Village of Briarcliff Manor, NY Property Maintenance

The existence of unsanitary or deteriorating building and property conditions can endanger the well-being of the public, jeopardize the security of private property, and adversely affect the value of surrounding buildings and properties. It is the purpose of this chapter to provide basic and uniform standards governing the maintenance, appearance and condition of all buildings and properties within the Village to promote the economic well-being of the Village and ensure the health, safety and welfare of its residents.

§ 161-2 Compliance required.

It is the responsibility of every owner, occupant or tenant to keep their property in a well maintained and sanitary appearance and condition so as not to adversely affect the value and condition of surrounding properties and the neighborhood.

It shall be unlawful for the owner, tenant, or occupant of any property to maintain any of the following conditions on their property:

(1)

Attractive nuisances, including, but not limited to, abandoned, broken or neglected structures, equipment, excavations, wells or shafts.

(2)

Litter and debris.

(3)

Overgrown and unsightly conditions resulting from overgrown grass or vegetation on established lawns, or hazardous conditions from damaged, dead, or leaning trees or branches.

(4)

Outside storage of more than one unlicensed motor vehicle, or one or more inoperative vehicle or vehicle in disassembly or disrepair, or in the process of being stripped or dismantled, except for licensed auto repair or body shops operating in a lawfully designated commercial district.

(5)

Inadequate drainage systems, including but not limited to poorly maintained gutters, culverts, catch basins, stormwater systems, or stagnant ponds other than approved retention areas or reservoirs.

(6)

A compost pile other than one located in a rear or side yard, of reasonably defined size, and maintained in such manner not to produce offensive odors or visual impact at any property line.

(7)

Firewood, except when: i) stacked neatly in a rear or side yard; ii) free of rotting wood or brush, or any other condition that attracts rodents or other vermin or is prejudicial to good health and a clean environment; iii) placed and maintained to minimize visual disturbance from any property line.

Broken or unsecured:

Roofs;

Gutters;

Siding;

Chimneys;

Fencing;

Retaining walls;

Outdoor lighting fixtures;

(h)

Pools or spas;

(i)

Accessory structures;

(j)

Windows;

(k)

Doors, exits, or entryways;

(l)

Any other structural element.

(9)

Broken or exposed electrical wires or electrical equipment.

(10)

Unfinished or abandoned construction which has not been issued a current valid building permit.

(11)

Graffiti or signs not in compliance with the Village Zoning Code,[1] on the exterior of any building, fence or other structure in any front yard, side yard, rear yard or vacant lot.

[1]

Editor's Note: See Ch. 220, Zoning.

(12)

Unresolved fire damage.

(13)

Presence of vermin, rodent harborage or infestation.

It shall be unlawful for the owner, tenant, or occupant of any property to foster or promote the growth of poison ivy, ragweed, plants detrimental to health, or other poisonous or invasive plant species, as defined by the State of New York, or the County of Westchester, or as otherwise adopted by the Village of Briarcliff Manor through resolution of the Board of Trustees. Any such hazardous or invasive plants located within 30 feet of any property line must be promptly removed by the current owner or his designee, on notification from a neighboring property owner or Code Enforcement Officer.

It shall be unlawful for the owner, tenant, or occupant of any property to install, maintain, divert, or reroute any drainage facility that creates, or is likely to create, significantly new runoff onto any neighboring property. The owner, tenant, or occupant of any property shall:

(1)

Foster proper drainage of surface and subsurface water to protect buildings and structures;

(2)

Prevent the development of stagnant ponds;

(3)

Properly maintain gutters, culverts, catch basins, drain inlets, stormwater sewers and other privately owned drainage systems; and

(4)

Keep all drainage systems free and clear of debris, growth or any other blockage which may impede proper drainage.

It shall be unlawful for the owner, tenant, or occupant of any property to fail to be in compliance with any other provision of the Code of the Village of Briarcliff Manor or Property Maintenance Code of the State of New York.

§ 161-3 Penalties for offenses.

Any owner or occupant who violates any provisions of the Property Maintenance Code of the State of New York or this chapter shall be subject to a penalty of up to $250.

§ 161-4 Compliance procedures.

Pursuant to the authority provided in Sections 106 and 301 of the Property Maintenance Code of the State of New York, the following compliance procedures are established:

If an owner or occupant of such property fails to maintain property in accordance with the provisions of Property Maintenance Code or this chapter, a Code Enforcement Officer shall serve a written notice of violation upon such owner or occupant by personal delivery, or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the property owner's last known address.

If an owner or occupant fails, neglects, or refuses to comply with the notice of violation within 30 days of service of the notice of violation as set forth in Subsection A above, the Village is hereby authorized and empowered to perform, or have performed, the maintenance so required and pay the cost and expenses of such remediation on behalf of such owner or occupant.

The costs and expenses of any such remediation advanced by the Village under this chapter, including all penalties, shall be charged against the owner of the property. An itemized memorandum of the costs and expenses incurred by the Village shall be mailed to the persons charged with the violation by certified mail, return receipt requested. The owner or occupant shall pay to the Village all costs and expenses incurred by the Village in curing such violation and all penalties associated with the violation within 30 days of the receipt of the itemized memorandum of costs.

In the event that the amount due to the Village by the owner or occupant is not paid within 30 days following the mailing of the costs and expenses, such costs and expenses shall become and remain a lien upon the property that was the subject of the violation and shall be added to and become part of the property taxes to be assessed and levied upon such property by the Village and shall bear interest at the same rate as and be collected and enforced in the same manner as unpaid taxes, until such time as such costs and expenses and interest are fully paid.

§ 161-5 Supplemental remedies.

In addition to the remedies set forth in this chapter, the Village reserves the right to pursue any and all remedies available for lack of compliance, including, but not limited to, those set forth in Articles 13 and 19-A of the New York State Real Property Actions and Proceedings Law, and the Building Inspector is authorized to take any and all action specified in these articles.

§ 161-6 Emergency situation.

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 action authorized under this chapter is taken immediately, then the Building Inspector shall have the power to abate, correct or remove the emergency, and any costs and expenses incurred by the Village abating, correcting or removing the emergency shall be charged to the owner of the property at issue. In the event that the amount due to the Village by the owner is not paid within 30 days following notification by the Village, the costs and expenses shall become and be a lien upon the property involved and shall be added to and become part of the property taxes next to be assessed and levied upon such property by the Village and shall bear interest at the same rate as and be collected and enforced in the same manner as taxes.

§ 161-7 Severability.

If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in this operation to the clause, sentence, paragraph, section or part thereof directly involved in a litigation in which said judgment shall have been rendered.

§ 161-8 Repealer.

When effective, this chapter repeals the former Chapter 161, Property Maintenance, and its predecessors, including Ordinance No. 89, adopted on January 26, 1955, and Ordinance No. 169, adopted on June 4, 1970.