[Adopted 4-19-1976 by L.L. No. 5-1976]
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.
As used in this article, the following terms shall have the
meanings indicated:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin or other pests.
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.
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.
Plot, tract, premises or parcel of land with or without buildings
or structures located thereon, as surveyed and apportioned for sale
or other purpose.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles.
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.
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]
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.
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.
A.Â
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.Â
All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
deterioration or weathering.
C.Â
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.Â
The foundation walls of every building shall be maintained in good
repair and shall be structurally sound.
E.Â
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.Â
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.Â
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.
A.Â
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.Â
All decorative pools and similar devices shall be maintained free
of litter and operated as intended.
C.Â
Fences and other minor construction shall be maintained in a safe
condition.
D.Â
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.Â
Yards and vacant lots shall be kept clean and free of all physical
hazards.
(1)Â
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)Â
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.Â
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.
G.Â
Sanitary considerations.
(1)Â
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)Â
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)Â
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.Â
Infestation and screening.
(1)Â
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)Â
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.Â
Satellite dish antennas.
[Added 12-10-1984 by L.L. No. 1-1984]
[Amended 1-9-1978 by L.L. No. 1-1978; 1-14-2002 by L.L. No.
2-2002]
A.Â
Responsibility of occupant. An occupant of the premises shall be
responsible for compliance with the provisions of this article.
B.Â
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.Â
Penalties for offenses.
(1)Â
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)Â
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.