[Added 7-19-2022 by L.L.
No. 2-2022]
Consistent with the New York State Uniform Fire Prevention and
Building Code and the New York State Property Maintenance Code and
the standards contained therein, it is hereby declared by the Board
of Trustees of the Village of Belle Terre that all improved properties
shall be maintained in conformity with the provisions of this chapter
so as to assure the desirable character of the property, to prevent
blight and the spread thereof and to prevent hazards to the public
health, safety and welfare.
[Added 7-19-2022 by L.L.
No. 2-2022]
A. Surface
and subsurface water shall be appropriately drained to protect buildings
and structures, to prevent damage to adjacent property and to prevent
the development of stagnant ponds. Swimming pools, spas, hot tubs
and other structures erected for recreational use shall be maintained
so as to avoid the stagnation of the water contained therein.
B. Fences
and other minor construction shall be maintained in a safe and substantial
condition.
C. Steps,
walks, driveways, parking spaces and appurtenances and other paved
areas shall be maintained so as to afford safe passage for pedestrian
traffic and motor vehicle traffic under normal use and weather conditions.
Holes or other hazards shall be immediately filled or otherwise repaired
or replacements carried out.
D. Maintenance
of landscaping.
(1) All
landscaping shall be maintained so that lawns, hedges, bushes and
trees shall be kept trimmed and free from becoming overgrown and unsightly,
constituting an unsafe condition or blight. The owner of any lot containing
a grass lawn shall cause such grass lawn to be cut whenever necessary
so that such grass lawn does not exceed six inches in height. The
owner of any lot containing brush, rubbish and/or noxious weeds shall
cause such brush, rubbish and/or noxious weeds to be cut whenever
necessary so that such brush, rubbish and/or noxious weeds do not
exceed three inches in height. All such brush, rubbish and/or noxious
weeds shall immediately be removed from the premises upon such cutting.
(2) Any
such violation shall also serve to authorize the Building Inspector,
upon seven days' written notice to said owner, to cut and remove such
grass, brush, rubbish and/or noxious weeds as is provided above. In
such event, the cost and expense of such cutting and removal shall
be assessed against the premises, shall become the personal liability
of the owner of such lot and shall be a lien upon such lot to be paid/collected
pursuant to law, or added to the Village property tax bill.
E. All garbage,
crates, rubbish, refuse or debris shall be kept inside the building
or buildings on the premises, or in an acceptable enclosed container,
and shall be regularly collected and removed from the premises.
F. No portable
storage unit or receptacle shall be permitted on a parcel for more
than four weeks, unless the property benefits from an open and valid
building permit. If the property benefits from an open and valid building
permit, said portable storage unit may remain until either the building
permit expires or a certificate of occupancy and/or compliance is
issued for the work described in the permit, whichever occurs first.
Thereafter, the portable storage unit must be removed.
G. No dumpster
shall be permitted in the front yard or side yard of a residential
property for more than four weeks, unless the property benefits from
an open and valid building permit. If the property benefits from an
open and valid building permit, said dumpster may remain in the front
yard or side yard until either the building permit expires or a certificate
of occupancy and/or compliance is issued for the work described in
the permit, whichever occurs first. Thereafter, the dumpster must
be removed.
H. Yards,
courts, play areas and vacant lots shall be kept clean and free of
physical hazards. They 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 to prevent access
by the public.
I. 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.
Where it reasonably appears that there is present a clear and
imminent danger to the life, safety or health of any person or property,
unless a hazardous condition caused by trees, branches, brush, etc.,
is remedied, the Building Inspector may immediately cause the removal
or repair of the hazardous condition. The expenses of such removal
or repair shall be charged to the owner and become a lien upon the
land.
[Amended 7-19-2022 by L.L. No. 2-2022]
A. The violation of any provision of this chapter shall be punishable
by a fine of not less than $250 per day or by imprisonment for not
more than 15 days, or both.
B. Any person who shall remove, injure, deface, mutilate or destroy
or cause to be removed, injured, defaced, mutilated or destroyed any
trees, flowers, shrubs, grass plots or other property along the public
streets of the Village in violation of this chapter shall, in addition
to the penalties prescribed above, replace any destroyed or damaged
vegetation to the satisfaction of the Board of Trustees, its designee
or the Building Inspector.