This chapter shall be known and cited as the "Property Maintenance
Code of the Incorporated Village of Old Brookville."
[Amended 11-17-2014 by L.L. No. 6-2014]
It is the intent and purpose of this chapter to provide for
and ensure the proper use of property and to prevent unsafe, hazardous
or dangerous conditions upon property within the Village of Old Brookville;
to provide basic and uniform standards governing the maintenance,
appearance and condition of all structures and properties, whether
improved or unimproved, residential, commercial or otherwise. Structures
and properties within the Village 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 appropriate maintenance and progressive deterioration,
certain structures and properties have the further effect of creating
blighting conditions, 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 blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of the neighborhoods enhanced and the public health,
safety and welfare protected and fostered. It is the intent, therefore,
of the Village that blight be identified, abated and eliminated and
that any and all conditions which pose a threat to the health and
safety of the public or to property within the Village be eliminated
and to provide for the elimination of such conditions by the Village
upon the failure of responsible parties to do so and for the assessment
of the cost thereof against the owners, occupants or other persons
as set forth in this chapter.
The following definitions are applicable to this chapter only:
BLIGHTED PROPERTY
Property characterized by one or more of the following conditions; the
Building Inspector or the Code Enforcement Officer can determine whether
property is blighted: boarded windows, doors, entryways or exits;
broken or unsecured windows; excessive litter or debris; overgrown
grass or other overgrown vegetation or shrubbery inconsistent with
the ambiance of the Village; roofs, gutters, siding/shingles, chimney,
shutters, and/or accessory structures, including, but not limited
to, decks, sheds, porches, pools, pool houses or cabanas, garages,
carports, storage units, front and rear porches, outside statuary,
and/or fish ponds which are broken, unsecured, or in disrepair; junk
vehicles, salvage, or scrap property; graffiti; fencing which is broken,
unsecured or in disrepair; outdoor lighting fixtures which are broken,
unsecured or in disrepair; electrical wires, electrical equipment
or extension cords which are broken, exposed or hazardously utilized;
unfinished or abandoned construction; damaged, dead or fallen trees
or limbs in conspicuous areas; fire damage to property which has not
been repaired or restored; significantly peeling or deteriorated paint;
stagnant water; open or unsecured wells, cesspools or cisterns; vermin,
rodent harborage or infestation; any other factors deemed by the Building
Inspector to pose significant threat to the safety, health and/or
general welfare of the Village; and presence within/upon an outdoor
area or the improper storage of:
[Amended 11-17-2014 by L.L. No. 6-2014]
A.
Refrigerator, washing machine, sink, stove, heater, boiler,
tank, other household appliances, boxes or indoor furniture for a
period in excess of seven days; and/or
B.
Construction materials, dirt, debris, trash, garbage or uncovered
refuse cans, accumulated refuse or garbage in covered refuse cans
which is not timely or properly disposed of.
DEBRIS
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures,
property or roads as well as materials consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal
and storm-related cleanup. Such materials include but are not limited
to: bricks, concrete and other masonry material, soil, rock, wood,
wall coverings, plaster, drywall, plumbing fixtures, non-asbestos
insulation, roofing shingles, asphaltic pavement, glass, window frames,
electrical wiring and components, plastics, carpeting, foam padding,
linoleum, metals, or any combination thereof which is incidental to
construction, excavation, renovation, equipping, remodeling, repair
or demolition.
GARBAGE
Includes all putrescible animal and vegetable waste resulting
from growing, processing, marketing and preparation of food items,
including packaging containers.
GRAFFITI
Any writing, painting, drawing, staining, carving, etching
or other marking, made by use of chalk, paint, ink, aerosol spray
can, knife, pencil or any other marking device and/or material, of
any word, name, lettering, inscription, figure, design, or other representation,
made upon a portion of a building or structure without the consent
of the owner. Signs with proper sign permits or approval are expressly
not included in the definition of graffiti.
RUBBISH
Includes all discarded or worthless nonputrescible solid
wastes consisting of both combustible and noncombustible wastes, including
but not limited to paper and paper products, rags, wrappings, cigarettes,
cardboard, tin cans, yard clippings, wood, glass, metals, plastics,
tires, bedding, cloth, crockery, furniture, appliances, batteries
and other automotive parts, paint and paint products, petroleum products
and similar items.
SOLID WASTE
Includes all putrescible and nonputrescible materials and
substances discarded or rejected as having served their original intended
use or as being spent, useless, worthless or in excess to the owner
at the time of such discard or rejection, including but not limited
to household and commercial garbage, industrial waste, rubbish, debris,
litter and ashes.
[Amended 11-17-2014 by L.L. No. 6-2014]
It shall be a violation of this chapter for any person to create, cause or maintain any condition which causes property to be blighted or fails to abate any such condition. It shall be a violation of this chapter for any person to fail to maintain property in accordance with the requirements of §
210-4. For purposes of this chapter, "any person" shall include the owner, occupant, tenant, contractor, or vendee in possession, when the owner or occupant has caused or allowed the property to deteriorate or otherwise fall into a state of disrepair or blight, the operator, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm, or corporation directly or indirectly in control of property or part thereof.
[Amended 11-17-2014 by L.L. No. 6-2014]
A. Owners of property shall be responsible for compliance with the provisions
of this chapter and shall remain responsible therefor regardless of
the fact that this chapter may also place responsibilities on operators,
occupants and others, and regardless of any agreements between owners,
operators, occupants or others as to which party shall assume such
responsibility.
B. Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the Village as
executor, administrator, trustee, guardian, operator, contractor or
agent, such person shall be deemed and taken to be the owner or owners
of said property within the true intent and meaning of this chapter
and shall be bound to comply with the provisions of this chapter to
the same extent as the record owner, and notice to any such person
or any order or decision of the Building Inspector shall be deemed
and taken to be a good and sufficient notice, as if such person or
persons were actually the record owner or owners of such property.
In instances where an occupant is responsible or shares responsibility
with the owner for the existence of one of more violations of this
chapter, said occupant shall be deemed and taken to be an owner within
the true intent and meaning of this chapter.
Any person or persons, association, firm or corporation who violates any provision of this chapter shall be guilty of a violation, punishable as provided for in Chapter
1, General Provisions, §
1-3 of this Code. The Building Inspector is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. The Village Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution or other penalties.
In addition to the remedies set forth in this chapter, the Village
of Old Brookville reserves the right to pursue any and all remedies
available at law or in equity, including, but not limited to, those
set forth in Articles 13 and 19-A of the Real Property Actions and
Proceedings Law, and the Building Inspector is hereby authorized to
take any and all action specified thereunder.
Whenever the Building Inspector or Code Enforcement Officer determines that an emergency exists which requires immediate action to protect the public health, safety and welfare, he may issue an order, in writing, to the owner, agent or occupant reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any party to whom such order is directed shall comply therewith immediately. If such party does not respond within a reasonable time to address the emergency, then the Building Inspector or Code Enforcement Officer shall have the power to abate, correct or remove the emergency, and any expenses, including any legal expenses, incurred by the Village of Old Brookville shall be borne by the owner, occupant, or other parties responsible as defined in §
210-5.
The requirements and standards set forth in the Property Maintenance
Code of the State of New York 2012, and all revisions and amendments
thereto shall be controlling in the Incorporated Village of Old Brookville.
Where permitted by the Property Maintenance Code of the State of New
York, it is the intent of the Board of Trustees to implement greater
minimum standards within the Village of Old Brookville.