[HISTORY: Adopted by the Board of Trustees
of the Village of West Haverstraw 6-21-1995 by L.L. No. 2-1995.
Amendments noted where applicable.]
Multifamily premises, commercial premises and
single-family residences shall be maintained in conformity with the
provisions of this chapter so as to establish reasonable safeguards
for the safety, health and welfare of the occupants and users thereof
and of the general public and to ensure and preserve the existing
desirable aesthetic qualities of the Village.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
A building, structure or land used for any purpose other
than for single-family or multifamily purposes, including premises
used for retail purposes, business purposes or industrial purposes.
Any building which is used as a home or residence, other
than as a single-family residence, together with any garage or other
accessory building and the lot upon which such building or buildings
are constructed.
Any person, including but not limited to an owner living,
sleeping or otherwise occupying premises regulated hereunder.
[Added 8-19-1998 by L.L. No. 5-1998]
Any legally responsible person who, alone or jointly or severally
with others, shall have legal title to any premises regulated hereunder,
or who has charge, care or control of any such regulated premises
as owner or agent or representative of an owner, with or without accompanying
actual possession thereof.
[Added 8-19-1998 by L.L. No. 5-1998]
Includes any individual, firm, partnership, corporation,
club, association or legal representative, acting individually or
jointly.
[Amended 8-19-1998 by L.L. No. 5-1998]
A building which is occupied exclusively as the home or residence
of a single family, together with any garage or other accessory building
and the lot upon which such building or buildings are constructed.
[Amended 8-19-1998 by L.L. No. 5-1998]
A.
Every owner and occupant of premises regulated under
this chapter shall maintain such premises in compliance with the requirements
set forth herein.
B.
No person shall rent or let, or otherwise make available
for use or occupancy, to another for occupancy or use premises which
do not comply with the requirements of this chapter.
[Amended 4-20-2011 by L.L. No. 5-2011]
[Amended 3-18-1998 by L.L. No. 2-1998; 8-19-1998 by L.L. No. 5-1998]
A.
Generally. The following provisions of this section
set forth the minimum standards of maintenance of premises, residential
and commercial, within the Village of West Haverstraw.
B.
Exterior maintenance. All exterior property areas
of premises regulated under this chapter shall be maintained in a
clean, safe and sanitary condition. In particular, but not by way
of limitation, every owner or occupant shall be responsible for the
following:
(1)
Good repair.
(a)
No person shall abandon, leave, dump, store
or keep any nuisance, hazard, litter, debris or other matter attractive
to vermin upon any public street or public place or upon any privately
owned property within the Village, except as otherwise permitted under
this chapter or other provision of law.
(b)
It shall be the duty of every owner, lessee,
occupant, tenant or other person exercising supervision or control
of any residential or commercial premises to keep all and every part
of the exterior premises, including the steps, walks, driveways and
parking areas located in the front, rear or side of said premises,
from the building line to the nearest curb, in a clean, sanitary and
safe condition. Said area shall be free from litter, debris, paper,
dirt, garbage and junk and, except for public improvements, in good
repair.
(2)
Drainage. 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 and
stormwater sewers or other satisfactory drainage systems shall be
provided and utilized. In no case shall the water from any rain leader
be allowed to flow over the sidewalk or adjoining property.
(3)
Fences, etc. Fences, retaining walls, signs and other
structures situated on property, public and private, shall be maintained
in good repair and condition.
(4)
Snow removal and repair of paved areas. 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 four hours after the cessation of snowfall, snow shall be plowed
or shoveled from all steps, walks, driveways and parking areas up
to the curb. No snow removed from driveways, walks or other areas
shall be deposited upon the public streets or highways.
(5)
Trees. Dead or incurably diseased trees which present
a safety or health hazard shall be removed. Trees shall be kept pruned
so as not to present a safety and health hazard.
(6)
Shrubbery and ground cover. It shall be the duty of
the owner, lessee, occupant or tenant of any privately owned property
within the Village to maintain grass or other ground cover, trees
and shrubbery in a safe and attractive condition, free of noxious
weeds and otherwise free of nuisance, hazard, debris, litter and unsightly
materials. For the purpose of this provision, all grass or other ground
cover shall be kept trimmed to a height of no greater than 10 inches.
C.
Exterior structure and accessory structures. The exterior
of a structure shall be maintained in a structurally sound and sanitary
condition, and otherwise in conformity with the New York State Fire
Prevention and Building Code,[1] so as not to pose a threat to the health and safety of
the occupants and so as to protect the occupants from the elements.
(1)
Structural members. All supporting members of all
structures shall be structurally sound, free of deterioration and
capable of safely bearing the dead and live loads imposed upon them.
(2)
Foundations. All foundations shall be maintained so
as to carry the operating dead and live loads and shall be maintained
plumb and free from open cracks and breaks.
(3)
Exterior walls.
(a)
Every exterior wall shall be free of holes,
breaks, loose or rotting boards or timbers and any other conditions
which might admit rain or dampness to the interior portions of the
wall or the occupied spaces of the building.
(b)
All exterior surface materials, including wood,
composition or metal siding, shall be maintained weatherproof and
shall be properly surface-coated when required to prevent deterioration.
(4)
Roofs. The roof shall be structurally sound and tight
and not have defects which might admit rain. Roof drainage shall be
adequate to prevent water from causing dampness in the walls or interior
portions of the building.
(5)
Decorative features. All cornices, entablatures, belt
courses, corbels, terra cotta trim, wall facings and similar decorative
features shall be maintained in good repair with proper anchorage
and in a safe condition.
(6)
Signs, marquees and awnings. All canopies, marquees,
signs, metal awnings, stairways, fire escapes, standpipes, exhaust
ducts and similar overhead extensions shall be maintained in good
repair and be properly anchored. They shall be protected from the
elements against decay and rust by periodic application of a weather-coating
material such as paint or other protective treatment.
(7)
Chimneys. All chimneys and similar structures shall
be maintained in good repair and structurally safe.
(8)
Stairs and porches.
(a)
Every stair, porch, rail, balcony and all appurtenances
attached thereto shall be so constructed and maintained as to be safe
to use and capable of supporting the loads to which it may be subjected.
(b)
Every window, door and their frames shall be
constructed and maintained as to exclude the elements as completely
as possible. Where necessary, weather stripping shall be used and
maintained in good repair.
(9)
Glazing. Every required window sash shall be properly
glazed with glazing materials without open cracks and holes.
(10)
Operable windows. Every openable window shall be capable
of being easily opened and securely held in an open position.
D.
Interior structure. The interior of a structure and
its equipment shall be maintained in a structurally sound and sanitary
condition.
(1)
Structural members. The supporting members of every
building shall be maintained structurally sound, not showing any evidence
of deterioration which would render them incapable of carrying the
imposed loads.
(2)
Interior surfaces.
(3)
Bathroom and kitchen floors. Every toilet, bathroom
and kitchen floor surface shall be maintained so as to permit such
floor to be easily kept in a clean and sanitary condition.
(4)
Cellars, basements and crawl spaces. Cellars, basements
and crawl spaces shall be maintained free from conditions posing a
threat to the health or safety of the occupants.
(5)
Sanitation. Every occupant of a dwelling or dwelling
unit shall keep in a clean and sanitary condition that part of the
premises thereof which he occupies and regularly uses.
(6)
Major systems. The interior structure, including but
not limited to all heating, lighting, electrical and plumbing systems,
shall be in conformity with the New York State Uniform Fire Prevention
and Building Code and all other applicable regulations.
The owner, tenant or occupant of any property located within the Village of West Haverstraw shall not park, permit or allow the exterior parking or storage of any vehicle within the front, side or rear yard of such property, unless such vehicle is parked upon a driveway or other paved or dust-free surface provided for such purposes and otherwise in accordance with all applicable provisions of Chapter 250, Zoning, Planning and Building.
The Building Inspector and other duly appointed
law enforcement officers of the Village of West Haverstraw shall be
charged with the duty of administering and enforcing this chapter.
[Amended 4-20-2011 by L.L. No. 5-2011]
A.
Any person,
upon conviction of a violation of this chapter, shall be punishable
by a fine not exceeding $1,000 or by imprisonment not exceeding 15
days in the county jail, or both. Each week any violation of any provision
of this Code or of any such law or resolution shall continue shall
constitute a separate offense.
B.
Neither
a judgment in or the pendency of a criminal prosecution for an alleged
violation of the provisions of this chapter, nor a judgment in or
the pendency of a civil action at law or in equity shall be a bar
to the other form of proceeding. The imposition of a penalty for a
violation of this Code shall not excuse the violation or permit it
to continue, and the remedies herein provided for penalties and civil
action to enjoin or abate a violation shall be cumulative.
A.
A notice of violation issued by the Building Inspector,
or other Village official duly designated by the Village Board, relative
to a premises shall be served either personally, or by certified and
regular mail, upon the person, 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 person to whom it is directed.
[Amended 4-20-2011 by L.L. No. 5-2011]
B.
A notice of violation shall identify the violation,
require the person served to cease and desist from the same and prescribe
a reasonable period within which to abate such violation. The notice
may also contain an outline of remedial action which, if taken, will
effect compliance with this chapter.
C.
Failure to cease and desist and to abate any condition
for which a notice of violation has been served by the Building Inspector
as provided herein shall constitute a violation of this chapter subject
to punishment hereunder.
D.
The continuation of a violation of the provisions
of this chapter shall constitute, for each week the violation is continued,
a separate and distinct offense hereunder.
Whenever the Building Inspector or enforcement
official finds that an emergency exists which requires immediate attention
to protect the public health or safety, he shall issue an order reciting
the existence of such emergency and requiring that such action be
taken as he deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall take effect
immediately. Any person to whom such order is directed shall comply
therewith immediately.
[Amended 1-19-2011 by L.L. No. 1-2011; 4-20-2011 by L.L. No. 5-2011]
A.
Upon the
failure, neglect or refusal of any owner, person or agent so notified
to properly comply with this chapter within the time period set forth
in the notice of violation, the Building Inspector, or other Village
official duly designated by the Village Board, is hereby authorized
and empowered to correct, or to cause the correction, of the said
violation, at the expense of the owner, subject to the later approval
and ratification of the Board of Trustees of the Village of West Haverstraw.
B.
When the
Village has effected the correction of the violation or has paid for
its correction, the Building Inspector, or other Village official
duly designated by the Village Board, shall cause to be filed in the
office of the Village Clerk a sworn statement showing the cost and
expense incurred for the work, the date when work was completed and
the location of the property, by section, block and lot, on which
said work was done and the name of the reputed owner thereof. The
filing of such sworn statement shall constitute a lien and privilege
on the property and shall remain in full force and effect for the
amount due in principal and interest, plus costs of court, if any,
for collection, until final payment has been made. Said costs and
expenses shall be collected in the manner fixed by law for the collection
of taxes and, further, shall be subject to a delinquent penalty at
the legal rate of interest in the event that the same is not paid
in full on or before the date the tax bill upon which charge appears
becomes delinquent. Sworn statements filed in accordance with the
provisions hereof shall be prima facie evidence that all legal formalities
have been complied with and the work has been properly and successfully
done and shall be full notice to every person concerned that the amount
of the statement, plus interest, constitutes a charge against the
property designated and described in the statement and that the same
is due and collectible as provided by law. In addition, the owner
shall further be responsible for the payment of an administrative
assessment of $500 to compensate the Village for the administrative
costs associated with correction of the violation.
