible by pedestrian or vehicular
traffic in the public right-of-way or visible from the exterior ground
level of adjoining properties.
Useless waste or rejected matter; noncombustible waste material.
The term shall include the residue from the burning of wood, coal
and coke and also tin cans, metals, mineral matter, glass, crockery
and minerals.
Includes materials or substances that are discarded or rejected
as being spent, worthless, useless or in excess to the owners at the
time of such discard or rejection, including but not limited to materials
or substances such as garbage, refuse, industrial and commercial wastes,
sludge from air or water treatment facilities, rubbish, tires, ashes,
incinerator residue, construction and demolition debris, discarded
motor vehicles, discarded household and commercial appliances and
discarded furniture. An object shall be presumed to be discarded or
rejected solid waste when the object is stored, placed or left on
the grounds or exterior of the property in the view of neighbors or
passersby under circumstances which meet any of the following criteria:
The object produces an offensive smell.
The object is of a type designed for interior
use or made of materials which are suitable only for interior use
and the object is left outside and exposed to precipitation.
The object has reached a degree of dilapidation
or disrepair that can reasonably be presumed to render the material
unsuitable for or incapable of being used for its original intended
purpose or some other reasonable purpose.
The object is left, placed or stored in a manner
which appears likely to cause injuries.
An arrangement of materials which are joined together to
form a constructed erection for occupancy or use.[1]
It shall be the duty and responsibility of the
owner, lessee, tenant, occupant or other person having possession
or charge of any building, lot or property in the Incorporated Village
of Plandome Manor to ensure that:
A.
All grounds and exterior property are kept clean and
free of solid waste.
B.
All garbage, when stored outside, is completely contained
in nonabsorbent, watertight, durable containers having a tight-fitting
lid in place. Plastic bags are not considered durable containers.
Strong waterproof plastic bags may be used to place garbage for collection
or may be taken to an approved refuse disposal site. Composting materials,
so long as they are maintained as defined by this chapter, shall not
be considered garbage.
C.
Solid waste, other than garbage stored in proper containers
described above, is not stored in the public view, except that construction
and demolition debris related to an ongoing construction project with
a valid building permit may be stored in public view in an approved
container or dumpster for not more than 30 days. Residents may place
reusable materials on the lawn for purposes of informal scavenging,
not to be observable for more than two successive days.[1]
D.
No unregistered motor vehicle may be stored in the public view in a side or a rear yard or in an approved driveway. However, this subsection shall not apply to a motor vehicle which constitutes "solid waste" as defined in § 161-2 above.
E.
Grass, weeds or other vegetation on grounds and exterior
property are maintained in keeping with standards of the community.
F.
The area along public right-of-way adjacent to or on the property, including but not limited to the area between the front property line or sidewalk and the curb or street pavement, is maintained in a reasonably clean and sanitary condition free of garbage and/or solid waste, with any grass, weeds and brush in said area cut or trimmed in compliance with Subsection E above. Premises shall be kept in such a condition as to provide a clear and unobstructed view of the roadway.
G.
Trees, shrubs or other vegetation on private property
is pruned such that it will not obstruct or be a danger to the passage
of pedestrians on sidewalks. The maintenance of Village trees, including
trees between the sidewalk and curb, must be left to the Village.
H.
Fences and walls are maintained in a safe and structurally
sound condition.
I.
Steps, walks, driveways, private roads, parking spaces
and other similar paved areas are kept in a proper state of repair
and maintained free from hazardous conditions.
J.
Sidewalks are kept substantially clear of snow, ice
and other obstructions, including but not limited to free flowing
water from drains, ditches and/or downspouts located on the property,
except during flooding, pursuant to provisions regulating the use
of streets and sidewalks elsewhere in the Village Code.[2]
A.
Vacant structures and land. All vacant structures
and premises thereof or vacant land shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not to
cause blighting conditions or adversely affect the public health,
safety or general welfare.
B.
Condition of land. All land must be kept free of dead
or dying trees and accumulations of brush, shrubs, weeds, grass, stumps,
roots, excessive and/or noxious growths, garbage, refuse or debris
which would either tend to start a fire or increase the intensity
of a fire already started or cause poisoning or irritation to people
or animals or cause or tend to cause or enhance an unhealthy or dangerous
or obnoxious condition on said property or on any adjacent neighboring
property.
C.
Sanitation. All exterior property and premises shall
be maintained in a clean, safe and sanitary condition. The occupant
shall keep that part of the exterior property which said occupant
controls or occupies in a clean and sanitary condition.
D.
Grading and drainage. All premises shall be graded
and maintained to prevent the accumulation of stagnant water thereon
or within any structure located thereon.
E.
Weeds and grass. No real property located within the
limits of the Incorporated Village of Plandome Manor, whether improved
or unimproved, occupied or unoccupied, shall be permitted by the owner
or owners thereof to have or support grass, growth (except plantings,
shrubs, trees or bushes) or weeds of a height taller than six inches,
nor shall any barren (nonlandscaped and/or grassed) areas be permitted.
F.
Exhaust vents. Pipes, ducts, conductors, fans or blowers
shall not create a public nuisance by the discharge of gases, steam,
vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes directly upon abutting or adjacent public or private properties.
G.
Accessory structures. All accessory structures, including
detached garages, fences and walls, shall be maintained structurally
safe and in good repair.
A.
General. The exterior of the premises and the condition
of structures shall be maintained so that the premises and all buildings
shall reflect a level of maintenance in keeping with the standards
of the community and shall not constitute blight or lead to the progressive
deterioration of the neighborhood.
B.
Water drainage. Roof drains, overflow pipes, air-conditioning
drains and any other water runoff shall be maintained in a safe and
operable condition and shall not drain onto a public sidewalk, walkway,
street, alleyway or adjoining property or a public sanitary sewer
system.
C.
Street numbers. Each structure to which a street number
has been assigned shall have such number displayed in a position observed
and readable from the public right-of-way.
D.
Accumulation of materials. All exterior property and
premises shall be kept free from any accumulation of rubbish, garbage,
refuse, trash and junk.
E.
Fences. Fences and other minor constructions shall
be maintained in a safe and substantial condition.
F.
Storage of materials. No materials, goods or supplies
may be stored in any front or side yard exposed to public view, except
with a valid building permit. Materials may be stored in rear yards,
provided that the method and manner of storage complies with the provisions
of this Code.
All dangerous buildings within the terms of
this chapter are hereby declared to be public nuisances and shall
be repaired, vacated or demolished as hereinbefore and hereinafter
provided.
A.
Prohibition. No owner or occupant of any lot, plot
or parcel of land in the Incorporated Village of Plandome Manor shall
cause or permit any public nuisance or dangerous condition to be or
to remain upon such lot, plot or parcel of land or between the same
and the adjoining street.
B.
Enforcement.
(1)
Notice of violation. Whenever such public nuisance
shall exist and a complaint thereof shall be made to the Mayor of
the Village, he shall forthwith cause a notice to be served upon the
owner or the occupant of the premises on which such nuisance exists,
requiring him or them to abate the same within 24 hours after receipt
of such notice, unless another reasonable time is given by the Building
Inspector to abate.
(2)
Abatement by Village; collection of costs. In the
case of failure of the owner or occupant of such premises to comply
with such notice or requirement within the time therein mentioned
or in the event of an emergency posing an immediate threat to the
health, safety or general welfare of the Village, said nuisance may
be abated by the Incorporated Village of Plandome Manor at the expense
and charge of such owner or occupant, such expense to be certified
by the Mayor and to be collected by suit in the name of the Village
if not paid to the Village Treasurer or Village Clerk within five
days after demand.
All lands within the Village shall be maintained
in accordance with generally acceptable standards within the Village,
and if, upon inspection by the Code Enforcement Officer, they are
found to be improperly maintained premises as defined in this chapter,
then the Code Enforcement Officer shall proceed to enforce the provisions
of this chapter regarding maintenance.
Whenever an owner of property within the Incorporated
Village of Plandome Manor is required under the provisions of this
chapter to demolish, repair or improve such premises or to properly
maintain them, and such owner shall fail to demolish or make such
repairs or improvement or perform the work required or maintain the
premises, and the Incorporated Village of Plandome Manor shall cause
such work or act to be performed on such property, or a contract has
been awarded therefor by the Board, the cost of such work may be assessed,
levied and collected as provided herein.
A.
Upon receiving the name or names of such defaulting
persons, the Village Clerk shall thereafter cause a written notice
to be served, either personally or by ordinary mail, upon the owner
of the property involved, at his last known address, stating that
at a time and place therein specified the Village Clerk will assess
such costs and/or delinquencies or default amounts against the property.
Such notice shall be served at least 10 days prior to the time specified
therein.
B.
At the time and place so specified, the Village Clerk
shall hear the parties interested and shall thereupon complete the
assessment, stating therein the name of the owner and the amount so
assessed, and shall return the assessment and the report thereon to
the Village Board.
C.
Such Village Board shall certify such assessment and
shall cause the amount therein stated to be levied against such property,
and any uncollected assessments shall be a lien upon the land affected.
D.
Such amount shall be levied and collected at the same
time and in the same manner as other Village taxes and shall be paid
to the Incorporated Village of Plandome Manor and be applied to reimbursing
the fund or funds from which such cost was originally defrayed.
E.
If such notice is served against a corporation, it
may be served upon the corporation at its principal place of business,
place of business of an agent of a corporation within the Village
or upon the Secretary of State. Notice served upon the Secretary of
State shall be served at lease 14 days previous to the time specified
therein.[1]
Any person who willfully violates any provision of this chapter or any final determination or order of the Incorporated Village of Plandome Manor Code Enforcement Officer or Board of Trustees made in accordance with this chapter shall, in addition, be guilty of a violation, punishable as provided in Chapter 1, General Provisions, Article I, Penalties and Assessments.
