Village of Village of The Branch, NY
Suffolk County
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[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as Ch. 62 of the 1973 Code. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Law of the Village of the Branch."
In order to prevent blight and the spread thereof, it is hereby declared that all structures, including, but not limited to, shopping centers, supermarkets, retail stores, discount houses and other business uses, whether occupied or vacant, and accessory structures, located in the Incorporated Village of the Branch, shall be maintained in conformity with the standards set out in this chapter so as to assure that these structures and properties will not adversely affect the neighborhood and the community at large. It is found and declared that by reason of lack of maintenance and progressive deterioration, certain structures and properties have the further effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered. This chapter has been prepared and adopted with consideration to the character of the various zoning districts and the stability for the particular uses therein.[1]
Editor's Note: See Ch. 275, Zoning.
The following definitions shall govern the interpretation of this chapter unless otherwise expressly defined herein. Words used in the singular shall include the plural, and vice versa. The word "shall" is always mandatory; the word "may" is permissive.
A natural person or persons, corporations, copartnerships, unincorporated associations or any other organizations of two or more persons who is or are the owner or owners, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, occupant or agent directly or indirectly in control of a building within the confines of the Village as defined below.
All areas within the Incorporated Village of the Branch.
Open areas.
Surface and subsurface water shall be appropriately drained to protect buildings and structures.
All fences shall be maintained by the person responsible for the property. Such maintenance shall include, but not be limited to, the replacement and/or repair of fences which may become in disrepair.
All recharge stormwater basins shall be maintained by the person responsible for the property. Such maintenance shall include, but not be limited to:
The cleaning of storm sewers and other drainage appurtenances serving the said basin so that the said installations function as designed, and
The removal of any garbage, rubbish, silt, topsoil or other foreign material which creates an unsanitary condition or prevents or impedes the leaching action of the said basin.
Steps, walks, driveways, parking lots, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, or necessary repairs or replacement carried out.
Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent rubbish from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access by the public.
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" signs, shall be removed at the expiration of the event or sale for which they are erected or within 60 days after erection, whichever shall occur sooner.
Buildings and structures.
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
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 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.
The foundation walls of every building shall be maintained in good repair and be structurally sound.
Exterior walls (including doors and windows), roofs and the areas around doors, windows, chimneys and other parts of a 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 evidence 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.
The owner of a vacated building shall take such steps and perform such acts as may be required of him 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.
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.
Drainage. Water from any residence located within the Incorporated Village of the Branch may not be pumped from basements, swimming pools and/or yards into the streets, catch basins or recharge basins within the Village.
[Added 12-11-1990 by L.L. No. 5-1990]
This chapter shall be enforced by the Board of Trustees of the Incorporated Village of the Branch or by one or more agents of said Board duly designated by resolution adopted at a public meeting of said Board of Trustees.
The Village shall assess all costs and expenses incurred by the Village, in connection with the proceedings to drain, clean, mow, repair or remove hazardous situations, against the land on which the violation occurs and may, after 15 days following notice to the property owner, served personally or mailed to his last known address, order the necessary drainage, cleaning, mowing, repairing or removing by the Village and assess the costs thereof against the land, to be collected as taxes are collected as provided by law.