A.
Open areas.
(1)
Surface and subsurface water shall be appropriately drained to protect
buildings, properties and lots so as to prevent the weakening of the
structural integrity of any building or subsurface of any lot or property
as well as to prevent altering surface conditions and to prevent the
development of stagnant ponds.
(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 shall be maintained by the person owning or having responsibility
for the property or by the person having use and enjoyment of the
property. Such maintenance shall include but not be limited to the
replacement and/or repair of fences which may become in disrepair.
(4)
All landscaping and shrubbery shall be well maintained so that lawns,
hedges, bushes and trees shall be kept trimmed and free from becoming
a hazard or an obstruction to traffic or vehicular visibility or where
such comes into contact with or covers, hides or obstructs any traffic
sign.
(5)
All recharge stormwater basins shall be maintained by the person
owning or having responsibility for the property. Such maintenance
shall include but not be limited to:
(a)
The cleaning of storm sewers and other drainage appurtenances
serving the said basin so that said installations function as designed;
and
(b)
The removal of any garbage, rubbish, silt, topsoil or other
foreign materials which create an unsanitary condition or prevent
or impede the leaching action of said basin.
(6)
All owners, occupants, lessors or persons having responsibility or
control of all property within the Town of Smithtown, including, but
not limited to, buildings, lots or structures used for residential
or commercial purposes, shall maintain steps, walks, driveways, parking
spaces and similar paved areas so as to afford safe passage under
normal use and weather conditions. All owners, occupants, lessors
or persons in control of all buildings or structures used for commercial
purposes and the owners or occupants of lands fronting or abutting
on any street or highway in a business or industrial district shall
maintain and repair the sidewalks adjoining their lands and shall
keep the sidewalk adjacent to such premises free and clear from snow,
ice, dirt or other obstruction. No salt, calcium chloride or derivatives
thereof or other corrosive materials shall be used. Any holes or other
hazards that may exist on private roads, streets, parking lots or
other private paved or unpaved areas, except residential driveways,
shall be filled and necessary repairs or replacements shall be made.
All commercial or nonresidential off-street parking facilities shall
be kept free of rubbish, sticks, wood, leaves, weeds, paper, cardboard
or debris of any kind.
(7)
Yards, courts and vacant lots shall be kept clean and free of physical
hazards, rodent harborage and infestation or solid waste. They shall
be maintained in a manner that will prevent solid waste from being
blown about a public place or residential area by the elements or
by being scattered by animals.
(8)
Open wells, cesspools and cisterns shall be securely closed or barricaded
from access by the public.
(9)
All permanent signs exposed to public view shall be maintained in
good repair. Excessively weathered or faded signs shall be removed
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or removed. All temporary signs, except "For
Rent" and other signs otherwise authorized or permitted by the Code
of the Town of Smithtown, shall be removed at the expiration of the
event or sale for which it is erected or within 60 days after erection,
whichever occurs sooner.
(10)
No person shall deposit, throw, scatter or suffer, permit, maintain
or allow the accumulation of any filth, dirt, ashes, junk, garbage,
wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper,
paper boxes, cardboard, corrugated boxes, iron, tin, nails, bottles
or glass of any kind, old cars and parts thereof, tires or any other
kind of solid waste or shopping baskets, carts or wagons upon any
sidewalk, highway or public place or upon any vacant or improved lot,
piece or parcel of ground abutting upon any sidewalk, highway, road
or public place or upon any private property within the Town except
in accordance with the provisions of the Code of the Town of Smithtown.
(11)
Any white good as defined in § 177-4 or any other container of any kind which has an airtight door or lock which may not be released or opened from the inside of said white good or container shall not be left outside of any building or dwelling or upon any lot or property that is accessible to any children. Any white good or container which is placed outside for authorized pickup shall have had the door detached from the white good or container prior to placing the white good or container outside.
(12)
It shall be unlawful for any person of any capacity to store,
deposit, place, maintain or cause or permit to be stored, deposited,
placed or maintained outdoors any abandoned, junked, discarded, wholly
or partially dismantled, registered or unregistered motor vehicle
or vehicles upon any private or public property within the Town of
Smithtown unless specifically permitted and authorized pursuant to
the Code of the Town of Smithtown.
(13)
All owners, tenants or occupiers of property located anywhere
within the Town of Smithtown shall be required to cut, trim or remove
from the land owned or possessed by them brush, grass, solid waste,
garbage, rubbish or weeds or to remove poisonous shrubs or weeds on
such land, and, upon default, the Town of Smithtown may cause such
grass, brush, solid waste, garbage, rubbish or weeds to be cut, trimmed
or removed and such poisonous shrubs or weeds to be removed in accordance
with the provisions contained herein at the expense of the property
owner, tenant or occupier.
(14)
No
owner, tenant or occupier of property anywhere within the Town of
Smithtown shall cause, suffer or allow bamboo to be planted, maintained
or otherwise permitted to exist within 10 feet of any property line,
street, sidewalk or public right-of-way.
(15)
Property
owners have the duty, at their own expense, to trim broken or decayed
limbs from trees, to cut down and remove any trees upon their property
which are dead, dying, blown over, leaning precariously, harbor insects
or disease, and remove any tree stumps or rootballs that are severely
damaged or exposed more than 50% above grade which pose a hazard to
vehicular traffic or pedestrians within any street, sidewalk, or public
right-of-way.
(16)
No
person who is the owner, occupant, or lessee of any premises abutting
on any street, road, highway, or parkway shall place, keep, permit,
or suffer being placed or kept at or around the vicinity of the property
line of his/her premises any tree debris, brush, or woody vegetation,
unless such items are appropriately placed for collection by the Town
of Smithtown Highway Department in accordance with the Town's schedule
for pickups, and all pieces of tree debris, brush, or woody vegetation
meet the following size and weight requirements: 1) less than six
inches in diameter, 2) cut into lengths no larger than four feet,
3) bundled in bundles not larger than two feet by two feet by four
feet, and 4) less than 50 pounds in weight. Placement of yard waste
produced by a landscaper, contractor, or other professional services
and placement of any yard waste that exceeds these provisions shall
be deemed a violation of this section.
[Added 3-21-2023 by L.L. No. 7-2023]
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.
(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 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 the 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 materials. Such objects or materials shall
be removed, repaired or replaced.
(5)
The owner of a vacant building shall take such steps and perform
such acts as may be required of said owner 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.
(6)
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
practices.
In any case where the provisions of this code impose a higher
standard than set forth in any other ordinance of the Town of Smithtown
or under the laws or regulations of the State of New York, then the
standards as set forth herein shall prevail. If the provisions of
this code impose a lower standard than any other ordinance of the
Town of Smithtown or of the laws and regulations of the State of New
York, then the higher standard contained in any such ordinance or
law shall prevail.
Any owner of real property in the Town of Smithtown or any person
who fails to adhere to or violates any provision of this article shall
be liable for any defect, injury, fault or damage to any third party.
