This chapter shall be known and cited as "Property Maintenance."
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 Matinecock.
This chapter will provide basic and uniform standards governing the
maintenance, appearance and condition of structures and properties,
whether improved or unimproved. This chapter requires that structures
and properties within the Village 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.
The following definitions are applicable to this chapter only:
BLIGHTED PROPERTY
Property characterized by one or more of the following conditions,
that the Building Inspector or the Code Enforcement Officer has determined
exists; boarded windows, doors, entryway s or exits; broken or unsecured
windows; excessive litter or debris; overgrown grass or other overgrown
vegetation or shrubbery inconsistent with the character of the Village;
building exterior in disrepair; junk vehicles, salvage, or scrap maintained
on the property; graffiti; fencing which is broken, unsecured or in
disrepair; outdoor lighting fixtures which are inoperable; abandoned
construction; damaged, dead or fallen trees or limbs which present
a danger other than woodland areas; fire-damaged property which has
not been timely repaired or restored; open roofs to interior (open
or closed structure); 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 general
welfare of the Village. Blighted property shall also include properties
that contain outdoor storage of the following:
A.
Household appliances, boxes or furniture for a period in excess
of seven days;
B.
Unused 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, repair or demolition of structures, property or roads;
vegetation resulting from land clearing, utility line maintenance
and seasonal and storm-related cleanup.
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, or other permanent marking, 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.
SOLID WASTE
Includes all putrescible and nonputrescible materials and
substances discarded, including but not limited to household and commercial
garbage, industrial waste, rubbish, debris, litter and ashes.
It shall be a violation of this chapter for the owner, occupant,
tenant, contractor, or vendee in possession either directly or indirectly
cause or allow the property to fall into a state of disrepair in accordance
with this chapter.
In addition to the remedies set forth in this chapter, the Village
of Matinecock 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, arid 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 a written
order 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 address the emergency. Notwithstanding the other provisions of
this chapter, such order shall be effective immediately. Any party
to whom such order is directed shall immediately comply. 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 shall be borne
by the owner, occupant, or other parties responsible.