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.
[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.
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.