[HISTORY: Adopted by the Board of Trustees
of the Village of Highland Falls as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-10-1971 by L.L. No. 5-1971 as
Ch. 112 of the 1971 Code]
No person shall permit rubbish, noxious weeds,
long grass or other rank growths or growths which are harmful, poisonous
or detrimental to health on real property owned by him or sidewalks
adjacent thereto. Upon due notice by the Village given to such owner
to cut, trim or remove such rubbish, noxious weeds, long grass or
rank growths, and upon default thereafter being made by such owner,
the Board of Trustees may cause said rubbish, noxious weeds, long
grass or rank growth to be cut, trimmed and removed or otherwise eliminated
and assess the expense upon the property whereon the same is found.
Such charge, if unpaid, shall become a lien upon the property, subject
to collection as a tax thereon, after due notice to the owner and
a hearing as to the justness of the costs.
A person upon whom notice has been served to
cut, trim or remove rubbish, noxious weeds, long grass and other rank
growths and who for five days after service shall neglect or fail
to comply with the provisions of any such notice shall be deemed to
have violated this article. If the owner of such property affected
by this article is a nonresident, the notice to cut, trim or remove
may be mailed to such owner, addressed to his last known address,
which shall be deemed sufficient service of said notice.
[Adopted 8-10-1971 by L.L. No. 5-1971 as
Ch. 86 of the 1971 Code]
In order to prevent blight and the spread thereof,
it is hereby declared that all structures, including but not limited
to one- and two-family and multiple-family dwellings, whether or not
used for residential purposes, garden apartments, all other apartment
complexes, all 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, and accessory structures to all of the foregoing,
whether occupied or vacant, shall be maintained in conformity with
the standards set out in this article so as to assure that none of
these structures or properties will adversely affect their neighborhood
or the larger community. 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.
As used in this article, the following terms
shall have the meanings indicated:
A building, structure, dwelling unit or lot that is vacant
for a period in excess of 30 consecutive days.
[Added 11-19-2012 by L.L. No. 5-2012]
New or used materials for the construction, renovation or
alteration of buildings or structures, including but not limited to
foundation and masonry materials, lumber, roofing materials, plumbing
and electrical materials, doors, windows, screens, tanks, fences,
rails and balustrades, etc.
[Added 12-3-2018 by L.L.
No. 4-2018]
An enclosed area or otherwise covered container for the temporary
collection, compacting and storage of a nuisance, hazard, debris,
construction materials and litter as defined herein.
[Added 12-3-2018 by L.L.
No. 4-2018]
A building, structure, dwelling unit or lot that is vacant
for a period in excess of 30 consecutive days as a result of a foreclosure
action.
[Added 11-19-2012 by L.L. No. 5-2012]
Any record owner, mortgagee, vendee in possession, assignee
of rents, receiver, executor, trustee, administrator, lessee, agent
or other person having control, directly or indirectly, of property
or a building, structure or area.
[Added 11-19-2012 by L.L. No. 5-2012]
A natural person, corporation, partnership, limited liability
company, unincorporated association, or any other business organization
of two or more persons.
[Amended 11-19-2012 by L.L. No. 5-2012]
Land, buildings and other permanent attachments to the land.
[Added 11-19-2012 by L.L. No. 5-2012]
Any person who is authorized by the owner to repair, maintain,
oversee, sell, or lease property or otherwise act on behalf of the
owner of property.
[Added 11-19-2012 by L.L. No. 5-2012]
Any person violating any provision of this chapter three
times in any rolling twelve-month period.
[Added 12-3-2018 by L.L.
No. 4-2018]
Any person who uses or occupies property, other than the
owner, and who occupies the same pursuant to a written or oral lease
agreement, or otherwise with the consent and permission of the owner
thereof.
[Added 11-19-2012 by L.L. No. 5-2012]
The space within a building used by a business or commercial
establishment where the business has ceased or suspended operations.
Such building or store space shall be deemed vacant even if fixtures,
furniture, equipment or other property remains in the space.
[Added 9-6-2000 by L.L. No. 3-2000;
amended 11-19-2012 by L.L. No. 5-2012]
A building containing one or more dwelling units in which
no occupant(s) have resided for 30 or more consecutive days. Vacancy
of some of the dwelling units within a two-family or multiple-dwelling
building shall not be considered to be a vacant residential building.
[Added 11-19-2012 by L.L. No. 5-2012]
A.
Open areas.
(1)
Surface and subsurface water shall be appropriately
drained to prevent the development of stagnant ponds.
(2)
No shopping baskets, carts or wagons shall be left
unattended or standing, and such baskets, carts or wagons shall be
collected as often as necessary 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 shall be maintained by the person responsible
for the property. Such maintenance shall include, but not be limited
to, painting, as needed, and the replacement or repair of fences which
may become in disrepair.
(4)
All landscaping shall be maintained so that lawns,
hedges, bushes and trees shall be kept neat and free from becoming
overgrown and unsightly where exposed to public view and where the
same may constitute a blighting factor having a tendency to depreciate
adjoining property. Such maintenance should include, but not be limited
to, the replacement of trees and shrubs which may die and/or otherwise
be destroyed.
(5)
The planting strip fronting the property shall be
maintained in a safe condition, neat, mowed, as necessary, and free
of litter, poison ivy, ragweed and any other noxious plant.
(6)
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes or other hazards that
may exist shall be filled and necessary repairs or replacement accomplished.
All off-street parking facilities shall be swept as often as necessary
in the determination of the enforcing officer.
(7)
Yards, courts and vacant lots shall be kept clean
and free of physical hazards, rodent harborage and infestation and
shall be maintained in a manner that will prevent rubbish from being
blown about them.
(8)
All signs exposed to public view shall be maintained
in good repair. Excessively weathered or faded signs shall be removed
or put into good repair. Any nonoperative or broken electrical or
other sign shall be repaired or removed.
(9)
All unused tires shall be removed from all yards and
lots and shall be properly disposed.
[Added 9-6-2000 by L.L. No. 3-2000]
(10)
All construction materials, dumpsters, containers and similar
materials located on private property shall be located within the
rear yard to the extent possible and shall be removed promptly upon
completion of said construction work and in no event shall remain
on the property greater than six months without a building permit
issued by the Building Inspector.
[Added 12-3-2018 by L.L.
No. 4-2018]
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.
(2)
Floors, walls, ceilings, stairs, furnishings and fixtures
of buildings shall be maintained in a clean, safe and sanitary condition.
Every floor, exterior wall, roof and porch, or appurtenance thereto,
shall be maintained in a manner so as to prevent 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 and to prevent undue heat loss from occupied areas. Materials
which have been damaged or show evidences of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner.
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)
Any building or structure, including, but not limited to, residential
dwellings, commercial tenant space and stores, that is vacant for
more than 30 consecutive days or is deemed by the Building Inspector
or Code Enforcement Officer to be dangerous or likely to attract trespassers
or squatters shall be boarded up, at least to the second floor level,
and the responsible person for such structure shall conform to this
article such structure and all of its adjoining yards, courts or open
spaces.
[Amended 11-19-2012 by L.L. No. 5-2012]
(6)
Buildings and structures shall be maintained free
of insect, vermin and rodent harborage and infestation.
C.
Vacant commercial space or store.
[Added 9-6-2000 by L.L. No. 3-2000;
amended 11-19-2012 by L.L. No. 5-2012]
(1)
Whenever a building or store is vacant for a period in excess of
30 days, which period of days need not be successive, the property
owner, lessee, occupant and other responsible persons shall place
a covering in the storefront to block public view of the interior
of the premises. The covering shall be flame retardant or meet with
the Building Inspector's/Code Enforcement Officer's approval
regarding firesafety. The covering shall not consist of any substance
sprayed onto storefront windows, but shall consist of plain, earth-tone,
venetian or similar blinds, drapes, curtains or shades.
(2)
All show windows and glazed doors shall be periodically
washed and maintained in a clean and sanitary condition.
(3)
All cracked or broken show windows and glazed doors
shall be repaired or replaced as necessary.
(4)
All debris shall be removed from a vacant building
or store. Such premises shall be maintained broom clean at all times.
(5)
All storefronts shall be kept in good repair, painted
where required and shall not be permitted to become a safety hazard
or nuisance. In the event that repairs to a storefront become necessary,
such repairs shall be made so as to repair permanently the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted and otherwise in good condition and in good repair.
(6)
If windows are removed, they shall be replaced with
a permanent building material which is in harmony with the rest of
the building. Plywood may be used only in an emergency and for a period
not to exceed 60 days.
(7)
The owner of a vacant building shall take such steps
and perform such acts as may be required of him from time to time
to ensure that the building and any adjoining yard remain safe and
secure and do not present a hazard to the adjoining property or to
the public. Owners shall be responsible for maintaining the building
and any accessory structures such that they do not become an unoccupied
hazard. The building and each floor area shall maintain at least one
means of access which complies with the New York State Fire Prevention
and Building Code.
(8)
The interior of a vacant building and each vacant
floor area thereof shall be lighted by no less than a twenty-five-watt
light fixture.
(9)
The Building Inspector shall be authorized to conduct
an inspection every six months of any vacant building and vacant store.
D.
Vehicle
parking.
[Added 2-17-2009 by L.L. No. 2-2009]
(1)
The
parking of motor vehicles is permitted only on an artificial material
surface, such as asphalt, concrete or stone or gravel installed in
accordance with municipal specifications or, in the absence of municipal
specifications, in accordance with industry standards. No construction
or installation of such material is permitted unless:
(a)
The material is added only on top of an existing driveway; or
(b)
The material is constructed or installed in accordance with a permit
issued by the Building Inspector or Code Enforcement Officer; or
(c)
The material is constructed or installed in accordance with a site
plan approved by the Planning Board.
(2)
No
vehicular ingress to property or vehicular access to an off-street
parking space or parking area is permitted unless:
E.
Vacant structures and their adjoining yards. Vacant structures and
their adjoining yards shall be maintained in compliance with all provisions
of this chapter.
[Added 11-19-2012 by L.L. No. 5-2012]
F.
The owner of any residential building or commercial space/store that
is vacant for more than 30 consecutive days shall notify the Building
Department or the Village Clerk of the name, address, phone number
and emergency contact phone number of the owner and/or the property
manager of the property.
[Added 11-19-2012 by L.L. No. 5-2012]
[Amended 11-2-2005 by L.L. No. 5-2005; 11-19-2012 by L.L. No.
5-2012]
A.
This chapter may be enforced by the Building Inspector,
Code Enforcement Officer and/or any police officer of the Village
of Highland Falls.
B.
Notice of violation and order to remedy. Any enforcement official
shall have the authority to issue a notice of violation and order
to remedy directing an owner or occupant or other person having control,
directly or indirectly, of any property to bring such property into
compliance with the provisions of this chapter within a period of
time deemed adequate by the enforcement official and set forth in
the notice of violation and order to remedy. Such notice and order
may be served personally; or mailed to an owner's last known address
as shown on the real property tax records of the Village or other
record, and posted on the property.
[Amended 10-21-2013 by L.L. No. 3-2013]
C.
Appearance before the Board of Trustees. The notice of violation
and order to remedy may specify a date and time of a hearing to be
held before the Board of Trustees. If the hearing date and time is
not specified in the notice of violation and order to remedy, then
a subsequent notice may specify the date and time of a hearing to
be held before the Board of Trustees. Except in the event of an emergency,
the date of the hearing before the Board of Trustees specified on
the notice of violation and order to remedy shall be at least five
days after the date of issuance of the notice of violation and order
to remedy.
[Amended 10-21-2013 by L.L. No. 3-2013]
D.
At the hearing held before the Board of Trustees, the property owner
and/or any owner, as defined herein, and/or an attorney or other representative
shall have the opportunity to contest the enforcement official's notice
of violation and order to remedy. After the hearing is closed, the
Board of Trustees shall adopt an order to affirm, modify or rescind
the enforcement official's order to remedy.
[Amended 10-21-2013 by L.L. No. 3-2013]
E.
Appearance ticket. If the violation is not remedied within the time set forth in the notice of violation and order to remedy, the enforcement official may issue an appearance ticket requiring the person, owner, lessee, property manager, tenant, occupant or other person having charge of any property to appear in Justice Court for a determination by the Justice Court of claimed violations and to impose penalties as set forth in § 170-8 below.
F.
Compliance with this chapter is required in the interest of the public safety, health and welfare. If the owner(s) served with a notice of violation and order to remedy fails to comply with the order to remedy, as affirmed or modified by the Board of Trustees pursuant to § 170-7D, the Village, through its officers, employees, contractors or agents, may enter upon the property and correct and remedy the violation. All costs incurred by the Village, including the cost of correction and remedy and the cost of the proceeding, including but not limited to reasonable attorneys' fees, plus any surcharge amount as established in § 170-7G, shall be billed to the property owner. The Village shall bill the property owner for said costs by mailing the bill to the owner's last known address as shown on the real property tax records of the Village. If the property owner does not pay said costs within 30 days after the mailing date of the bill, then the amount of said costs, together with interest charged at the rate of 9% per annum, shall be a lien on the property and shall be assessed against such property, and shall be levied and collected in the same manner as a real property tax. The provisions of this subsection are in addition to, not in lieu of, the penalties set forth in § 170-8.
[Amended 10-21-2013 by L.L. No. 3-2013[1]]
[1]
Editor’s Note: This local law also repealed former Subsection
F, Service of notice, and redesignated former Subsection G as Subsection
F.
G.
Administrative fees. In order to defray administrative costs, the Village Board of Trustees shall establish, by resolution, a schedule of property maintenance fees which shall be added to all bills charged pursuant to § 170-7F, which schedule may be modified from time to time in the same manner.
[Added 10-21-2013 by L.L.
No. 3-2013; amended 12-18-2017 by L.L. No. 1-2018]
H.
In addition to establishing a lien, the Village may recover such
costs and expenses by bringing an action against the owner(s) of the
property. The institution of such action shall not suspend or bar
the right to pursue any other remedy provided by law for the recovery
of such costs and expenses.
I.
Remedies available. Enforcement of an order to remedy by order of
the Board of Trustees and enforcement of the order to remedy by the
Justice Court are cumulative remedies and are not alternative remedies.
The enforcement official and the Village may pursue either or both
of the remedies. In addition, nothing contained herein shall be construed
to restrict the authority of the enforcement officer or the Village
to compel compliance with this chapter or abate a public nuisance
by any other lawful process or provision of law.
[Amended 10-21-2013 by L.L. No. 3-2013]
J.
Emergency measures. If the enforcement official determines that a violation of this chapter causes or may cause imminent danger to occupants of a building, neighboring person(s) or property(ies) or the public, then the Village has authority to and may immediately enter upon the property and take any emergency measures necessary to safeguard the occupants, persons or properties without providing prior notice to an owner. The Village shall provide such written notice and an opportunity for hearing before the Board of Trustees as soon as practicable. The owner shall be subject to the payment of all costs incurred by the Village and to all other requirements and provisions of § 170-7F.
[Added 10-21-2013 by L.L. No. 3-2013]
[Amended 4-1-1998 by L.L. No. 1-1998; 1-20-2009 by L.L. No.
1-2009; 11-19-2012 by L.L. No. 5-2012]
A.
In addition to and not in lieu of any other remedies, any person
who violates any provision of this chapter or who violates or fails
to comply with any lawful order promulgated hereunder shall be guilty
of a violation and, for a first conviction thereof, shall be subject
to a fine in an amount not less than $300 nor more than $500 per day
of violation or a maximum of 15 days' imprisonment, or both;
for conviction of a second violation committed within 12 months of
the first violation, such person shall be subject to a fine in an
amount not less than $400 and not more than $800 per day of violation
or a maximum of 15 days' imprisonment, or both; for conviction
of a third violation committed within 12 months of the first violation,
such person shall be subject to a fine in an amount not less than
$600 and not more than $1,500 per day of violation or a maximum of
15 days' imprisonment, or both; for conviction of a fourth violation
and for each subsequent violation committed within 12 months of any
prior violation, such person shall be subject to a fine in an amount
not less than $1,000 and not more than $2,500 per day of violation
or a maximum of 15 days' imprisonment, or both.
B.
Civil penalties and injunction. In addition to and not in lieu of any other remedies, the Village Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to obtain civil monetary penalties and compel compliance with or to restrain, by injunction, the violation of this chapter or any order promulgated hereunder. The civil monetary penalties shall be in accordance with and not exceed the monetary penalties set forth in § 170-8A of this chapter.
C.
Each calendar day a violation occurs or continues shall constitute
and be deemed a separate and distinct violation.
D.
Repeat offenders, penalties.
[Added 12-3-2018 by L.L.
No. 4-2018]
(1)
Three
violations of any provision of this chapter within any rolling twelve-month
period shall constitute a criminal misdemeanor and said offender shall
be deemed a repeat offender.
(2)
The
Code Enforcement Officer shall issue an appearance ticket to said
repeat offender to appear in Justice Court for a determination by
the Justice Court of claimed violations and to impose penalties as
set forth herein. The appearance ticket shall be served in any manner
authorized for service under § 308 of the Civil Practice
Law and Rules as modified from time to time.
(3)
Upon conviction, said repeat offender shall be subject to a fine in an amount not to exceed $1,000 or a term of imprisonment between a minimum of 15 days to a maximum of one year, or both. Said fine and/or imprisonment shall be in addition to and not in lieu of any other remedies set forth in Subsections A or B of this section.
[1]
Editor's Note: Former § 170-9, Village
Board action, was repealed 11-2-2005 by L.L. No. 5-2005.
[Amended 11-19-2012 by L.L. No. 5-2012]
The Building Code Enforcement Officer shall
initiate inspections and investigations and shall receive information
and complaints concerning compliance with this article. Covering the
calendar month preceding the report, he shall submit a written report
to the Village Board not later than 12:00 noon of the day on which
the first monthly meeting is held, containing not less than the: address
of and date of each investigation or inspection initiated by him;
address of each alleged violation concerning which information or
complaints have been received by him; date of such receipt; nature
of each violation found or complained of, if any; date of correction
notice issued; date(s) of each reinspection; date of filing of a request
for arrest warrant with the prosecutor having jurisdiction; disposition
of each case closed; and status report of each case. Such report shall
include cumulative annual totals of inspections and investigations
initiated, information or complaints received, violations noticed
for correction with breakdown of such violations by appropriate category,
corrections confirmed upon reinspection, warrant requests filed and
convictions obtained.
