All residential, commercial and industrial premises within the Village of Valatie, whether improved or vacant, shall be maintained in conformity with the provisions of this chapter so as to assure the desirable character of the property.
[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 11-11-1980 by L.L. No. 18-1980 (Ch. 101 of the 1980 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A building or combination of buildings and the lot on which the same is located, used wholly or in part for commercial purposes, including but not limited to offices, places of public assembly, shopping centers, supermarkets, retail stores, warehouses, manufacturing or fabrication plants, gasoline stations and other business uses.
An open and unoccupied space on a lot and enclosed on at least three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin or other pests.
Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or an abandoned condition.
Garbage, refuse and rubbish, as herein defined, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
A plot, tract, premises or parcel of land, with or without buildings or structures located thereon.
All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Any building or part thereof which remains unoccupied for a period of more than six months, with either doors, windows or other openings broken, removed or boarded or sealed up, or any building under construction upon which little or no construction work has been performed for a period of more than six months.
An open space on the same lot which contains a building and is located between the building line and the lot line which the particular building line faces.
The provisions of this chapter shall supplement local laws, codes or regulations existing in the Village of Valatie and the other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this chapter is found to be in conflict with any provision of a local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.
A.
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.
B.
Fences and other minor construction shall be maintained in a safe and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled and necessary repairs or replacement carried out.
D.
Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
E.
Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health shall be eliminated. Any trees or portions thereof located on private property and constituting a hazard to persons or property shall be removed.
F.
A junked vehicle may not be parked, stored or left in the open. Nothing in this chapter shall be construed to prohibit the active and ongoing restoration of vehicles, provided that such restoration is complete within one year.
A.
Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this chapter regulating open spaces, buildings or structures and littering.
B.
No outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time, and all such garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings on the premises, or in an acceptable enclosure, and shall be regularly collected and removed from the premises.
C.
No shopping baskets, carts or wagons shall be left unattended or standing in open areas, and the same shall be collected at the close of business each day by the occupant of such unit and removed to the interior of the building or buildings or arranged neatly against the building and secured against removal by chains or other appropriate means.
D.
No mobile refrigeration unit shall be operated on the premises after the closing of the business conducted thereon unless such mobile refrigeration unit is electrically operated.
E.
No truck or other vehicle shall be loaded or unloaded outside the confines of the building or buildings on the premises, before 7:00 a.m. or after the business conducted on the premises has been closed to the public, in such a manner as to cause excessive noise or disturbance to the adjoining properties.
F.
All fences and planting areas installed on the premises shall be maintained by the owner of the property. Such maintenance shall include but shall not be limited to the maintenance and cutting of lawns and the replacement and/or repair of fences which may become in disrepair.
A.
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
B.
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, exterior wall, roof and porch or appurtenance thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.
C.
The foundation walls of every building shall be maintained in good repair and shall be structurally sound.
D.
Exterior walls, roofs and all openings around doors, windows, chimneys and other parts of the building shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner. Exterior walls, roofs and other parts of the building shall be free from loose, improperly secured and unsecured objects and material. Such objects or materials shall be removed, repaired or replaced.
E.
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.
F.
Buildings and structures shall be maintained in such a condition so that they shall not become unoccupied hazards, as defined in this chapter. All graffiti or defacing shall be removed and the surface finish restored within a five-day period.
G.
All signs and lighting systems shall be maintained in a completely operable, clean and safe condition.
H.
All decorative pools and similar devices shall be maintained free of litter and operated as intended. Should the maintenance costs of such devices prove unacceptable, the device shall be converted to landscaped planting beds.
A.
Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.
B.
Where the potential for rodent or vermin infestation exists, windows and other openings in basements or cellars shall be appropriately screened with wire mesh or other suitable materials.
A.
Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with the provisions of applicable codes.
C.
No refrigerator may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking devices and all doors.
D.
Dumpsters and similar large receptacles shall be shielded from the public view by means of appropriate landscaping or architectural screening.
E.
Shopping centers, supermarkets and similar business units shall provide permanent attractive, decorated litter receptacles within the premises for public use and sufficient quantity to prevent a person from walking in excess of 50 feet to use one receptacle.
An occupant of the premises shall be responsible for compliance with this section in regard to the following:
A.
Limiting the occupancy of that part of the premises which he occupies or controls to the maximum permitted by the Village Code.
B.
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities in that part of the premises which he occupies or controls, in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
D.
Keeping exits from his building clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner, in accordance with the provisions of the Village Code.
F.
Extermination of insects, rodents or other pests within his premises.
G.
Maintenance of yards, lawns and courts in a clean, sanitary and safe condition and free from infestation insofar as said occupant occupies or controls said yards, lawns and courts or any parts thereof.
H.
Keeping his domestic animals and pets in an appropriate manner and under control.
I.
Elimination of all prohibited uses for the part of the premises which he occupies, controls or has access thereto.
A.
Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
B.
Owners and operators of buildings shall be responsible for the proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply where they have contracted to do so.
C.
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Village as executor, administrator, trustee, guardian, operator or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this chapter and shall be bound to comply with the provisions of this chapter to the same extent as the record owner; and notice to any such person or any order or decision of the Mayor shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this chapter.
[Amended 12-11-1984 by L.L. No. 9-1984.]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.