[Adopted 2-27-1990]
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."
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.
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.
This article shall not apply to buildings or portions of buildings
which house places of worship or Fire Departments.
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]
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]
[Amended 6-26-2018 by L.L. No. 6-2018]
Any exterior lighting shall be designed to be shielded and shall
be maintained so as to contain lighting to the property on which it
is located and so that it shall not shine, glow, or interfere with
surrounding and neighboring properties or roadways.
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.
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:
E.
Said fencing shall be at least six feet in height and shall be of
the self-latching type.
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.
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.
[Amended 3-7-2023 by L.L. No. 4-2023]
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.
[Added 3-7-2023 by L.L. No. 4-2023]
Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall be subject to a monetary penalty within the range of fines authorized herein for the first and second violations of same. A third or subsequent violation of this chapter within a period of six months shall be deemed a misdemeanor, pursuant to § 182-12 herein and shall be within the jurisdiction of the District Court of Nassau County or other court of competent jurisdiction.
