[HISTORY: Adopted by the Board of Trustees of the Village
of Ravena 5-2-1995 as L.L. No. 1-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 51.
This chapter shall be known as the "Property Maintenance Law
of the Village of Ravena" and may be referred to in the short form
as "PML."
It is hereby found and declared that there exist in the Village
structures, commercial buildings, businesses, yards and vacant lots
which are or may become in the future substandard with respect to
structural integrity, equipment or maintenance, and further that such
conditions, including but not limited to structural deterioration,
lack of maintenance of exterior premises and vacant lots, and, to
protect property values, pest infestation, lack of maintenance or
upkeep of essential facilities and utilities, existence of fire hazards
and unsanitary conditions, constitute a threat to the health, safety,
welfare and reasonable comfort of the citizens and inhabitants of
the Village. It is further found and declared that, by reason of lack
of maintenance and ensuing progressive deterioration, certain properties
have the further effect of creating blighting conditions and that,
by reason of timely regulations and restrictions, as herein contained,
the growth of this blight may be prevented and the neighborhood and
property values thereby maintained, the desirability and amenities
of dwellings and neighborhoods enhanced and the public health, safety
and welfare protected and fostered as well as community aesthetics.
The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance and conditions of the exterior of residential and nonresidential
premises; to avoid, prevent and eliminate the maintenance of or creating
of hazards to the public health or safety; to avoid, prevent and eliminate
conditions which, if permitted to exist or continue, will depreciate
or tend to depreciate the value of adjacent or surrounding properties;
to prevent the creation, continuation, extension or aggravation of
blight; to fix certain responsibilities and duties upon owners, operators
and occupants of property; and to provide for administration and enforcement
of these provisions.
Every residential and nonresidential structure and the premises
on which they are situated in the Village, used or intended to be
used for residential, commercial, business or industrial occupancy,
shall comply with the provisions of this chapter, whether or not such
structure shall have been constructed, altered or repaired before
or after the enactment of this chapter and irrespective of any permits
or licenses which shall have been issued for the use or occupancy
of the structure or for the installation or repair of equipment or
facilities prior to the effective date of this chapter.
In any case where the provisions of this chapter impose a stricter
standard than that set forth in any law of the Village or under the
laws of the State of New York, then the standards as set forth herein
shall prevail; but if the provisions of this chapter impose a less
stringent standard than any law of the Village or of the laws of the
State of New York, then the stricter standard contained in any such
other ordinance or law shall prevail.
Nothing in this chapter shall be deemed to abolish or impair
existing legal remedy of the municipality or its officers or agencies
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, be defined as follows:
A building or combination of buildings and structures and
the lot on which it is located, used wholly or in part for commercial
purposes, including, but not limited to, offices, places of public
assembly, shopping centers, supermarkets, retail stores, warehouses,
manufacturing or fabrication plants, gasoline stations and other business
uses.
A building or combination of buildings and the lot on which
it is located, used wholly or in part for retail or wholesale distribution
of products or services.
The condition of a structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent properties,
including all outside surfaces and appurtenances hereto, and the open
space on the premises outside of any building or structure erected
thereon.
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 poison spraying,
fumigating, trapping or by any other approved pest elimination methods.
Any thing or act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
A putrescible or decayed waste, except sewage and body waste,
including vegetable and animal offal and carcasses of dead animals,
including all substances accumulated on or removed from public and
private establishments and properties, including residences.
A building or combination of buildings and structures and
the lot on which it is located, used wholly or in part for manufacturing,
fabricating or processing of goods ready for distribution.
Garbage and rubbish as herein defined and all other waste
material which if thrown or deposited tends to create a danger to
public health, safety and welfare or spoils the natural beauty of
a lot.
A plot, tract, premises or parcel of land with or without
buildings or structures located thereon.
Any public or private condition that would constitute a "nuisance"
according to the statutes, laws and regulations of the State of New
York, any of its agencies or this chapter; any physical condition
existing in or on the exterior of any premises which is potentially
dangerous, detrimental or hazardous to the health or safety of persons
on, near or passing in proximity of the premises where said condition
exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of, residing, living, sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this chapter.
Any person, persons or entity, not the owner, who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building, structure
or part thereof, as owner or agent of the owner, or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this section and
shall have responsibility over that portion of the sublet, leased
or assigned.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
A one-, two- or multiple-family building or structure and
the lot on which it is located, whose purpose is principally to house
or occupy families or individuals.
Generally dry material produced routinely by household, commercial
or industrial establishments such as paper, cans, bottles, containers,
ashes, parts of equipment, motor vehicles, unusable furniture and
other such similar items, including bushes, branches, Christmas trees,
lawn rakings and similar waste materials and discarded household appliances
or equipment and materials from building demolition and construction
waste.
An open space on any lot whether occupied or not.
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this chapter, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder nor may any such person or entity assert as a defense against
any charge made under this chapter that another owner, operator or
occupant or any other third person or entity is also responsible therefor
and in violation thereof.
A.
Exterior of premises. The exterior of all premises shall be kept
free from hazards, which include but are not limited to the following:
(1)
Garbage, solid waste, hazardous waste and trash as defined in Chapter 119, Zoning, of the Code of the Village of Ravena. Garbage or garbage containers will be permitted adjacent to the roadway on the day before and on the night hours of pickup only. Only garbage and solid waste resulting from the actual use of the premises may be permitted on the premises. This section shall be enforced by police officers as well as the officers defined in Chapter 119, Zoning, of the Code of the Village of Ravena.
(2)
Unsafe structures. Structurally unsafe or unsound buildings, structures
or fences or abandoned, uncovered or structurally unsound wells, shafts,
towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(3)
Discarded appliances. Abandoned refrigerators, boilers, hot-water
heaters, television sets and other similar appliances.
(4)
Overhangings. Loose and overhanging objects, whether natural or manmade,
and accumulations of ice and snow which by reason of location above
ground level constitute a threat to the health and safety of people
if caused to fall or due to lack of maintenance.
(5)
Infestations. Rodents, vermin, pest infestations and conditions causing
the same.
B.
No owner or occupant of a lot shall allow garbage, litter or rubbish
to accumulate upon such lot for a period in excess of one week. Garbage,
litter or rubbish which is stored in appropriate receptacles shall
be permitted, provided that the owner or occupant of the lot has made
arrangements for regular removal of all garbage, rubbish and litter
contained in those receptacles on at least a biweekly basis.
C.
Any lumber, building materials, equipment or parts of equipment being
stored by an owner and occupant of a lot shall be stored in a neat
and orderly fashion.
D.
No owner or occupant of a lot shall allow lawns to grow to a height
in excess of nine inches. It is the responsibility of every owner
or occupant to provide for mowing of lawns. This requirement is imposed
in order to eliminate or reduce insects, vermin and other infestations
in the Village.
[Amended 6-10-2003 by L.L. No. 2-2003]
In any case where a provision of this chapter is found to be
in conflict with or inconsistent with a provision of any other ordinance
which establishes a lower standard for the promotion and protection
of the safety, health and welfare of its inhabitants, the provisions
of this chapter shall prevail, and such other laws or parts thereof
are hereby declared to be repealed to the extent that they may be
so found to be in conflict with this chapter.
In the event that the owner or occupant of the lot does not
comply with the violation notice within the time set by the Code Enforcement
Officer, the Code Enforcement Officer shall report the same to the
Village Board. The Village Board shall, except in the event of an
emergency, thereupon direct a notice to be served upon the occupant/owner
stating that if the condition is not remedied within an additional
reasonable period of time, not less than 10 days nor more than 30
days as established by the Village Board, the Village Board shall
seek further enforcement under this chapter, which enforcement may
include the following:
A.
Said removal may be performed by the Department of Public Works or
other designee, including a private contractor. The Village Board
will charge back all costs to the owner or occupant, and if the same
is not paid by the owner or occupant, the same may be added to the
tax bill for the property as a special assessment.
