Village of Huntington Bay, NY Article I General Maintenance Requirements

[Adopted 4-19-1976 by L.L. No. 5-1976]

§ 13-1 Conformity required.

All property within the Village of Huntington Bay, whether improved or vacant, shall be maintained in conformity with the provisions of this article so as to assure the desirable and safe character of the property.

§ 13-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

INFESTATION

The presence of insects, rodents, vermin or other pests.

JUNKED VEHICLE, BOAT OR HOUSEHOLD APPLIANCE

Any vehicle, including a trailer or boat, and appliance which is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or an abandoned condition.

LITTER

Garbage, refuse and rubbish as herein defined and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

LOT

Plot, tract, premises or parcel of land with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.

REFUSE

All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles.

RUBBISH

Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

STRUCTURE

Any object constructed, installed or placed on, above or below a parcel of land for use, occupancy or ornamentation, including but not limited to buildings, sheds, decks, dwellings, mobile homes, trailers (whether movable or stationary), stadiums, tents, reviewing stands, satellite antennas, solar heating devices, tennis courts, platforms, porches, staging, observation towers, radio and television towers and antennas, gasoline pumps, standpipes, outside bins, pools, docks, walls and retaining walls, bulkheading, fences, trellises, pergolas, gates, gateposts, poles, signs, tanks and any fixtures, additions and alterations thereto. The word "structure" shall be construed as though followed by the words "or part thereof."

[Added 6-8-1992 by L.L. No. 2-1992]

UNOCCUPIED HAZARD

Any building or part thereof which remains unoccupied with either doors, windows or other openings broken or removed, or any building under construction for which a valid building permit no longer exists and upon which little or no construction work has been performed for a period of more than six months.

YARD

An open space on the same lot which contains a building and located between the building line and the lot line which the particular building line faces.

§ 13-3 Building and structure maintenance.

A. It shall be the duty of every owner, lessee, agent or tenant of real property within the limits of the Village of Huntington Bay to maintain any buildings or structures thereon in such condition of repair that they will not be fire or health hazards or dangerous or unsafe to the public.

B. All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.

C. Floors, walls, ceilings, stairs and fixtures of buildings shall be maintained in a safe and sanitary condition. Every floor, exterior wall, roof and porch or appurtenance thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.

D. The foundation walls of every building shall be maintained in good repair and shall be structurally sound.

E. Exterior walls, roofs and all openings 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 workmanlike manner. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material and improperly secured objects and materials. Such objects or materials shall be removed, repaired or replaced.

F. The owner of an unoccupied 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 its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public. All openings shall be provided with painted, exterior grade plywood closures, securely fastened.

G. Buildings and structures shall be maintained in such a condition that they shall not become unoccupied hazards as defined in this Article. All graffiti or defacing shall be removed and the surface finish restored within a five-day period.

§ 13-4 Lot and yard area maintenance.

A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.

B. All decorative pools and similar devices shall be maintained free of litter and operated as intended.

C. Fences and other minor construction shall be maintained in a safe condition.

D. 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 replacements carried out.

E. Yards and vacant lots shall be kept clean and free of all physical hazards.

(1) All branches or limbs overhanging a sidewalk or roadway shall be pruned and trimmed to a minimum height of eight feet above a sidewalk and 13 feet above a roadway and five feet or more from the other edge of the sidewalk or roadway.

(2) All excavations for foundations, walls, cesspools, etc., shall be properly protected during construction, and thereafter they shall be properly covered over or filled in. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood.

F. A junked vehicle or boat may not be stored in the open unless shielded from public view by means of appropriate landscaping or architectural screening.

(1) No junked or discarded household appliance shall be stored or left in the open.

(2) No refrigerator may be stored in a place accessible to children without first completely removing any locking devices and all doors.

G. Sanitary considerations.

(1) All premises, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

(2) Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with the provisions of applicable codes.

(3) Dumpsters and similar large receptacles, when not being loaded or unloaded, shall be properly closed and secured. They shall be shielded from public view by means of appropriate landscaping or architectural screening.

H. Infestation and screening.

(1) Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform with generally accepted practice.

(2) Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.

I. Satellite dish antennas.

[Added 12-10-1984 by L.L. No. 1-1984]

(1) A satellite dish antenna or any antenna of this mode may not be stored in the open unless shielded from public view by means of appropriate landscaping.

(2) Such landscaping shall only be deemed appropriate if it serves to conceal the antenna from neighboring properties.

§ 13-5 Responsibilities and penalties.

[Amended 1-9-1978 by L.L. No. 1-1978; 1-14-2002 by L.L. No. 2-2002]

A. Responsibility of occupant. An occupant of the premises shall be responsible for compliance with the provisions of this article.

B. Responsibility of owners. Owners of premises shall be responsible for compliance with the provisions of this article and shall remain responsible therefore regardless of the fact that this article may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume responsibility.

C. Penalties for offenses.

(1) Upon direction of the Board of Trustees, written notice stating the violation may be served in person by the Building Inspector or served by certified mail to the last known address of the owner and/or occupant. If any such person, after 10 days' written notice, shall fail or neglect to remedy any condition which violates the provisions of this article, the Board of Trustees may cause such work to be done as may be necessary to remedy such conditions and may assess the total cost thereof against the real property on which such violations are found.

(2) Each offense against the provisions of this article shall constitute a violation pursuant to the Penal Law of the State of New York and shall be punishable as such. Each day a condition in violation of this article exists shall constitute a separate violation of this article. Any person or persons violating any provisions of this article shall be liable for and pay a fine of not less than $50 and not more than $250 for a conviction on each offense.