Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 93.
Unsafe buildings — See Ch. 96.
Housing standards — See Ch. 135.
Junk and junk dealers — See Ch. 139.
Plumbing — See Ch. 180.
Streets and sidewalks — See Ch. 205.
Zoning — See Ch. 246.
[Adopted 2-27-1990]
[1]
Editor's Note: Local Law No. 4-2009, adopted 3-31-2009, provided for the renaming of Ch. 182, Property Maintenance, as "Industrial and Commercial Property Maintenance. "This local law also provided for the renaming of Art. I, Industrial and Commercial Property Maintenance, as "General Provisions."

§ 182-1 Title.

This article shall be known as the "Industrial and Commercial Property Maintenance Ordinance in the Town of Oyster Bay" and is herein referred to as the "Industrial and Commercial Property Maintenance Ordinance" or "this article."

§ 182-2 Purpose.

The purpose of this article is to provide basic and uniform standards in terms of performance objectives implemented by specific requirements governing the conditions, occupancy and maintenance of industrial and commercial buildings and properties; and to establish reasonable safeguards for the safety, health and welfare of the occupants, users, employees, visitors and adjacent neighbors.

§ 182-3 Applicability.

Every portion of a building, premises or plot used or intended to be used for industrial or commercial use shall comply with the provisions of this article, irrespective of when such building shall have been constructed, altered or repaired, except as herein provided.

§ 182-4 Exemptions.

This article shall not apply to buildings or portions of buildings which house places of worship or Fire Departments.

§ 182-5 Exterior maintenance; vacated premises.

A. 
Exterior surfaces of premises, equipment and appurtenances they are not inherently resistant to deterioration shall be periodically treated with a protective coat of paint or other suitable preservatives.
B. 
Exterior walls, roofs and porches or appurtenances of premises shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the aforesaid or to the public.
C. 
All exterior surfaces of premises, including but not limited to signs, billboards, window treatment, facades and canopies, shall be maintained in a clean and sanitary condition.
D. 
Exterior walls, roofs and other parts of premises shall be free from loose and unsecured objects or materials. If such objects or materials exist, they shall be removed, repaired or replaced.
E. 
Owners of a vacated premises shall take such steps and perform such acts as may be required 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.
F. 
All graffiti or defacing of premises, including fencing and screen, shall be removed and the surface finish restored.
[Amended 3-31-2009 by L.L. No. 4-2009]

§ 182-6 Paving requirements.

A. 
All pavement must be maintained in a good condition and free of potholes and excessive wear.
B. 
All required parking spaces must be adequately marked or striped according to any and all building permits and/or provisions of the Code of the Town of Oyster Bay.
[Amended 3-31-2009 by L.L. No. 4-2009]
C. 
No exterior storage of materials, trucks or trailers is permitted in required parking spaces.
D. 
All existing stormwater drainage systems must be maintained, cleaned and services as necessary to perform the requirements they were designed to do.
E. 
Sleeping in parked trucks, trailers or vans is prohibited.
F. 
All parking requirements of any Town Board resolution, Zoning Board of Appeals decision and/or provision of the Code of the Town of Oyster Bay shall be complied with.
[Amended 3-31-2009 by L.L. No. 4-2009]

§ 182-7 Exterior lighting.

Any exterior lighting shall be designed and maintained so that they shall not shine, glow or interfere with surrounding and neighboring residential dwellings.

§ 182-8 Fences, screening and landscaping.

A. 
Fences and screening shall be maintained in accordance with any Town Board resolution, Zoning Board of Appeals decision and/or provision of the Code of the Town of Oyster Bay requirements and shall be in a safe and substantial condition.
[Amended 3-31-2009 by L.L. No. 4-2009]
B. 
Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health or could serve as harborage for rodents shall be eliminated.
C. 
All front, side and rear yards shall be kept clean and free of physical hazards.
D. 
Grounds, buildings and structures shall be maintained free of insects, vermin, rodents and any other harborage or infestation.

§ 182-9 Garbage and refuse.

A. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
B. 
It shall be prohibited to store or accumulate garbage or refuse so as to prevent any exit from opening, to become a fire hazard or cause odors objectionable to adjacent properties.
C. 
All containers of garbage and waste located in the Town of Oyster Bay, emanating from and/or by the buildings used for commercial, industrial or office building purposes, must be stored within an area which is properly fenced in or secured, as defined in § 182-9D of this article.
D. 
The term "properly fenced in or secured" as found in § 182-9C of this Article shall be construed to mean one of three types of fencing only:
(1) 
A stockade fence;
(2) 
A cyclone fence with permanent strips across such fence to ensure a solid enclosure without holes in said enclosure; or
(3) 
Any tightly-woven fence which provides a solid enclosure without holes in said enclosure.
E. 
Said fencing shall be at least six feet in height and shall be of the self-latching type.

§ 182-10 Structural requirements.

A. 
Buildings and parts of buildings shall be maintained so as to be capable of sustaining safely their own weight and the loads to which they may be subject.
B. 
Buildings shall be maintained so that the loads are transmitted to the soil without undue differential settlement, unsafe deformation or movement of the building or any structural parts.
C. 
Buildings shall be maintained so that protection is provided for all structural members which may become structurally unsound if left unprotected.
D. 
Roofing shall be maintained in a weathertight condition so as to prevent leakage into the building.

§ 182-11 Environmental requirements.

Plumbing, heating, electrical, ventilation, air-conditioning, fire protection and other mechanical equipment, installations or systems shall be maintained so that such equipment and systems shall not be a danger to health, safety or welfare and shall not constitute structural defects, sources of fire hazards or create excessive noise or otherwise be a nuisance.

§ 182-12 Penalties for offenses.

Pursuant to § 268 of the Town Law of the State of New York, as amended, any person, firm, company, partnership or corporation, who shall violate any ordinance or regulation thereon, or fail to comply therewith or with any of the requirements thereof, shall be guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial offices, generally, violations of this Article or of such ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

§ 182-13 through § 182-19. (Reserved)

[Adopted 2-4-1992[1]; amended in its entirety 3-31-2009 by L.L. No. 4-2009]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 149 but was renumbered to maintain the organization of the Code.

§ 182-20 Unlawful acts.

It shall be unlawful for any owner of real property within the Town or the agent of such owner and/or any person, firm or corporation occupying any real property within the Town to permit:
A. 
Lawns, weeds, grass, brush and growth of vegetation of any kind to obtain a height in excess of eight inches.
B. 
Garbage, litter, refuse, rubbish or rubble to accumulate thereon.

§ 182-21 Notice of violation.

The Commissioner of the Department of Planning and Development or his/her designee is hereby authorized and empowered to notify the owner and/or person in control of any property found not to be in conformance with the provisions of § 182-20 of said violation, by service of a notice of violation. Service of a copy of said notice of violation shall be served upon such owner, agent of such owner and/or any person, firm or corporation lawfully occupying or controlling said property, by personal service or by first-class and certified mail, postage paid, return receipt requested, and addressed to such person's last known address; and, if by certified mail, a copy of said notice shall be posted on the premises. If the owner of said premises does not reside in the County of Nassau, said notice mailed to such owner, addressed to his last known address, shall be sufficient service thereof.

§ 182-22 Compliance with notice; assessment of costs.

A. 
The person served with a notice of violation shall be permitted five days from such service to eliminate the accumulation of garbage, litter, refuse, rubbish or rubble and/or excessive height of lawns, weeds, grass, brush or vegetation of any kind.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly cure the violation, within five days after issuance of written notice provided for in § 182-21 above, the Commissioner, or his/her designee, may direct the Department of Public Works, the Highway Department and/or the Department of Parks to remove and dispose of such garbage, litter, refuse, rubbish or rubble and/or to cut the lawn, weeds, grass, brush or vegetation to a height in compliance with § 182-20.
[Amended 4-27-2010 by L.L. No. 2-2010]
C. 
The Town shall be reimbursed for the cost of the work performed or the services rendered, as hereinabove provided, by assessment against the collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete cost as incurred upon and from each lot or lots, in the manner provided for the assessment of the cost of public improvements by Article 4, § 64, of the Town Law of the State of New York, as amended.

§ 182-23 Penalties for offenses.

Any person who shall violate any ordinance herein or regulation thereon or fail to comply therewith or with any of the requirements thereof shall be guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial offices, generally, violations of this article or of such ordinance or regulation shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. Any fine imposed under this section shall be exclusive of costs to be charged to the owner of the property under § 182-22C.

§ 182-23.1 Violation of directives.

In addition to and notwithstanding any other remedy for an offense against this chapter, any person violating a directive issued by the Commissioner or his/her duly authorized representative, made pursuant to the provisions of this chapter, shall be guilty of a violation punishable by a fine not exceeding $900 or imprisonment for a period not to exceed 15 days, or both.