[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn 1-18-2000 by L.L. No. 1-2000 as Ch. 19 of the 2000 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Property Maintenance Law of the Incorporated Village of Roslyn."
In order to prevent blight and the spread thereof, it is hereby declared that all property in the Village, improved or unimproved, including but not limited to residences, office buildings, shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, factories, gasoline service stations, public garages, motor vehicle repair shops or other business uses, whether occupied or vacant, and accessory structures located in the Incorporated Village of Roslyn 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. 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 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, 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 fostered.
This chapter shall apply to all residential and nonresidential premises and properties located in all zoning districts of the Village.
Chapter 265, Housing Standards, of this Code shall supersede any provisions of this chapter which are in conflict herewith. All other provisions of this chapter shall be applicable to all residential and nonresidential premises in the Village.
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of ponding.
No shopping baskets, carts or wagons shall be left unattended or standing, and said baskets, carts or wagons shall be regularly collected and removed to the interior of the building or buildings from which they were taken by the person responsible for said building or buildings.
All fences, walls and other minor construction shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to the replacement and/or repair of fences and walls which may become in disrepair. Forbidden are barbed wire or razor wire or electrified fences.
All landscaping shall be well maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute an insect, vermin or rodent harborage or infestation hazard or blighting factor thereby depreciating adjoining property. Uncut grass, weeds, brush or any portion of said growth shall not obtain a height in excess of six inches.
Steps, walks, driveways, parking spaces and similarly paved areas shall be maintained in good and substantial condition so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled or necessary repairs or replacement carried out. All off-street parking facilities shall be swept at least monthly.
Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent rubbish from being blown about the neighborhood. Open wells, cesspools, cisterns, pits, holes and all other declivities shall be securely closed, covered or barricaded from access to the public.
No person shall deposit, throw or scatter or suffer, permit or allow the accumulation of any filth, dirt, ashes, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles or glass or any other kind of rubbish or waste material, appliances, furniture, tires, machinery and other bulk refuse upon any sidewalk, highway or public place, or upon any vacant or improved lot, piece or parcel of ground abutting upon any sidewalk, highway or public place or private property within the Village except as permitted by Village regulations for trash and garbage removal.
No discarded material of any kind or accumulation of vegetative or construction waste shall be maintained beyond normally scheduled garbage removal.
No container shall be maintained on private property located within any residential district of the Village which accommodates or is designed to accommodate more than one cubic yard of rubbish, refuse or discarded material of any kind, and there shall not be maintained, within any residential district on private property, any bulk storage container for any period of time whatsoever except as otherwise specifically permitted by the Superintendent of Buildings.
No boat or motor vehicle or portion thereof shall be parked or stored out of doors if it is abandoned, wrecked, dismantled, junked or substantially damaged and is not intended to be used or in no condition for legal use upon the public highway.
No major or minor repairs shall be made to a vehicle outside of an enclosed building. Nothing herein shall be construed as permitting the commercial repair of vehicles in residence districts or upon residential premises.
Ground cover shall be properly established to prevent undue soil erosion due to the elements.
Steps and walks shall not be encumbered with ice or snow for more than 10 hours so as to enable postal employees and emergency personnel to walk thereon with safety.
Buildings and structures.
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering. No tarpaulin may be maintained on any structure for more than 10 days without the permission of the Superintendent of Buildings.
Every exterior wall, roof and porch, or appurtenances thereto, shall be maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.
The foundation walls of every building shall be maintained in good repair and be structurally sound.
Exterior walls (including doors and windows), roofs and the areas around doors, windows, chimneys and other parts of a 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 good workmanlike manner within a reasonable amount of time. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material. Such objects or materials shall be removed, repaired or replaced.
Buildings and structures or any cellar thereof shall not be overcrowded or be provided with inadequate means of egress. Such shall be sufficiently ventilated, sewered, drained and cleaned.
Buildings and structures shall be maintained free of insects, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practices and the rules and regulations of any agency having jurisdiction.
Exterior artificial lighting shall be maintained in operating condition.
Safe, continuous and unobstructed exit shall be maintained from the interior of a building or structure to the exterior at a street or to a yard, court or passageway leading to a public open area. Nothing shall be placed, accumulated or stored on residential premises which obstructs egress from stairways, passageways, doors, windows, fire escapes, or other means of exit. In multiple dwellings, exits, including vestibules, stairways, passageways, corridors and hallways, but excluding fire escapes, shall be lighted with natural or electric light at all times, so as to afford safe passage. Stairways shall have handrails on at least one side. Fire escapes shall be maintained fee of encumbrances.
Address numbers shall be affixed on all buildings or in a conspicuous location so as to be visible from the front property line to emergency personnel.
All plumbing fixtures, sanitary facilities, plumbing appliances and plumbing equipment shall be properly maintained in good working condition.
Fuel-burning or heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person.
Multiple dwellings. The owner or lessor of every multiple dwelling shall be required to comply with the requirements of this section in connection with painting or otherwise covering with a suitable substitute the interior surfaces of all walls and ceilings throughout all public and tenant-occupied parts of the multiple dwelling. These requirements are as follows:
Repainting surface coverings.
The painted walls and ceilings in all public and tenant-occupied parts of a multiple dwelling shall be repainted or covered with a substitute by the owner or lessor at the owner's or lessor's expense whenever the Superintendent of Buildings and/or his or her authorized representative determines 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.
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 Superintendent of Buildings and/or his or her authorized representative determines 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.
An owner or lessor need not repaint all or a portion of a tenant-occupied part of a multiple dwelling after the expiration of three years from the time said premises was last repainted if the tenant agrees in writing to waive such repainting because it is not necessary and if, in addition, the Superintendent of Buildings and/or his or her authorized representative inspects the premises and verifies 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.
An owner or lessor may satisfy the requirement of repainting or surface covering with respect to tenant-occupied parts of the multiple 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.
Toilet room floors shall be maintained in a watertight condition.
Kitchens and toilet rooms without windows shall be provided mechanical ventilation.
Kitchens and toilet rooms shall be provided with ventilation and electric light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions and the safe use of the space and the appliances, equipment and fixtures.
Electrical fixtures, devices, wiring and systems shall be maintained in safe working condition in a manner which will avoid a potential source of ignition or shock. Deteriorated material and equipment shall be removed and replaced as may be required.
Electric panel boards shall be kept free from encumbrances and shall be accessible at all times.
Exits and directional signs shall be kept illuminated at all times.
Sewage, groundwater and stormwater drainage systems shall be maintained so as to function properly and be kept free from obstructions, leaks and defects.
Elevators, dumbwaiters and escalators shall be maintained to safely sustain the loads to which they are subject, to operate properly and to be free of physical and fire hazards. Hoistways and pits shall be maintained free of rubbish or other debris. Machine rooms shall be maintained free of oil and grease, including oily and greasy clothes, rags and other such materials, and shall not be used for the storage of articles or materials unnecessary for the maintenance of an elevator or dumbwaiter or other similar device.
Safety devices and electrical protective devices shall be operative at all times, except during tests, inspections or repairs.
Fire-protection equipment, including fire alarm, fire detecting, watchman, sprinkler standpipe systems and portable fire extinguishers, shall be maintained in proper operating condition at all times and shall be inspected annually.
Fuel tanks shall be maintained so as not to be a hazard to the premises served.
Central air-conditioning and ventilating systems shall be property maintained so that the rapid spread of heat, flame or smoke through the system will be prevented.
Railings or parapet walls shall be provided on open sides of balconies, mezzanines, porches, accessible roofs, exits, passageways, areaways, motor vehicle parking decks and ramps and around floor openings.
Ceilings, walls, floors and stairways shall be maintained in a safe and sound condition.
All bulk containers and dumpsters shall be enclosed with fencing and shrubs and other screening as approved by the Superintendent of Buildings.
Air-conditioning units which are located over any public or private sidewalk, entranceway or public openings shall have the condensation piped away so as not to be a nuisance.
All signs, awnings, canopies and lighting systems shall be maintained in a completely operable, clean, sightly, nondeteriorated and safe condition.
The area of a wall formerly covered by a removed sign and thereafter left exposed, even if a new sign is installed, shall be cleaned and maintained so that the exterior of the building or structure shall have a uniform color and texture.
It shall be the responsibility of every owner and/or occupant of any building and/or structure which has been defaced by graffiti to remove or cover the graffiti and to restore the surface area of the building and/or structure within three calendar days of the defacement. The responsibility to remove or cover graffiti and to restore the surface area of a building and/or structure shall lie notwithstanding that the owner and/or occupant may not have created the graffiti.
For purposes of this section, "graffiti" is defined as any writing, painting, drawing, staining, carving, etching or other marking made by use of chalk, paint, ink, aerosol spray can, knife, pencil or any other marking device and/or material of any word, name, lettering, inscription, figure, design, or other representation made upon a portion of a building and/or structure without the consent of the owner. Signs erected, created and constructed in accordance with the provisions of this Code are not included in the above definition.
Every owner, lessee, tenant, occupant or other person having possession or charge of any building, lot, plot or premises in the Village shall keep and maintain the same free from deposits of garbage, refuse and trash and shall keep the sewerage and drainage installed therein or connected therewith in such manner that the same shall not constitute or contribute to the creation of a nuisance.
All conditions as set forth in § 353-5 of this chapter are hereby declared to be nuisances in that they disturb or negatively impact the health, safety and welfare of the residents or property owners or persons visiting the Village, and the maintenance of such nuisances is hereby prohibited within the Incorporated Village of Roslyn.
[Amended 9-21-2010 by L.L. No. 1-2010; 12-17-2013 by L.L. No. 4-2013]
If the provisions of the foregoing sections are not complied with, the Clerk/Treasurer of the Village shall serve or cause to be served a written notice upon the owner, tenant, lessee, occupant or other person having possession or charge of any such building, lot, land or premises requiring such person(s) to comply with the provisions of this article. If such person(s) is a nonresident of the Village, the Clerk/Treasurer of the Village shall mail or cause to be mailed such written notice to the last known address of such person as the same may appear upon the most recent Village assessment roll.
If the person upon whom the notice is served fails, neglects or refuses to comply with the provisions of this chapter within 10 days after such service or mailing of such notice, the Superintendent of Buildings or other duly appointed officer or employee of the Village may cause the work to be performed or services rendered, as the facts may warrant, under the standards hereinbefore provided in this chapter and shall, with the assistance of the Village Attorney, cause the complete costs of such work or services, together with legal fees and a service charge of 50% thereof to cover costs of supervision and administration, to be charged against the land at issue as a municipal lien or cause such costs to be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the violation existed or to be recovered in a suit at law against the owner, provided that, in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this Village, the Board of Trustees, upon recommendation of the enforcement officer, shall notify the Village Attorney to take legal action to force the owner, tenant, lessee, occupant or other person having possession or charge to make all necessary repairs or to demolish the building.
The violation of any provision of this chapter shall be punishable as set forth in § 1-8 of this Code.