[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.
A.
Open areas.
(1)
Surface and subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of ponding.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
No discarded material of any kind or accumulation of vegetative or
construction waste shall be maintained beyond normally scheduled garbage
removal.
(9)
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.[1]
(10)
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.[2]
(11)
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.
(12)
Ground cover shall be properly established to prevent undue
soil erosion due to the elements.
(13)
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.
B.
Buildings and structures.
(1)
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.
(2)
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.
(3)
The foundation walls of every building shall be maintained in good
repair and be structurally sound.
(4)
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.
(5)
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.
(6)
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.
(7)
Exterior artificial lighting shall be maintained in operating condition.
(8)
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.
(9)
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.
(10)
All plumbing fixtures, sanitary facilities, plumbing appliances
and plumbing equipment shall be properly maintained in good working
condition.
(11)
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.
A.
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:[1]
(1)
Repainting surface coverings.
(a)
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.
(b)
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.
(2)
Private agreements.
(a)
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.
(b)
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.
B.
Nonresidential buildings.
(1)
Toilet room floors shall be maintained in a watertight condition.
(2)
Kitchens and toilet rooms without windows shall be provided mechanical
ventilation.
(3)
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.
(4)
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.
(5)
Electric panel boards shall be kept free from encumbrances and shall
be accessible at all times.
(6)
Exits and directional signs shall be kept illuminated at all times.
(7)
Sewage, groundwater and stormwater drainage systems shall be maintained
so as to function properly and be kept free from obstructions, leaks
and defects.
(8)
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.
(9)
Safety devices and electrical protective devices shall be operative
at all times, except during tests, inspections or repairs.
(10)
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.
(11)
Fuel tanks shall be maintained so as not to be a hazard to the
premises served.
(12)
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.
(13)
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.
(14)
Ceilings, walls, floors and stairways shall be maintained in
a safe and sound condition.
(15)
All bulk containers and dumpsters shall be enclosed with fencing
and shrubs and other screening as approved by the Superintendent of
Buildings.
(16)
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.
(17)
All signs, awnings, canopies and lighting systems shall be maintained
in a completely operable, clean, sightly, nondeteriorated and safe
condition.
(18)
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.
A.
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.
B.
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]
A.
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.
B.
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.
