It shall be unlawful for any owner, lessee or occupant of any occupied or unoccupied lot or piece of land, or any part thereof, within the City of New Rochelle to cause, permit or maintain on any such lot or land or on or along the sidewalk or street adjacent to the same, between the property line and the curb, or the edge of the street pavement, if there is no curb, an accumulation of rubbish, trash, garbage, litter, debris or discarded objects or things of any kind, and it shall be the duty of any owner, occupant or lessee to so maintain the lot or land or any part thereof that no such accumulation shall occur thereon.
[HISTORY: Adopted by the Council of the City of New Rochelle 9-18-1984 by Ord. No. 228-1984. Amendments noted where applicable.]
[Added 4-17-1990 by Ord. No. 96-1990; amended 6-16-1992 by Ord. No. 137-1992; 9-27-1994 by Ord. No. 210-1994; 7-18-2000 by Ord. No. 131-2000; 12-13-2005 by Ord. No. 5-2005; 6-23-2009 by Ord. No. 97-2009; 10-15-2024 by Ord. No. 2024-161; 10-21-2025 by L.L. No. 5-2025]
A.
When the street-level premises of a mixed-use or commercial building in the City of New Rochelle, which is located other than in the Central Parking Area as shown on the Zoning Map under § 331-7 of the Zoning Code and which is visible to the public from an adjoining sidewalk or street, becomes vacant and remains vacant for a period in excess of 30 days, such premises shall be cleared out to broom-clean condition and its interior made fully visible to such adjoining sidewalk or street. All windows of such street level premises shall be kept in clear, good and unobstructed condition.
B1.
When the street-level premises of a building which is located in the Central Parking Area, as shown on the Zoning Map under § 331-7 of the Zoning Code, and which is visible to the public from an adjoining sidewalk or street becomes vacant and remains vacant for a period in excess of 30 days, the glass of its street-level premises shall be covered, either inside or outside, with a graphically designed covering which is constructed of heavy-duty material suitable for long-term use. The material of such covering shall be ultraviolet stabilized. Such covering shall provide ten-percent visibility through that portion of streetfront glass located between 48 inches and 72 inches above the sidewalk. The design, material, and method of installation of such covering shall be subject to prior approval of the Department of Development, in consultation with the Municipal Art Commission.
B2.
As an alternative to the provisions of Subsection B1 above, application may be made to the Municipal Art Commission to create an artistic display on or behind the streetfront glass, provided such display does not block visibility through that portion of streetfront glass located between 48 inches and 66 inches above the sidewalk level. Approval for this alternative shall be at the sole discretion of the Municipal Art Commission.
C.
As an alternative to the provisions of Subsection A above, where the Building Official has determined that full visibility to the interior of a building is not in the public interest, the Building Official may order the owner, lessee or other responsible individual or entity of such mixed-use or commercial building to place a covering to block the view of the interior of the premises to public view. The covering shall be of such material as provided below that shall conceal the interior of the premises from public view. Said covering shall allow for not less than a three-by-three-inch and not more than a five-by-three-inch opening in any covering.
(1)
In no instance shall this covering consist of any substance sprayed on said windows or doors or of wooden boards, including but not limited to plywood, placed over said windows or doors, but rather may consist of the following which shall be maintained in a clean and neat condition:
(2)
If said opening is protected by a temporary enclosure, that enclosure shall be in conformance with the Building Code for fire ratings and shall be in harmony with the architectural character of the structure.
D.
When a Lot located in a commercial or mixed-use zoning district, which Lot is visible to the public from an adjoining sidewalk or street, becomes vacant and remains vacant without any use and/or new construction for more than six months, the owner of such Lot shall erect a wrought-iron fence on such Lot along each property line which fronts on a public right-of-way and shall plant evergreen vegetation on such Lot directly behind and at the same height as such fence.
(1)
This requirement may be waived by the Building Official based on one or more of the following:
(a)
The Lot has a currently valid building permit for construction on such Lot and construction is scheduled to commence within 30 days of the issuance of such permit;
(b)
The Lot has a currently valid site plan approval and/or zoning variance and an application for a building permit for construction on such Lot has been filed with the Building Official; and/or
(c)
The installation of such fence and vegetation would significantly impair traffic sight lines so as to create a public hazard or risk.
(2)
The height, design, location, and spacing of such fence and evergreen plantings shall be determined and ordered by the Building Official, based on the following factors:
(3)
In no event shall the height exceed six feet.
E.
Vacant storefront registry.
(1)
Purpose. The purpose of this section is to promote the economic vitality, public safety, and visual quality of New Rochelle's commercial corridors by establishing a Vacant Storefront Registry to monitor and reduce prolonged vacancies. Long-term unmaintained vacancies undermine property values, impede pedestrian activity, and strain municipal resources. This registry provides a proactive mechanism to track vacancies, engage property owners, ensure minimum maintenance standards, and facilitate timely reuse. A public-facing database will enhance transparency, and a modest, tiered registration fee shall support program administration and enforcement.
(2) BUILDING OFFICIAL STOREFRONT VACANT STOREFRONT(a) (b) (c) (d) (e)
Definitions.
The Building Commissioner of the City of New Rochelle or authorized designee.
Any ground-floor, street-facing commercial space in a zoning district permitting commercial, retail, or public-facing uses, with a transparent window or door visible from the public right-of-way.
A storefront shall be deemed vacant if unoccupied and not in active use for a permitted business or public-facing function for 90 consecutive days, based on the earliest of the following:
Expiration of business license or certificate of occupancy;
Observable vacancy (e.g., unfurnished, no signage, visibly inactive);
Utility disconnection or significant drop in usage;
Cessation of active leasing, marketing, or permitted renovations; or
Date reported by property owner or confirmed via inspection.
(3)
Registration of vacant storefronts required. Owners must register a vacant storefront within 30 days of reaching the 90-day vacancy threshold. Registration shall include:
(a)
Registration information:
[1]
Property address and tax ID;
[2]
Square footage;
[3]
Owner or corporate officer contact information or authorized agent for service;
[4]
Broker or property manager contact;
[5]
24-hour emergency contact;
[6]
Date vacancy began;
[7]
Intended use or timeline for leasing;
[8]
Current photo of storefront exterior and interior;
[9]
Proof of active property insurance; and
[10]
Any additional information as required by the City.
(b)
Registration is valid for 12 months and must be renewed annually. The City may initiate registration if the owner fails to comply.
(c)
The owner must report occupancy changes to the Building Official within 30 days.
(4)
Required Signage or Window Graphic. Within 60 days of registration, and at the sole expense of the owner, all registered vacant storefronts shall display signage or window covering graphic as follows:
(a)
Within the Vanguard Overlay Zone. Storefronts located within the Vanguard Overlay Zone shall install, from the interior, a City-approved full vinyl window graphic using a template provided by the Department of Development. The graphic shall include the owner or agent's contact information, leasing contact (if applicable), and a 24-hour emergency contact. The graphic shall be weather-protected, properly mounted, and maintained in good visual condition.
(b)
All other areas. A sign no smaller than 8.5" x 11" shall be posted inside the front-facing window and clearly visible from the public right-of-way. The sign shall include the owner or agent's contact information, leasing contact (if applicable), and a 24-hour emergency contact. The sign shall be legible, weather-protected, and maintained in good condition.
(5)
Maintenance of vacant storefront. All vacant storefronts must be maintained in compliance with New York State Property Maintenance Code, applicable state and local building, sanitation, and safety codes, and the following minimum standards:
(a)
Facade, doors, and windows shall be structurally sound and weather-tight;
(b)
Broken or boarded glass is prohibited unless approved and visually compatible with the building;
(c)
Sidewalk and adjacent areas shall be free of trash, weeds, graffiti, and snow;
(d)
Existing exterior lighting shall remain functional to deter vandalism;
(e)
Architectural features, including awnings, cornices, and signage, shall be intact and properly maintained; and
(f)
Any required signage or window graphics pursuant to § 250-2E(4) shall be kept clean, legible, and promptly replaced if damaged or deteriorated.
(6)
Fees. Annual registration fees, as provided in Chapter 133, shall be due at registration and annually thereafter for as long as the storefront remains vacant. Fees collected shall be deposited into a designated City fund to offset the cost of administering and enforcing the vacant storefront registration program.
(7)
Exemptions. The Building Official may grant an exemption from registration fees upon written request by the owner, supported by documentation demonstrating that:
(8)
Violations and penalties.
(a)
Failure to register a vacant storefront within the required timeframe shall constitute a violation subject to enforcement. A court citation may be issued, and a fine of $50 per day of noncompliance shall be imposed, not to exceed $1,500 per violation. Each month of continued non-registration constitutes a separate and distinct offense.
[Added 11-20-1990 by Ord. No. 271-1990]
A.
The exterior of all property and every structure shall be maintained in a clean and sanitary condition.
B.
All exterior surfaces of a structure or premises, including but not limited to walls, window treatments, facades, windows, doors, canopies and billboards, shall be maintained in a clean, safe and sanitary condition. All graffiti or defacing of any exterior structure or premises shall be removed and the surface finish restored within a forty-eight-hour period.
[Amended 5-20-1997 by Ord. No. 104-1997]
C.
No exterior surface of a structure or premises, including but not limited to windows and window treatments, shall be covered so as to conceal the interior of the premises to the public view except as provided in § 250-2B.
[Added 6-18-1996 by Ord. No. 134-1996]
D.
The installation and maintenance of exterior security grilles are subject to the requirements of § 331-21 of the Zoning Code. Interior security grilles may be installed inside a building, window, provided that 70% of the grille surface permits visibility into the interior of the building.
[Added 6-17-2008 by Ord. No. 131-2008]
[Added 11-20-1990 by Ord No. 272-1990; amended 6-25-1991 by Ord. No. 154-1991]
A.
Dumpsters, garbage containers and garbage storage areas (or bins) are an accessory use for commercial, industrial and multifamily building trash storage. A permit shall be obtained from the Bureau of Buildings. Conformance with the following regulations shall be required:
(1)
Dumpsters, containers or storage areas shall be enclosed on three sides with dense evergreen screening, solid fencing or solid brick walls which shall be as high as the receptacle but no lower than 48 inches high. An opaque gate shall be provided on the fourth side to facilitate cleaning, filling and emptying the dumpster or area.
(2)
The dumpster or gate shall be locked to prohibit unauthorized use.
(3)
The area around the dumpster and/or bin shall be kept clean at all times.
(4)
No trash shall be permitted to be stored outside the dumpster or garbage area. The dumpster shall be promptly emptied when full. Each receptacle shall have a cover and shall be fully closed at all times.
(5)
The dumpster, container or storage area shall be placed on an impervious pad.
B.
Dumpsters or containers may be placed on public property for a limited amount of time upon obtaining a permit from the Department of Public Works.
C.
Use of dumpsters in residential areas shall require temporary permits, which shall be authorized by the Bureau of Buildings for a period not exceeding 30 days.
D.
On the premises of one- and two-family dwellings, garbage containers and bins placed in the front yard shall be screened with evergreen or solid fencing not to exceed four feet in height.
E.
All nonconforming preexisting dumpsters, containers or garbage storage areas shall comply with the requirements of this section within 12 months of the adoption of this section.
[Added 5-20-1997 by Ord. No. 104-1997[1]]
A.
Prohibited growths. It shall be unlawful for any owner, lessee, occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City of New Rochelle to permit or maintain on any such lot or land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or middle of the alley or the edge of the street pavement if there is no curb any growth of weeds, grass or other rank vegetation to a greater height than six inches or any accumulation of dead weeds, grass or brush. It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, overhang or border any public place or allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
B.
Duty of owner, lessee or occupant. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 250-5A.
[Added 5-20-1997 by Ord. No. 104-1997; amended 12-13-2005 by Ord. No. 5-2005]
In the event that an owner of an occupied or unoccupied lot shall fail to maintain the same as required by this Chapter, the Building Official may serve written abatement notice and may cause such work to be undertaken by or on behalf of the City, pursuant to the procedures set forth in Section 200 of the City Charter.
[Added during codification; amended 4-17-1990 by Ord. No. 96-1990; 11-15-1994 by Ord. No. 255-1994; 10-16-2007 by Ord. No. 238-2007]
Any person found guilty of an offense against this Chapter or the State Code shall be punishable by a fine of not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this Chapter, or by imprisonment for not more than 15 days, or both. Each and every day a violation continues shall be considered a separate and additional violation.