This chapter shall be known and cited as "Property Maintenance."
[Amended 7-23-2018 by L.L. No. 3-2018]
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 on private roads and upon property within
the Village of Upper Brookville; to provide basic and uniform standards
governing the maintenance, appearance and condition of all structures
and properties, whether improved or unimproved, residential, commercial,
or otherwise and private roads. Private roads, structures and properties
within the Village shall be maintained in conformity with the standards
set out in this chapter so as to assure that these structures and
properties and private roads will not adversely affect the neighborhood
and the community at large. It is found and declared that by reason
or lack of appropriate maintenance and progressive deterioration,
certain structures and properties have the further effect of creating
blighting conditions, and that if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same. By reason of timely regulations and restrictions
as herein contained, the growth of blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of the neighborhoods enhanced and the public health,
safety and welfare protected and fostered. It is the intent, therefore,
of the Village that blight be identified, abated and eliminated and
that any and all conditions which pose a threat to the health and
safety of the public or to property within the Village be eliminated
and to provide for the elimination of such conditions by the Village
upon the failure of responsible parties to do so and for the assessment
of the cost thereof against the owners, occupants or other persons
as set forth in this chapter.
The following definitions are applicable to this chapter only:
BLIGHTED PROPERTY
Property characterized by one or more of the following conditions;
the Building Inspector or the Code Enforcement Officer can determine
whether property is blighted: boarded windows, doors, entryways or
exits; broken or unsecured windows; excessive litter or debris; overgrown
grass or other overgrown vegetation or shrubbery inconsistent with
the ambiance of the Village; roofs, gutters, siding/shingles, chimney,
shutters, and/or accessory structures, including, but not limited
to, decks, sheds, porches, pools, pool houses or cabanas, garages,
carports, storage units, front and rear porches, outside statuary,
and/or fish ponds which are broken, unsecured, or in disrepair; junk
vehicles, salvage, or scrap property; graffiti; fencing which is broken,
unsecured or in disrepair; outdoor lighting fixtures which are broken,
unsecured or in disrepair; electrical wires, electrical equipment
or extension cords which are broken, exposed or hazardously utilized;
unfinished or abandoned construction; damaged, dead or fallen trees
or limbs in conspicuous areas; fire damage to property which has not
been repaired or restored; 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/or
general welfare of the Village; and presence within/upon an outdoor
area or the improper storage of:
A.
Refrigerator, washing machine, sink, stove, heater, boiler,
tank, other household appliances, boxes or indoor furniture for a
period in excess of seven days; and/or
B.
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, equipping, remodeling, repair or demolition of structures,
property or roads as well as materials consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal
and storm-related cleanup. Such materials include but are not limited
to: bricks, concrete and other masonry material, soil, rock, wood,
wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation,
roofing shingles, asphaltic pavement, glass, window frames, electrical
wiring and components, plastics, carpeting, foam padding, linoleum,
metals, or any combination thereof which is incidental to construction,
excavation, renovation, equipping, remodeling, repair or demolition.
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, drawing, staining, carving, etching
or other marking, made by use of chalk, paint, ink, aerosol spray
can, knife, pencil or any other marking device and/or material, of
any word, name, lettering, inscription, figure, design, or other representation,
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.
PRIVATE ROAD
The following private roads shall be deemed private roads
applicable to this chapter: Barnside Lane, Bel Air Court, Canon Lane,
Carol Lane, Centre View Drive, Charles Way, Chestnut Hill Court, Chestnut
Hill Drive, Clews Drive, Colonial Drive, Covey Court, Crosswood Lane,
Dogwood Court, Equestrian Court, Fairway Court, Farmwoods Lane, Filasky
Court, Fox Run, Hunt Court, Juniper Drive, Laurel Woods Drive, Overbrook
Lane, Peacock Lane, Pond View Drive, Revere Court, Shelter Lane, Sterling
Lane, Stirrup Drive, Quail Path, Red Fox Lane, Valerie Drive, Wash
Hollow Road, West View Drive, Winding Lane and Wood Hill Lane.
[Added 7-23-2018 by L.L.
No. 3-2018]
PRIVATE ROAD ASSESSMENT
The current condition and state of repair of the roadway
of a private road as determined by the Village Engineer, or such other
Village representative as designated by the Board of Trustees, applying
the roadway rating assessment procedures and criteria. The private
road assessment shall assess and identify a private road's performance,
condition and suitability for its legal users and identify and recommend
maintenance and reconstruction needs for the private road to meet
the designated minimum assessment level as shall be established by
the Board of Trustees.
[Added 7-23-2018 by L.L.
No. 3-2018]
PRIVATE ROAD ASSESSMENT RATING
The rating given a private road by the Village Engineer or
designated Village representative pursuant to the roadway rating assessment.
[Added 7-23-2018 by L.L.
No. 3-2018]
PRIVATE ROAD USER
The current property owner who has the legal right to access
the private road, either by easement of record, or easement by prescription.
[Added 7-23-2018 by L.L.
No. 3-2018]
PRIVATE ROAD USER'S MAINTENANCE CONTRIBUTION
The current allocation of maintenance expense for the private
road that is shared by the property owners who have legal rights to
access the private road, which is either legally allocated by easement
of records, or if there is no easement of record, maintenance obligation
to be shared by New York State common law on equal allocation among
users.
[Added 7-23-2018 by L.L.
No. 3-2018]
ROADWAY
That paved portion of a private road ordinarily used for
motor vehicle traffic.
[Added 7-23-2018 by L.L.
No. 3-2018]
ROADWAY RATING ASSESSMENT
Pavement condition assessment criteria established by resolution
of the Board of Trustees in order to assess and quantify pavement
condition, roadway surface distress, structural capacity and safety
conditions of a private road.
[Added 7-23-2018 by L.L.
No. 3-2018]
RUBBISH
Includes all discarded or worthless nonputrescible solid
wastes consisting of both combustible and noncombustible wastes, including
but not limited to paper and paper products, rags, wrappings, cigarettes,
cardboard, tin cans, yard clippings, wood, glass, metals, plastics,
tires, bedding, cloth, crockery, furniture, appliances, batteries
and other automotive parts, paint and paint products, petroleum products
and similar items.
SOLID WASTE
Includes all putrescible and nonputrescible materials and
substances discarded or rejected as having served their original intended
use or as being spent, useless, worthless or in excess to the owner
at the time of such discard or rejection, 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 any person to create, cause or maintain any condition which causes property to be blighted or fails to abate any such condition. It shall be a violation of this chapter for any person to fail to maintain property in accordance with the requirements of §
164-4. For purposes of this chapter, "any person" shall include the owner, occupant, tenant, contractor, or vendee in possession, when the owner or occupant has caused or allowed the property to deteriorate or otherwise fall into a state of disrepair or blight, the operator, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm, or corporation directly or indirectly in control of property or part thereof.
[Amended 11-21-2022 by L.L. No. 2-2022]
A. Notice
to remedy. If conditions existing on property violate the provisions
of this chapter, the Building Inspector or Code Enforcement Officer
shall serve or cause to be served a written notice to remedy such
violation upon the owner or owner's agent and upon any known lessee
or occupant of said premises. Said notice shall contain substantially
the following:
(1) The
name of the owner as set forth on the Tax Assessor's record and any
known lessee or occupant of the premises.
(2) The
address or location of the premises.
(3) The
identification of the premises as the same appears on the current
assessment roll.
(4) A statement
of the conditions on the property deemed upon inspection to be in
violation of this chapter and proposed corrective action to be taken
by the Village.
(5) A demand
that the violation of this chapter be cured on or before 10 days after
the service or mailing of such notice.
(6) A statement
that a failure, refusal or neglect to comply with the provisions of
this chapter and the notice given pursuant thereto within the time
specified may result in a duly authorized officer, agent or employee
of the Village entering upon the property and removing or otherwise
curing such violation.
(7) A statement
that the cost and expense of the corrective action taken by the Village,
including legal fees and an administrative fee equal to 15% of the
cost and expense of the corrective action, shall be assessed against
the described property and shall constitute a lien thereon to be collected
as provided by law for the collection of delinquent taxes.
(8) A statement that any aggrieved party, within seven business days of receiving a notice of remedy, shall have the right to request in writing to the Village Clerk to be heard pursuant to the enforcement procedures in Subsection
B.
B. Enforcement
procedure:
(1) For
violations involving maintenance of property other than a building:
(a) Notice of remedy may be served by any of the following methods, personal
delivery, email or US mail.
(b) Within seven business days of receiving the notice of remedy any aggrieved party may request to be heard why the notice of violation was not warranted, or that the condition does not fall within the regulation of this chapter. The Village Clerk shall provide the date, time, and location at which a representative designated by the Village Board of Trustees will hear the aggrieved party on why the issuance of the notice of violation was in error, or that the condition does not fall within the regulation of this chapter. If found by the Village representative that the notice of violation was warranted and that the corrective measure was not timely addressed or corrected, the Village representative shall authorize the corrective action specified in Subsection
A(4) of this section.
(2) For
violations involving maintenance of a building:
(a) Notice of remedy shall be served only by any of the following methods,
personal delivery to a person of suitable age and discretion at the
dwelling place of the person to be served; or by certified mail, return
receipt requested, at the last known dwelling place of the person
to be served.
(b) Within 10 business days of serving the notice of remedy, any aggrieved party may request to be heard why the notice of violation was not warranted, or that the condition does not fall within the regulation of this chapter. The Village Clerk shall provide the date, time, and location at which a representative designated by the Village Board of Trustees will hear the aggrieved party on why the issuance of the notice of violation was in error, or that the condition does not fall within the regulation of this chapter. If found by the Village representative that the notice of violation was warranted and that the corrective measures were not timely addressed or corrected, the Village representative shall authorize the corrective action specified in Subsection
A(4) of this section.
(3) Determination
by Village representative that corrected action be taken:
(a) Upon a determination by the Village representative that corrective
action needs to be taken, the Village Board of Trustees is empowered
to authorize officers, agents or employees of the Village to enter
onto the property to remove any materials stored, deposited, placed
or maintained in violation of this chapter and dispose of or otherwise
destroy the same, or otherwise repair the property or cure any condition
in violation of this chapter.
(b) Any costs and expenses, plus legal fees and an administrative fee
equal to 15% of such costs and expenses, incurred by the Village when
acting pursuant to this chapter to bring the property into conformity
with the provisions of this chapter are required to be immediately
reimbursed to the Village upon written notice requesting same. Failure
to reimburse the Village shall result in any costs and expenses being
assessed against the property involved and shall constitute a lien
thereon to be placed on the property's tax bill and levied upon and
collected as provided by law for the collection of delinquent taxes.
Any person or persons, association, firm or corporation who violates any provision of this chapter shall be guilty of a violation, punishable as provided for in Chapter
1, General Provisions, §
1-3 of this Code. The Building Inspector is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. The Village Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution or other penalties.
In addition to the remedies set forth in this chapter, the Village
of Upper Brookville 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, and 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 an
order, in writing, 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 meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately. Any party
to whom such order is directed shall comply therewith immediately.
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
of Upper Brookville shall be borne by the owner, occupant, or other
parties responsible for the condition.
The requirements and standards set forth in the Property Maintenance
Code of the State of New York 2012 and all revisions and amendments
thereto shall be controlling in the Incorporated Village of Upper
Brookville. 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 Upper Brookville.
[Added 7-23-2018 by L.L.
No. 3-2018]
A. Every private road user shall be jointly responsible with the other
private road users for the maintenance of their private road to the
designated private roadway assessment rating for the type of road,
taking into account the number of private road users. The private
roadway assessment rating criteria shall be as established by resolution
of the Board of Trustees. Upon the written request of 66 2/3%
of the private road users of any private road, the Village shall conduct
a private road assessment. The written request shall list the name
and address of all private road users and their private user maintenance
contribution, along with the road assessment fee for the Village Engineer.
Upon receipt of the request and fee, the Village Engineer shall perform
the private road assessment to determine the road assessment rating
and provide recommendations for either repair, maintenance or reconstruction.
B. If the private road assessment is found substandard, notice of the
determination of the Village Engineer, along with his report, finding
and recommendation shall be sent to every private road user for the
private road that was assessed, along with notification of the action
to be taken, the time frame allotted for compliance and each private
road user's maintenance contribution that will be required. The form
of notice, notice procedures and hearing requirements shall comply
with the provisions of § 130-8 above as applicable.
C. After a public hearing is held, the Board of Trustees may determine
that corrective action needs to be taken to address any substandard
conditions noted in the Village Engineer's findings and report. Upon
30 days' written notice to all private road users affected, the Board
of Trustees may authorize in their discretion the corrective action
to be taken. All costs and expenses (including legal fees) ("expenses")
shall be assessed to all private road users, but prorated to each
private road user based upon their private user maintenance contribution.
Failure of a private user to reimburse the Village for the private
user's pro rata share of the expenses shall result in those expenses
being assessed against the private road user's property, as a lien
to be included on the defaulting private road user's property tax
bill and collected as provided by law for the collection of delinquent
taxes.