[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge 1-18-1994 by L.L.
No. 1-1994 (Ch. 105 of the 1992 Code). Amendments
noted where applicable.]
In response to numerous complaints the Village of Woodridge
has received from residents concerning the maintenance of buildings
and properties within the Village, the Village has determined that
it is appropriate to establish standards for general maintenance of
properties, buildings and structures within the Village to contribute
to the public welfare, safety and good order of its residents and
prevent the creation of blighting conditions, and in order to protect
and preserve the property within the Village of Woodridge.
A.
Open areas.
(1)
Surface and subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds.
(2)
No shopping baskets, carts or wagons shall be left unattended or
standing, and such baskets, carts or wagons shall be regularly collected
and removed to the interior of the building or buildings from which
they were taken by the person responsible for such building or buildings.
(3)
All fences shall be maintained by the owner and/or occupant of the
property. Such maintenance shall include but not be limited to the
replacement and/or repair of fences which may become in disrepair.
(4)
All stairs, steps, walks, driveways, parking spaces and similarly
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. The holes or other hazards that
may exist shall be filled and necessary repairs or replacements carried
out by the owner and/or occupant of the property.
(5)
Yards, courts and vacant lots shall be kept clean and free of physical
hazards and rodent harborage and infestation by the owner and/or occupant
of the property. Said property 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 to the public.
B.
Buildings and structures.
(1)
All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
deterioration or weathering.
(2)
Every 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.
(3)
The foundation walls of every building shall be maintained in good
repair and be structurally sound.
(4)
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 buildings. Materials
which have been damaged or show evidences of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner
within a reasonable amount of time. Exterior walls, roofs and other
parts of the building shall be free from loose and unsecured objects
and material. Such objects or materials shall be removed, repaired
or replaced.
(5)
The owner of a vacated building shall take such steps and perform
such acts as may be required of him or her 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 the public.
(6)
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 to generally accepted practices
and be in conformance with all state and federal rules, regulations
and ordinances applicable thereto.
Within the Village of Woodridge, the following regulations regarding
to brush, grass and weeds shall be applicable:
A.
It shall be unlawful for any owner, lessee or occupant, or any agent,
servant, representative or employee thereof, having control of any
occupied or unoccupied lot or land, or any part thereof in the Village:
(1)
To permit or maintain on any such lot or land any growth of weeds,
grass or other rank vegetation to a greater height than six inches.
(2)
To permit any accumulation of dead weeds, grass or brush, or rotted
or dead trees or brush which have fallen or in the opinion of the
Village Code Enforcement Officer create a potential hazard of falling
if not cut back or removed.
(3)
To permit or maintain on or along the sidewalks, street or alley
adjacent to such lot, or land between the property line and the curb,
or between the property line and the traveled parts of such street
or alley where there is no curb, any growth of weeds, grass or other
vegetation to a greater height than four inches.
B.
It shall also be unlawful for any person to cause, suffer or allow
poison ivy, ragweed or other poisonous plants or plants detrimental
to health to grow on any such lot or land in such manner that any
part of such ivy, ragweed or other poisonous or harmful weed or plant
shall extend upon, overhang or border any public place or to allow
seed, pollen or other poisonous particles or emanations therefrom
to be carried through the air into any public place.
C.
It shall be the duty of any and every owner, lessee or occupant of any lot or land to cut and remove or to kill by spraying, or to cause to be cut and removed or killed by spraying, all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Subsections A and B.
D.
If the provisions of Subsections A, B and C are not complied with, the Village, through its Code Enforcement Officer, shall serve written notice, personally or by mail, upon the owner, occupant or any person having control of any such lot or land to comply with the provisions of this chapter. Mailing by regular mail to the owner's address on file in the Village Clerk's office shall be deemed sufficient notice seven days after mailing.
[Amended 11-21-2016 by L.L. No. 5-2016]
(1)
If the person upon whom the notice is served fails, neglects or refuses
to cut and remove or cause to be cut and removed such weeds, grass
or other vegetation within seven days after mailing by the Village
Clerk of such notice, the Code Enforcement Officer shall cause such
weeds, grass and other vegetation on such lot or land to be cut and
removed, and the actual cost of such cutting and removal, plus a service
charge of 50% thereof to cover the cost of supervision and administration,
shall be certified by the Code Enforcement Officer to the Village
Clerk, and such certified amount shall thereupon become and be a lien
upon the property on which said weeds, grass and other vegetation
were located and shall be added to and become and form part of the
taxes next to be assessed and levied upon such lot or land and shall
bear interest at the same rate as Village real estate taxes and shall
be collected and enforced in the same manner as such taxes.
(2)
The owner, occupant or any person having control over any lot, land
or property found in violation of this provision shall be notified
in writing only once in any given six-month period for a particular
violation. Subsequent violations of a similar nature at the same location
during the same six-month period shall be corrected by the Village
or its agent without notice to the owner, occupant or person having
control of said property. After initial notification, such owner,
occupant or person having control of said property will be presumed
to have been given sufficient notice of a similar infraction for the
entire six-month period.
The following rules and regulations as to closing of retail
establishments shall apply to all retail establishments in the Village
of Woodridge:
A.
The retail establishment and surrounding area, i.e., garbage and
dumpster area, shall be left broom clean.
B.
Front windows shall be left clean; windows may be boarded up in accordance
with the criteria hereinafter set forth.
C.
If boarded up, all openings are to be covered with plywood having
a minimum thickness of 3/8 inch. Plywood must be made to fit evenly
in window and door openings. No overlapping of scrap pieces is to
be used. All plywood is to be painted with tan or beige exterior paint.
If blinds are chosen, they are to be pulled down to the window sill
evenly. Blinds are to be in properly working order and acceptable
in appearance.
D.
Except for all permanent signs, all promotional signs and the tape
used to hold these signs in place must be removed from all surfaces.
E.
The owners/proprietors shall leave their telephone numbers and addresses
with the Police and Building Departments of the Village of Woodridge
so they might be promptly contacted if necessary.
F.
The owners/proprietors shall make arrangements with the Code Enforcement
Officer for a store closure inspection within 10 days of closing and
receive the approval of the Department.
A.
Maintenance.
(1)
Any swimming pool located within the Village of Woodridge shall be
maintained as required by the laws of the State of New York and rules
and regulations of its agencies.
(2)
Any owner and/or operator of a swimming pool in the Village of Woodridge
shall maintain the swimming pool in compliance with the rules and
regulations of the New York State Department of Health, and, in particular,
no water shall be permitted to remain in a swimming pool that is not
in compliance with such rules and regulations.
(3)
No owner or operator of a swimming pool shall operate a swimming
pool within the Village of Woodridge where the clarity of the water
does not permit one observing the swimming pool to see the bottom
of said pool.
B.
Deterioration.
(1)
When a swimming pool is permitted to deteriorate so that:
(a)
It is no longer usable for the purpose for which it is constructed;
(b)
It is no longer of capable of holding water;
(c)
Its water filter system or supply is no longer usable;
(d)
If a metal pool, it is rusting, rotting and becoming unsightly;
or
(e)
In the case of a concrete swimming pool, the concrete is falling,
broken, cracked and/or chipped.
(2)
Upon finding of the Village Code Enforcement Officer that any of
the aforementioned conditions exist, the swimming pool must be repaired
and brought to a usable condition within 30 days after written notice
is delivered in person or mailed by certified mail to the owner's
last known address as shown on the rolls of the Village Assessor of
the Village of Woodridge.
(3)
Upon failure to make such repairs within the thirty-day period as
provided above, a notice of hearing shall be served upon the owner
in the manner in which the notice of repair was served as set forth
above, returnable before the Village Board at least 10 days after
service, at which time the Village Board shall conduct a hearing and
make a determination whether or not the swimming pool is in such condition
that it must be removed or repaired and issue an order to perform
said repair work or removal within a reasonable time as determined
by the Village Board.
(4)
Upon the failure of the owner to repair or remove the swimming pool,
the Village shall fill said swimming pool with gravel or other appropriate
material, cover it with topsoil and charge the cost against the owner,
which cost shall be 1 1/2 times the direct cost incurred by the
Village to cover the cost and expense of administration and supervision.
(5)
All unpaid delinquent charges and penalties shall constitute a lien
on the real property upon which the swimming pool is located, and,
upon failure of the landowner to pay the charges as set forth above,
said charges shall be added to the next succeeding Village tax bill
of the landowner and levied and enforced in the same manner and at
the same time as may be provided by law for the collection and enforcement
of Village taxes.
[Amended 4-4-1994 by L.L.
No. 3-1994]
Any person, firm or corporation violating any provision of this
chapter shall be guilty of a violation, punishable by a maximum fine
of $250 or by imprisonment for not more than 15 days, or both, for
each violation. For purposes of this section, each day shall constitute
a separate violation.
A.
Whenever the Village Code Enforcement Officer shall find that a violation
of this chapter exists which, in his opinion, requires immediate action
to abate a direct hazard or immediate danger to the health, safety,
morals or welfare of the occupants of a building or of the public,
he may issue an order citing the violation and directing that such
action be taken as is necessary to remove or abate the hazard or danger.
Such order may include an order to vacate the premises in question.
Notwithstanding any other provisions of this chapter, such an order
shall be effective immediately upon service and shall be complied
with immediately or as otherwise provided.
B.
Whenever any violation of this chapter which, in the opinion of the Village Code Enforcement Officer, causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or the public has not been corrected in the time specified by an order issued by the Village Code Enforcement Officer, the Code Enforcement Officer may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such order shall be recovered in the same manner as referred to in § 295-5B(5).