This chapter shall be known and cited as the "Property Maintenance
Code of the Incorporated Village of Malverne."
It is the intent and purpose of this chapter to provide for
and ensure the proper maintenance of property and to prevent unsafe,
hazardous or dangerous conditions upon property within the Village
of Malverne. It is the intent of the Village that any and all conditions
which pose a threat to the health, safety, or welfare of the public
or to the property within the Village of Malverne be eliminated by
the owner of record or tenant in possession of the offending property.
Upon the owner's or occupant's failure to eliminate such conditions,
the Village may cause to have said conditions eliminated and assess
the cost thereof against the owner of record or tenant in possession
of the offending property as set forth in this chapter.
Owners of property within the Village of Malverne, or tenants
or occupants or mortgagees or vendees in possession, assignees of
rents, receivers, executors, trustees, lessees, sublessees, agents
or any other person, firm or corporation directly or indirectly in
control of any premises, building or part of property within the Village
shall be responsible for compliance with this chapter.
In addition to the other penalties set forth in this chapter,
any person, upon conviction of a violation of this chapter, shall
be punishable by a fine of $250 to $1,000, 15 days' imprisonment,
or both. Upon conviction of a second or subsequent violation of this
chapter within a twelve-month period, any person shall be punishable
by a fine of $1,000 to $2,500, 30 days' imprisonment, or both. In
addition, such person shall be subject to an injunction prohibiting
and otherwise preventing any further violations. Nothing in this chapter
precludes the Village of Malverne from seeking any other available
remedies at law.
The requirements and standards set forth in the property maintenance
code of the State of New York, and all revisions and amendments thereto,
shall be controlling in the Incorporated Village of Malverne. 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 Malverne.
Whenever the Building Inspector or enforcement official finds
that an emergency exists which requires immediate attention to protect
the public health or safety, s/he may, without notice or hearing,
issue an order reciting the existence of such emergency and require
that such action be taken as s/he deems necessary to address the emergency.
Notwithstanding any other provisions of this chapter, such order shall
take effect immediately. Any person to whom such order is directed
shall comply therewith immediately. Upon petition to the Building
Inspector, said person shall be afforded a hearing as soon as practicable.
[Added 5-1-2013 by L.L.
No. 4-2013]
A. Purpose. The planting or growing of bamboo has been determined to
be a community problem due to the destructive nature of the plant
to uproot asphalt, concrete and fences of adjoining property owners.
Bamboo has a remarkable ability to propagate and spread at an alarming
rate, causing harm to adjoining landowners. For this reason, the Board
of Trustees has determined it to be necessary to prohibit the planting,
growing or maintaining of bamboo on outdoor improved or vacant unimproved
property (excluding the inside of a residence as a plant).
B. Prohibitions. It shall be unlawful for any owner, agent of such owner,
and/or any person, firm or corporation in possession of any improved
real property or vacant unimproved real property, excluding the possession
of a plant inside a residence, within the Village of Malverne, to
permit planting, growing and/or maintaining of bamboo, whether originating
on said property or encroaching thereon from any neighboring property.
The term "bamboo" shall be defined as any tropical or semi-tropical
grass of the genera Bambura, Dendrocalamus, or of any other related
genera.
C. Penalties for offenses.
(1) The Department of Buildings (i.e., Building Inspector) has the authority
to issue a summons for a violation of the provisions of this section.
If necessary, the Department of Buildings can issue a summons once
per week in the event an owner, owner's agent, person or corporation
fails to remedy an existing condition after being notified by the
Department of Buildings of a bamboo condition by being issued an initial
summons and failing to remedy the condition within seven days after
receipt of the initial summons.
(2) A violation of this section shall be punishable by a fine of not
more than $350 for any such violation or an individual may be subject
to up to 15 days' incarceration.