[Added 1-3-2012 by L.L. No. 1-2012]
A. Surface and subsurface water shall be drained to prevent damage to
buildings and structures and to prevent development of stagnant water.
Gutters, culverts, catch basins, drain inlets, stormwater sewers or
other satisfactory drainage systems shall be provided and properly
grated and/or covered and utilized. In no case shall the water from
any rain leader be caused or allowed to flow over the sidewalk or
adjoining property.
B. Fences and retaining walls shall be maintained in a safe condition.
C. In the case of multifamily premises and commercial premises, steps,
walks, driveways, parking spaces and similar paved areas shall be
maintained so as to afford safe passage under normal use and weather
conditions. Within 12 hours after the cessation of snowfall, snow
shall be plowed or shoveled from all steps, walks, driveways and parking
areas used or intended to be used by tenants, occupants, customers,
invitees or other members of the public.
D. In the case of multifamily premises and commercial premises, all
driveways and parking spaces provided shall be kept in good repair,
and such driveways and parking spaces shall be regularly cleaned to
avoid accumulation of dirt, paper and other debris.
E. Dead or incurably diseased trees shall be taken down, and the diseased
portion thereof removed and destroyed. Trees shall be kept pruned,
and dead wood shall be removed.
[Added 1-3-2012 by L.L. No. 1-2012]
All structures and exterior property shall be kept free from
insects, vermin and rodent infestations. Where vermin or rodents are
found, they shall be promptly exterminated by approved processes which
will not be injurious to human health. After extermination, proper
precautions shall be taken to eliminate vermin and rodent harborage
and prevent reinfestation.
[Added 11-5-2012 by L.L. No. 6-2012; amended 6-1-2021 by L.L. No. 5-2021]
A. Permit required. Before placing a portable on-demand unit on his
or her property, a property owner or tenant must submit an application
and receive a permit from the Village Building Inspector. An insurance
certificate providing liability insurance in the amount of $100,000,
provided by the third party supplying the portable on-demand unit,
must accompany the application. There is no fee for a thirty-day permit
for the first portable on-demand storage unit per every six-month
period. For every additional portable on-demand storage unit requested
within a six-month period, a fee will be required in accordance with
the fee schedule as adopted and amended from time to time by the Village
Board of Trustees. Applications may be obtained from the Village Building
Inspector.
B. Duration.
(1)
Permits will be granted for a period of 30 days. At the expiration
of the thirty-day period, applicants may seek to extend their permit
for an additional 30 days by seeking an extension for cause from the
Village. The fee for each thirty-day extension will be in accordance
with the fee schedule as adopted and amended from time to time by
the Village Board of Trustees. No one shall be given any more than
two permits in any six-month period. A maximum of 90 days is allowed
in any one consecutive twelve-month period.
(2)
In the event of fire, hurricane, natural disaster, or other
emergency causing substantial damage to the structure, the property
owner may apply to the Village Building Inspector for permission to
extend the time that a portable on-demand storage unit may be located
as a temporary structure on the property. Application for such extended
duration shall be made in writing and filed with the Village Building
Inspector and shall give sufficient information to determine whether
such extended duration should be granted. The Building Inspector shall
determine whether or not to grant such extended duration and the length
of such extension. In the event of an adverse decision by the Building
Inspector, the applicant may appeal such decision to the Village Board
of Trustees by filing a written appeal describing why he or she needs
additional time in which to have the portable on-demand storage structure
on his or her property. The decision by the Board of Trustees shall
be final.
C. Location. Portable on-demand storage units are prohibited from being
placed in streets or in the front yard of a property. Portable on-demand
units must be kept in the driveway of the property at the furthest
accessible point from the street. All portable on-demand unit locations
must be placed on paved off-street surfaces. The applicant must obtain
preapproval of the location by the Village Building Inspector in the
following situations:
(1)
If the property does not have a driveway;
(2)
If the location of the unit in the driveway is in the front
yard of the property; or
(3)
The property is a corner lot.
D. Number of units. Only one portable on-demand storage unit may be
placed at any residential property at a given time.
E. Exceptions. The above regulations do not apply to open containers
commonly known as "dumpsters" used for the removal of construction
debris or other refuse. In addition, a permit for a portable on-demand
storage unit is not required when:
(1)
The portable on-demand storage unit is on a property for seven
days or less over a period of six consecutive months.
(2)
Use of the portable on-demand storage unit is by a governmental
entity.
F. Prohibited. No portable on-demand storage unit shall be used to store
solid waste, construction debris, demolition debris, recyclable materials,
business inventory, commercial goods, goods for property other than
at the residential property where the portable on-demand storage unit
is located or any other illegal or hazardous material. Upon reasonable
notice to the applicant, the Village of Buchanan Building Inspector
may inspect the contents of any portable on-demand storage unit at
any reasonable time to ensure that it is not being used to store said
materials.
G. Penalties for offenses.
(1)
Any person violating this section may be subject to a civil
or criminal penalty, enforceable and collectible by the Village, in
an amount up to $500 or six months' imprisonment, or both such
fine and imprisonment. Each week's continued violation is considered
a separate violation. Nothing contained in the preceding section of
this chapter shall prevent the Village Board from maintaining an action
or proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provisions of this chapter or any rules or regulations promulgated
hereunder.
(2)
Any portable on-demand storage unit which is not removed at
the end of the time for which it may lawfully remain in place, or
immediately upon the direction of the Building Inspector or a law
enforcement officer for removal of such temporary unit for safety
reasons, may be removed by the Village immediately, without notice,
and the cost of such removal, together with the cost of administration
of its removal, may be assessed against the property on which the
temporary portable on-demand storage unit was located and may be filed
as a lien against such property by the Village.
It shall be a violation of this chapter for a resident of the
Village of Buchanan or an owner of lands located within the Village
of Buchanan to create, cause, maintain or permit to continue the following
conditions:
A. Buildings and structures on lands owned by an owner or occupied by
a resident as herein defined, along with the signs appurtenant thereto,
where the exterior exposed surfaces of said buildings and structures
are not inherently resistant to deterioration and said exposed surfaces
have not been maintained, repaired, coated, treated or sealed with
a protective coating of paint or other suitable preservative to prevent
said exterior exposed surfaces from becoming unsightly due to deterioration
and weathering of said surfaces.
B. The accumulation of any filth, dirt, ashes, junk, garbage, wastewater,
raw sewage, sewage, wastepaper, dust, rubbish, sticks, stones, wood
(including log piles exposed to the weather and elements), leaves,
paper or paper boxes, iron, tin, nails, bottles or glass of any kind,
old cars and parts thereof, discarded appliances, such as refrigerators
and the like, upon lands owned by said owner or occupied by said resident.
C. Lands upon which grass, leaves, hedges, bushes and/or trees have
become untrimmed and overgrown and unsightly when said grass, leaves,
hedges, bushes and/or trees are exposed to public view.
D. Any hazardous condition or terrain, grading or drainage, as regulated by Chapter
159, Soil Disturbances and Excavations, or construction, in or upon property used, owned or occupied by said owner or resident, wherein said hazardous condition shall constitute a menace to the property, lines, mains, streets, sidewalks, equipment, structures or buildings owned by the Village or by adjoining property owners.
Upon receipt of a complaint or upon personal observation that
a resident of the Village of Buchanan or an owner of property located
within the Village of Buchanan has allegedly violated any of the provisions
of this chapter, the Building Inspector or other authorized official
shall promptly make an investigation of said condition. Simultaneously,
the Building Inspector or other authorized official shall notify the
resident and owner of said lands located within the Village of Buchanan
accused of violating the provisions of this chapter pursuant to provisions
hereinbelow of this chapter, and a copy of said notice shall be forwarded
to the Village Board of Trustees for review and action consistent
with the provisions of this chapter hereinbelow. Said notice shall
indicate the date of meeting during which the report of the Building
Inspector or other authorized official will be reviewed and examined
by the Board of Trustees and shall indicate that the owner or resident
will be given the opportunity to answer the allegation of said complaint.
If the Board of Trustees, after reviewing the report of the
Building Inspector or other authorized official and hearing the resident
or owner accused of violating the provisions of the chapter, shall
find that a violation exists, it shall cause a notice to be served
to said resident informing him that the violation must be corrected
within five days, on failure of which the Village will cause the condition
to be corrected or removed and the cost thereof assessed against the
property as provided herein below under the provisions for administration
and enforcement.
In the event that the Village of Buchanan determines that the
Village shall cause the condition to be corrected or removed, as provided
hereinbelow, the Building Inspector or other authorized official shall
submit a written report thereof to the Board of Trustees within 10
days of said determination to cause the correction or removal. Said
report shall describe the actions to be taken and shall include a
compilation of all costs and expenses to be incurred by the Village.
At the next regularly scheduled meeting of the Board of Trustees,
the Board shall confirm said costs and expenses as an assessment against
the real property involved, as provided hereinbelow, by duly adopted
resolution, and shall issue a directive to cause the correction or
removal as so determined. A copy of said resolution shall be mailed
to the address of the resident involved, as said address appears upon
the latest assessment roll of the Village of Buchanan. A lien of special
assessment shall thereupon arise as provided for hereinbelow and by
the Village Law of the State of New York. Said assessment shall be
collected in the manner provided for hereinbelow and by the Village
Law of the State of New York.