For purposes of this article, the following words or phrases shall have the meaning described below:
ABANDONED BUILDING OR STRUCTUREAny building or structure which has not been actively utilized for a lawful purpose, which has not been maintained, and which has not been rendered inaccessible to members of the public by boarding or similar means, for a continuous period of not less than six months.
ABATETo repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this article by using means in such manner and to such an extent as the applicable Village Code Enforcement Officer or designee(s) of the Village board determines are necessary in the interest of the general health, safety and welfare of the community;
CONTROLThe power or ability to regulate, restrain, dominate, counteract or govern property, property conditions, or conduct or events that occur on a property;
ENFORCEMENT OFFICERThe Village Code Enforcement Officer, or any other designee of the Village Board of Trustees;
PERSON RESPONSIBLE FOR PROPERTY or PERSON RESPONSIBLEUnless otherwise defined, any person who has titled ownership of the property or structure which is subject to this article, an occupant in control of the property or structure which is subject to this article, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to this article and/or any person who has control over the property and allows a violation of this article to continue;
PERSONNatural person, joint venture, partnership, association, club, company, corporation, business trust, organization or other entity, or the manager, lessee, agent, officer or employee of any of them;
PREMISES and PROPERTYMay be used by this article interchangeably; any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as residential or commercial property;
PUBLIC NUISANCEOne which adversely affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Public nuisances include but are not limited to:
A. Any property or portion thereof which, as the result of the development, use and/or conditions created thereon, has become unsafe, injurious to health, indecent, offensive to the senses, or which constitutes a fire hazard, or which may have a deleterious impact on the monetary values and enjoyment of neighboring properties;
Any unsafe building or structure.
Any substandard housing or dwelling.
RENTAL UNITAny structure or that part of a structure, including but not limited to, a single-family home, room or apartment, which is rented to another and used as a home, residence, or sleeping place by one or more persons.
UNSAFE BUILDING OR STRUCTUREThat the condition or defect hereinafter described exists to the extent that life, health, property or safety of the public or its occupants are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than 1 1/2 times the working stress or stresses allowed in the Village Building Code and New York State Building Construction Code for new buildings of similar structure, purpose or location;
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Village Building Code and the New York State Uniform Fire Prevention and Building Code for new buildings of similar structure, purpose or location;
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of 1/2 of that specified in the New York State Uniform Fire Prevention and Building Code for new buildings of similar structure, purpose or location, without exceeding the working stresses permitted in the New York State Uniform Fire Prevention and Building Code for such buildings;
Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of similar new construction;
Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration or decay, faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation, or any other cause, is likely to partially or completely collapse;
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
Whenever the building or structure, exclusive of the foundation, shows 33% or more damage to or deterioration of its supporting member or members, or 50% damage to or deterioration of its nonsupporting members, enclosing or outside walls or coverings;
Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated through lack of maintenance, as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful acts;
Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66%, of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;
Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the enforcement officer, to be unsanitary, unfit for human habitation or in such condition that is likely to cause sickness or disease;
Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, faulty gas connections or heating apparatus, faulty construction, or other cause, is determined to be a fire, health, or safety hazard;
Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure;
Whenever any building or structure is abandoned;
UNSAFE USE OF PROPERTYIn addition to the conditions described in the definition of "unsafe building or structure" in this section, that one or more of the following conditions or defects are present in a dwelling unit, guest room, suite of rooms or the premises on which the same are located, or a condition created on the property through use of the property, which is ordinarily and customarily used for human habitation, to the extent that the life, limb, health, safety or property of the occupants or the public are in danger:
A. Inadequate sanitation, which shall include but are not be limited to the following:
(1) Lack of or inadequate water closet, lavatory, bathtub or shower;
Lack of or inadequate kitchen sink;
Lack of hot and cold running water to plumbing fixtures;
Lack of adequate heating facilities;
Lack of or inadequate operation of required ventilation equipment;
Lack of required electrical lighting;
Excessive dampness of habitable rooms;
Infestation of insects, vermin or rodents;
Lack of connection to functional sewage disposal system;
Discharge of sewage on the surface of the ground; and
Lack of an adequate and safe water supply.
Structural hazards, which shall include but are not limited to the following:
(1) Deteriorated or inadequate foundations;
Defective or deteriorated flooring or floor supports;
Flooring or floor supports of insufficient size to carry imposed loads with safety;
Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration;
Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;
Fireplaces or chimneys which list, bulge or have settled, due to defective materials or deterioration;
Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety; and
Cesspools and septic tanks which are structurally unsound.
Hazardous plumbing, which includes but is not limited to the following:
(1) Any trap which is defective, unprotected against siphonage and back-pressure by vent pipe or does not have a functional sanitary trap seal;
Any plumbing fixture or other waste-discharging receptacle or device which is not supplied with sufficient water for flushing to maintain it in a clean condition; and
Any other plumbing condition which is sanitarily unsafe to any person whom may occupy the building.
Hazardous mechanical equipment.
Faulty weather protection, which includes but is not limited to the following:
(1) Deteriorated, crumbling or loose plaster,
Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors,
Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering, and
Broken, rotted, split or buckled exterior wall or roof coverings.
Fire hazard, which shall mean any building (or portion thereof), device, apparatus, equipment, combustible waste vegetation which is likely to provide a ready source of fuel to augment the spread and intensity of a fire or explosion.
Faulty material of construction.
Hazardous or unsanitary premises, which shall mean those premises on which an accumulation of weeds, vegetation, junk, abandoned refrigerators/freezers, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, hazardous materials, and similar materials or conditions constitute fire, health or safety hazards.
The presence, disposal, release or threatened release of hazardous substances, or hazardous wastes, on, from or under the property. The terms "disposal," "release." "threatened release," "hazardous substances" and "hazardous wastes" shall have definitions assigned thereto by the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601, as amended.