Village of Ardsley, NY Property Maintenance

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.

For the purposes of this chapter, the following terms shall have the meanings indicated:

COMMERCIAL PREMISES

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.

MULTIFAMILY PREMISES

Any building which is used as a home or residence, other than a single-family residence, together with any garage or other accessory building and the lot upon which such building or buildings are constructed.

SINGLE-FAMILY RESIDENCE

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.

§ 156-2 Exterior maintenance.

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 and sanitary sewers or other satisfactory drainage systems shall be provided and utilized. In no case shall water from any rain leader, drain, sump pump or similar devices be allowed to flow over the sidewalk, street, right-of-way or adjoining property unless permitted as part of an approved site plan.

[Amended 2-17-2015 by L.L. No. 1-2015]

Fences and retaining walls shall be maintained in good repair and condition.

In the case of 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 up to the curb.

No snow removed from driveways, walks or other areas shall be deposited upon the public streets or highways.

On commercial premises, all parking areas shall be paved with concrete or asphalt, and all parking spaces shall be clearly marked with painted white or yellow lines, except that all parking spaces for individuals with disabilities shall be clearly marked with painted blue lines.

[Amended 5-5-2008 by L.L. No. 3-2008]

It shall be the duty of the owner, superintendent, 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 which he owns, 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 areas shall be free from litter, debris, paper, dirt, garbage and junk and, except for public improvements, in good repair.

Dead or incurably diseased trees which present a safety or health hazard shall be removed. Trees shall be kept pruned if they present a safety and health hazard.

No person shall permit, on real property owned by him, noxious weeds, long grass, hedges, tree limbs or other rank growth which are harmful, poisonous or detrimental to health or safety. In addition, it shall be the duty of the owner, superintendent, lessee, occupant, tenant or other person exercising supervision or control of said property to maintain the same so that no growth of weeds, grass or other rank growth shall occur along the sidewalk or street adjacent to the same between the property line and curb, or the edge of the street pavement if there is no curb, to a height greater than six inches on the average, or allow any accumulation of dead weeds, grass or brush, except where properly prepared for collection by the Department of Public Works. In addition, no growth of hedges or tree limbs shall occur which impede the safe passage of pedestrians along same sidewalk or curb.

All buildings or structures, or portions thereof, regardless of uses or height, located in the Village of Ardsley which are vacant shall be maintained by the owner so as to prevent ingress into or egress from the building. All doors, windows and other means of ingress or egress shall be kept locked or secured. All garbage, debris and other combustible or flammable material shall be removed from the premises.

[Added 1-22-2019 by L.L. No. 03-2019]

Where a vacant or occupied building includes a vacant storefront that is visible from the street or adjacent sidewalk, the owner of said building shall remove from the storefront all debris, trash, garbage and other material that may be visible to passersby from the street or adjacent sidewalk. Unless otherwise approved by the Building Inspector, there shall be no newspapers or other temporary window covering on store windows, such that the interior of the store is not visible from the street or adjacent sidewalk.

[Added 1-22-2019 by L.L. No. 03-2019]

The owner of a building or structure which is defaced with graffiti shall be responsible for cleaning and removing said defacement from the building. Where the building owner does not remove the defacement within 14 days, the Village of Ardsley shall undertake to remove said defacement and shall bill the property owner for the costs incurred. These expenses shall be a lien against the premises which was the subject of the defacement and may be assessed against the same on the Village tax roll.

[Added 1-22-2019 by L.L. No. 03-2019]

§ 156-3 Responsibility of owner.

[Amended 1-22-2019 by L.L. No. 03-2019]

The owner shall keep all and every exterior part of the buildings and accessory structures in attractive condition and good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

§ 156-4 Enforcement.

[Amended 1-22-2019 by L.L. No. 03-2019]

The Building Inspector, Code Enforcement Officer and other duly appointed law enforcement officers of the Village of Ardsley shall be charged with the duty of administering and enforcing this chapter.

It shall be the duty of the Building Inspector or Code Enforcement Officer to issue a notice of violation or to order in writing the correction of all conditions found to exist in or on any premises which violate the provisions of this chapter.

§ 156-5 Penalties for offenses.

[Amended 2-21-2006 by L.L. No. 2-2006]

Any person or corporation committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not less than $250 and not more than $2,000 for the first offense in a twenty-four-month period, not less than $500 and not more than $2,000 for the second offense in a twenty-four-month period, not less than $750 and not more than $2,000 for the third offense in a twenty-four-month period, and not less than $1,000 and not more than $2,000 for the fourth and subsequent offenses in a twenty-four-month period, or to imprisonment for a term not exceeding 15 days, or both. The twenty-four-month period shall commence on the date of the initial violation. Every violation of this chapter shall be a separate and distinct offense, and in the case of continued violation, every day's continuance thereof shall be deemed to be a separate and distinct offense. A violation of this chapter shall constitute disorderly conduct.

§ 156-6 Service of notice of violation.

[Amended 1-22-2019 by L.L. No. 03-2019]

A notice of violation issued by the Building Inspector or Code Enforcement Officer relative to a premises shall be served either personally upon the person, by certified mail 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. Such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation. The notice may also contain an outline of remedial action which, if taken, will effect compliance with this chapter.

The provisions of §§ 156-6 and 156-8 notwithstanding, it shall not be necessary for the Building Inspector or Code Enforcement Officer to issue a notice of violation or to order in writing the correction of a condition in the instance of a second or any subsequent offense within a twenty four-month period, and in the case of a second or subsequent offense, the person in violation may immediately be served with an appearance ticket or summons. Furthermore, a notice of violation shall not be required for any offense of this chapter on any property located in a B-1, B-2, or B-3 Business District, or on any property located in a residential district that is used for commercial purposes, where the person or corporation in violation may immediately be served with an appearance ticket or summons.

§ 156-7 Emergencies.

Whenever the Building Inspector or enforcement official finds that an emergency exists which requires immediate attention to protect the public health or safety, he may, without notice or hearing, 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, but upon petition to the Building Inspector shall be afforded a hearing as soon as possible. After such hearing, the Building Inspector shall continue such order in effect or shall modify or withdraw it.

§ 156-8 Action upon noncompliance.

Upon the failure, neglect or refusal of any owner, person or agent so notified to properly comply with this chapter within 20 days after the service of notice as provided herein, the Building Inspector is hereby authorized and empowered to pay for the correction of such violation, subject to the approval of the Village Manager of the Village of Ardsley.

[Amended 1-22-2019 by L.L. No. 03-2019]

When the Village has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to such owner by the Village, and such charge shall become due and payable by said owner or person at the time of the payment of such bill.

When the full amount due the Village is not paid by such owner within 20 days after the correction of such violation as provided in Subsections A and B above, then, and in that case, the Building Inspector 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, lot and block 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 cost 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 such 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.