[Adopted 8-8-2011 by L.L. No. 8-2011[1]]
[1]
Editor's Note: This article was originally adopted as Ch.
226A but was redesignated for organizational purposes.
The purpose of this article is to provide basic and uniform
property and maintenance standards governing the condition and maintenance
of all commercial units, including but not limited to offices, places
of public assembly, shopping centers, supermarkets, retail stores,
warehouses, manufacturing and fabrication plants, gasoline stations
and other business uses.
As used in this article, the following terms shall have the
meanings indicated:
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls, and a roof, affording shelter
to persons, animals or property.
An open unoccupied space on a lot which is enclosed on at
least three sides by walls of a building.
The face or front of a building.
The presence of insects, rodents, vermin or other pests.
Any vehicle, including a trailer, which is without a currently
valid license plate or plates and which is either dismantled, partly
dismantled, inoperative or in an abandoned condition.
A plot, tract, premises or parcel of land without buildings
or structures located thereon, as surveyed and apportioned for sale
or other purpose.
A county, town or village.
An assembly of materials forming a construction framed of
component structural parts, which exists for occupancy or use, including
architectural embellishments.
Any building or part thereof which remains unoccupied for
a period of more than six months, with either doors, windows or other
openings broken, removed, boarded or sealed up.
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
A.
Yards and open areas. The owner, occupant or other person having
charge of any premises shall maintain the yards and open areas thereof
in accordance with the following requirements:
(1)
Surface and subsurface water shall be drained to prevent damage to
buildings and structures and to prevent the development of stagnant
water. Gutters, culverts, catch basins, drain inlets, stormwater sewers
and sanitary sewers or other satisfactory drainage systems shall be
provided and utilized. No roof, surface or sanitary drainage shall
create a structural safety or health hazard by reason of construction,
maintenance or manner of discharge.
(2)
Fences and other accessory structures shall be maintained in a safe
and nondeteriorated condition.
(3)
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and other
conditions. Any holes or other hazards that may exist shall be filled,
and necessary repairs or replacement shall be made.
(4)
Within 12 hours after the cessation of snowfall or frozen precipitation,
snow and ice shall be plowed, shoveled and removed from all steps,
walks, driveways and parking areas used or intended to be used by
residents, tenants, occupants, customers, invitees or other members
of the public. Sidewalks shall be fully cleared, i.e., no snow or
ice shall remain on the sidewalk. No snow or ice so removed shall
be deposited on or against abutting buildings or upon the public streets
or sidewalks so as to interfere with the use of such streets or sidewalks
or with the use of any other premises. Fire hydrants shall be cleared
to the street line at the corner. Handicapped drop curbs must also
be cleared.
(5)
Yards, courts, vacant lots and open areas shall be kept in a clean
and sanitary condition free from litter, debris, rubbish, garbage,
junk, vermin, rodent harborage and infestation, and health, safety
and physical hazards of any kind. They shall be maintained in a manner
that will prevent dust or other particles from being blown about the
neighborhood. Open wells, cesspools or cisterns shall be securely
closed or barricaded from access to the public.
(6)
Dead and dying trees and limbs or other natural growth which, by
reason of rotting or deteriorating conditions or storm damage, constitute
a hazard to persons in the vicinity thereof shall be removed. Heavy
undergrowth and accumulation of plant growth which is unsightly, noxious
or detrimental to health shall be eliminated or removed. Trees, hedges
bushes, shrubs and vegetation of any kind shall be kept pruned or
trimmed.
(7)
It shall be unlawful to park or store or permit to be parked or stored
in any yard or open area of a premises any motor vehicle that is abandoned,
wrecked, dismantled, junked, substantially damages or unregistered
and which is not intended to be used or in no condition for legal
use upon the public highway.
(8)
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include,
but not be limited to, the replacement of trees and shrubs which may
die and/or otherwise be destroyed, the maintenance and cutting of
lawns and the replacement and/or repair of fences which may be in
disrepair.
B.
Buildings and structures. The owner, operator or occupant shall maintain
each and every part of the building or structure free of all nuisances
and any hazards to the safety of the occupants, pedestrians and all
persons utilizing the premises or abutting roadways and maintain accessory
structures and appurtenant equipment in attractive condition and good
repair, capable of performing the function for which the same was
designed or intended to be used, including but not limited to the
following:
(1)
Exterior surfaces of buildings and structures that are not inherently
resistant to deterioration shall be sealed and regularly treated with
a protective coating of paint or other suitable preservative sufficient
to prevent deterioration and to maintain a neat and orderly appearance.
All such surfaces shall be maintained free of excessive flaking, peeling
and crumbling.
(2)
Every exterior wall, roof and porch or appurtenance 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)
All buildings and structures shall be kept in a clean, sanitary and
safe condition, free from litter, debris, rubbish, garbage, junk,
vermin, rodents and health and safety and physical hazards of any
kind. No building shall, except in emergency or ongoing construction,
be boarded up in part or whole except by permission of the Superintendent
of Public Works.
(4)
Foundations of every building and structure shall be maintained structurally
sound and in good repair so as to prevent the accumulation of moisture
within the space enclosed by such foundation, and such foundation
and any window or door thereon shall be protected against the entrance
of rodents.
(5)
Roofs of every building or structure shall be maintained weathertight
and be equipped with gutters and downspouts to ensure that drainage
does not cause excessive erosion, ponding or water damage and does
not create a nuisance on public or private property and that does
not cause undue heath loss from occupied areas. All roofs, gutters
and downspouts shall be maintained in a good state of repair.
(6)
The exterior of every building and structure and all appurtenances
thereto, both above and below the roofline, shall be maintained in
good repair in a safe condition and weathertight so as to resist decay
or deterioration from any cause.
(7)
All exposed surfaces shall be maintained free of damaged, disintegrating,
crumbling, broken or missing materials, excessive pitting or corrosion
and unsafe defects, and all broken or missing glass panes shall be
replaced.
(8)
The exterior of every building and structure shall be maintained
free of buckled, sagging, broken, partially missing, rotted or decayed
walls, doors, windows, porches, balconies, steps, stairways, railings,
balusters, chimneys and decorative trim. The exterior of every building
and structure shall be maintained so that the appearance of the premises
shall not constitute a blighting factor for adjoining property.
(9)
Every repair to and replacement of a portion of the exterior of a
building and structure or part thereof or appurtenances thereto shall
match and conform to the overall exterior design and appearance of
such structure.
(10)
The owner of a vacated building shall take such steps and perform
such acts as may be required of him from time to time by the Village's
Superintendent of Buildings 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.
(11)
Buildings and structures shall be maintained in such condition
so that they shall not become an unoccupied hazard as defined in this
article. All graffiti or defacing shall be removed and the surface
finish restored within a five-day period.
(12)
All signs, awnings and lighting systems shall be maintained
in a completely operable, clean, sightly, nondeteriorated and safe
condition.
(13)
All decorative pools and similar devices shall be maintained
free of litter and operated as intended. Should the maintenance costs
of such devices prove unacceptable, the device shall be converted
to landscaped planting beds.
(14)
Fuel-burning, heat-producing equipment shall be installed and
maintained so that the emission or discharge into the atmosphere of
smoke, dust particles, odors or other products of combustion will
not create a nuisance or be detrimental to the health, comfort, safety
or property of any person.
(15)
Chimneys, flues and their supports shall be installed and maintained
so as to be structurally safe, durable, smoke-tight, noncombustible
and capable of withstanding the action of flue gases without softening,
cracking, corroding or spalling.
(16)
Air-conditioning units which are over or adjacent to any public
opening or sidewalk shall direct their condensation and runoff away
from the same.
(17)
If a sign is removed from the exterior of a building or structure,
the area that was covered by the removed sign and now left exposed,
even if a new sign is installed, shall be cleaned, maintained and
repaired so that the exterior of that building or structure shall
have a uniform color and texture.
C.
Unoccupied hazard. Unoccupied hazards shall be subject to condemnation
in accordance with the laws of the State of New York and this village.
[Amended 5-13-2013 by L.L. No. 9-2013]
Any person who violates the provisions of this article shall
be subject to a fine of not more than $500. Each day a violation of
this article exists shall constitute a separate violation of this
article. The Village shall recover all fines and penalties imposed
under this section, together with costs, interest and attorneys' fees,
by assessment against the lots or parcels of land at which the violation
occurred.
The invalidity of any word, section, clause, paragraph, sentence,
part or provision of this article shall not affect the validity of
any other part of this article which can be given effect with such
invalid part or parts.
This article shall take effect immediately upon being filed
in the office of the Secretary of State.
