[HISTORY: Adopted by the Board of Trustees
of the Village of Coxsackie 12-12-1979 by L.L. No. 11-1979; amended in its entirety 6-12-2017 by L.L. No. 5-2017. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 38.
Unsafe buildings — See Ch. 43.
Dogs and other animals — See Ch. 53.
Junk storage — See Ch. 78.
Junkyards — See Ch. 79.
Littering — See Ch. 82.
Manufactured and modular homes — See Ch. 87.
Noise — See Ch. 89.
Snow and ice removal — See Ch. 124.
Solid waste — See Ch. 126.
Zoning — See Ch. 155.
All residential, commercial and industrial premises within the
Village of Coxsackie, whether developed or vacant, shall be maintained
in conformity with the provisions of this chapter and the current
New York State Property Maintenance Code so as to assure the desirable
character of the property.
As used in this chapter, the following terms shall have the
meanings indicated:
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes,
including but not limited to offices, places of public assembly, shopping
centers, supermarkets, retail stores, warehouses, manufacturing or
fabrication plants, gasoline stations and other business uses.
An open and unoccupied space on a lot and enclosed on at
least three sides by the walls of a building.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food, including containers
in which packaged.
The presence of insects, rodents, vermin or other pests.
A vehicle which cannot be driven upon the public streets
for reason including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
Garbage, refuse and rubbish, as herein defined, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare or creates
unsightliness.
A parcel of land, with or without buildings or structures
located thereon.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
All putrescible and nonputrescible solid wastes, including
garbage. rubbish, ashes, street cleanings, dead animals, and solid
market and industrial wastes.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
Any building or part thereof which remains unoccupied for
a period of more than six months, with either doors, windows or other
openings broken, removed or boarded or sealed up, or any building
under construction upon which little or no construction work has been
performed for a period of more than six months.
An open space on the same lot with a structure.
The provisions of this chapter shall supplement local laws,
codes or regulations existing in the Village of Coxsackie and the
other statutes and regulations of municipal authorities having jurisdiction
applicable thereto. Where a provision of this chapter is found to
be in conflict with any provision of a local law, ordinance, code
or regulation, the provision or requirement which is more restrictive
or which establishes the higher standard shall prevail.
A.
Surface and subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers
or other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge.
B.
Fences and other minor construction shall be maintained in a safe
and structurally sound condition.
C.
Steps, walks, driveways, 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
and necessary repairs or replacement carried out.
D.
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 dust or other particles from being blown
about the neighborhood. Open wells, cesspools or cisterns shall be
securely closed or barricaded from access to the public.
E.
Lawns and landscaping shall be maintained with all dead shrubs and/or
trees removed or replaced. Heavy undergrowth and accumulations of
plant growth which are noxious or detrimental to health shall be eliminated.
Any trees or portions thereof located on private property and constituting
a hazard to persons or property shall be removed.
F.
The owner or occupant of any lot or parcel of land fronting on a
public street in the Village of Coxsackie shall be required to maintain
the grass, weeds and brush on the premises and right-of-way at a height
no higher than 10 inches or at the direction of the Superintendent
of the Department of Public Works.
G.
An inoperable motor vehicle may not be parked, stored or left in
the open unless it is undergoing active repair or restoration, which
is completed within one year. The Code Enforcement Officer is authorized
to make exceptions on a case-by-case basis, such as for long-term
storage of a vehicle belonging to a family member serving in the military
or away at school.
A.
Business units, as defined herein, shall at all times be maintained
in compliance with the provisions of this chapter regulating open
spaces, buildings or structures and littering.
B.
No outside storage or accumulation of refuse, including garbage and
rubbish, shall be permitted at any time, and all such refuse shall
be kept inside the building or buildings on the premises, or in an
acceptable enclosure, and shall be regularly collected and removed
from the premises.
C.
No shopping baskets, carts or wagons shall be left unattended or
standing in open areas, and same shall be collected at the close of
business each day by the occupant of such unit and removed to the
interior of the building or buildings or arranged neatly against the
building and secured against removal by chains or other appropriate
means.
D.
No mobile refrigeration unit shall be operated on the premises after
the closing of the business conducted thereon unless such mobile refrigeration
unit is electrically operated.
E.
No truck or other vehicle shall be loaded or unloaded outside the
confines of the building or buildings on the premises before 7:00
a.m. or after the business conducted on the premises has been closed
to the public in such a manner as to cause excessive noise or disturbance
to the adjoining properties.
F.
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include
but shall not be limited to the maintenance and cutting of lawns and
the replacement and/or repair of fences which may become in disrepair.
A.
All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
deterioration or weathering.
B.
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 the collapse of the same
or injury to the occupants of the building or to the public.
C.
The foundation walls of every building shall be maintained in good
repair and shall be structurally sound.
D.
Exterior walls, roofs and all openings 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, improperly secured and unsecured
objects and material. Such objects or materials shall be removed,
repaired or replaced.
E.
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.
F.
Buildings and structures shall be maintained in such a condition
so that they shall not become unoccupied hazards, as defined in this
chapter. All graffiti or defacing shall be removed and the surface
finish restored within a five-day period.
G.
All signs and lighting systems shall be maintained in a completely
operable, clean and safe condition.
H.
All decorative pools and similar devices shall be maintained free
of litter and operated as intended. Should the maintenance costs of
such devices prove unacceptable, the device shall be converted to
landscaped planting beds.
A.
Grounds, 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 approved processes
that will not be injurious to human health.
B.
Where the potential for rodent or vermin infestation exists, windows
and other openings shall be appropriately screened with wire mesh
or other suitable materials.
A.
Residential, commercial and industrial premises, whether developed
or vacant, shall be maintained free of litter; provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of refuse, garbage and rubbish in accordance
with the provisions of applicable codes.
C.
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first completely removing any locking
devices and all doors.
D.
Dumpsters, other than temporary dumpsters rented for short-term cleanups,
and similar large receptacles shall be shielded from the public view
by means of appropriate landscaping or architectural screening.
E.
Shopping centers, supermarkets and similar business units shall provide
permanent, attractive litter receptacles within the premises for public
use in sufficient quantity to prevent a person from walking in excess
of 50 feet to use one receptacle.
An occupant of the premises shall be responsible for compliance
with this section in regard to the following:
A.
Limiting the occupancy of that part of the premises which they occupy
or control to the maximum permitted by the Village Code.
B.
Maintenance of that part of the premises which they occupy or control
in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities
in that part of the premises which they occupy or control, in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
D.
Keeping exits from the building clear and unencumbered.
E.
Disposal of refuse, garbage and rubbish into provided facilities
in a clean and sanitary manner, in accordance with the provisions
of the Village Code.
F.
Extermination of insects, rodents or other pests within the premises.
G.
Maintenance of yards, lawns and courts in a clean, sanitary and safe
condition and free from infestation insofar as said occupant occupies
or controls said yards, lawns and courts or any parts thereof.
H.
Keeping of domestic animals and pets in an appropriate manner and
under control.
I.
Elimination of all prohibited uses for that part of the premises
which said occupant occupies, controls or has accessibility thereto.
A.
Owners of premises 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 certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners and operators of buildings shall be responsible for the proper
installation, maintenance, condition and operation of service facilities
and for furnishing adequate heat and hot water supply where they have
contracted to do so.
C.
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 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 Mayor 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 or 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.
A.
Whenever the owner or occupant of any lot or parcel of land fronting on a public street in the Village of Coxsackie shall fail to maintain the grass, weeds and brush on the premises and in the right-of-way as specified in § 106-4F above, it shall be the duty of the Superintendent of the Department of Public Works to cut the same, and the expense thereof shall be a lien upon the property and shall be charged and assessed against the same.
B.
Violations of this chapter shall be punishable by a maximum fine
or by imprisonment, as determined by the schedule adopted by the Village
Board of Trustees by the Village of Coxsackie.
