It is the purpose of this chapter to assist in the continued revitalization
of areas throughout the village to attract new businesses, promote the public
interest in continued development, ensure regular maintenance and improvements
to present structures, safeguard against blight and preserve property values
and community standards and to establish minimum maintenance standards to
safeguard life, limb, health, safety, property and the public welfare in the
best interest of the residents of the Village of Oxford.
It is found and declared that, by reason of lack of maintenance and
progressive deterioration, structures and properties have the further effect
of creating blighting conditions and initiating slums and that, if the same
are not curtailed and removed, the aforesaid conditions will grow and spread
and will necessitate in time the expenditure of large amounts of public funds
to correct and eliminate the same. By reason of timely regulations and restrictions,
as herein contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability and
amenities of residential and nonresidential uses and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
As in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A subordinate building located on the same lot with the main building,
occupied by or devoted to an accessory use. Where an "accessory building"
is attached to the main building in a substantial manner, as by a wall or
roof, such "accessory building" shall be considered part of the main building.
BUILDING
Any structure having a roof supported by columns or by walls and
intended for shelter, housing, protection or enclosure of persons, animals
or property. Depending upon its applicability, the use herein of "building"
shall include the term "structure."
CODE ENFORCEMENT OFFICER
The officer employed by the Village of Oxford to enforce the State
Uniform Fire Prevention and Building Code previously adopted by said village.
DETERIORATION
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence
of physical decay or neglect, excessive use or lack of maintenance.
DWELLING, MULTIPLE
A building or portion thereof containing three (3) or more dwelling
units and designed or used for occupancy by three (3) or more families living
independently of each other.
EXPOSED TO PUBLIC VIEW
Any premises or open space or any part thereof or any building or
structure that may be lawfully viewed by any member of the public from a sidewalk,
street, alleyway or from any adjoining or neighboring premises.
EXTERIOR OF PREMISES
Those portions of a building that are exposed to public view and
the open space of any premises outside of any building erected thereon.
GOOD WORKING REPAIR
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
OWNER
Includes any person having individual or joint title to real property
in any form defined by the laws as an estate or interest therein, whether
legal or equitable and however acquired.
PERSON
Includes an individual, a partnership, a joint venture, a corporation,
an association and any other organization recognized as an entity by the laws
of the State of New York.
PREMISES
A building, dwelling and/or grounds.
PROPERTY
Land and whatever is erected on, growing on, placed on or affixed
thereto.
REFUSE
All cardboard, plastic material or glass containers, wastepaper,
rags, sweeping, pieces of wood, excelsior, rubber and like waste material.
STRUCTURE
A combination of materials assembled, constructed or erected at a
fixed location, including, for example, a building, stationary and portable
carports and swimming pools, the use of which requires location on the ground
or attachment to something having location on the ground.
ZONING ENFORCEMENT OFFICER
The officer employed by the Village of Oxford to enforce the zoning
laws of the Village of Oxford and this chapter.
The exterior of the premises and the condition of structures shall be
maintained so that the premises and all buildings shall reflect a level of
maintenance in keeping with the standards of the community and shall not constitute
blight from the point of view of adjoining property owners or lead to the
progressive deterioration of the neighborhood. Such maintenance shall include,
without limitation, the following:
A. Foundations, porches, decks, steps and walls shall be
in good condition.
B. Vent attachments shall be safe, durable, smoketight and
capable of withstanding the action of flue gases.
C. Exterior balconies, porches, landings, stairs and fire
escapes shall be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
D. All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs that have become excessively
weathered, those upon which the paint has excessively peeled or those whose
supports have deteriorated so that they no longer meet the structural requirements
of the New York State Uniform Fire Prevention and Building Code shall, with
their supports, be removed or put into a good state of repair. All nonoperative
or broken electrical signs shall be repaired or shall, with their supports,
be removed. Signs denoting a business which is no longer on the premises shall
be removed within thirty (30) days of the date on which the business ceases
to occupy the premises.
E. All storefronts and walls exposed to public view shall
be kept in a good state of repair. Storefronts or any portion of the structure
shall not show evidence of excessive weathering or deterioration of any nature.
Unoccupied storefronts shall be maintained in a clean and neat appearance.
F. Any awnings or marquees and accompanying structural members
shall be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or of a similar material and are exposed
to public view, such material shall not show evidence of excessive weathering,
discoloration, ripping, tearing, holes or other deterioration. Nothing herein
shall be construed to authorize any encroachment on streets, sidewalks or
other parts of the public domain.
G. All vacant buildings shall be continuously guarded or
sealed and kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Zoning Enforcement
Officer as to color, design and building material. Owners of such buildings
shall take such steps and perform such acts as may be required 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 and that such property does
not become infested with vermin or rodents.
H. Exterior walls, including doors and windows and the areas
around doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. 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.
I. All exposed exterior surfaces shall be maintained free
of broken or cracked glass, loose shingles or loose or crumbling stones or
bricks, loose shutters, railings, aerials, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance. Said conditions
shall be corrected by repair or removal. All exposed exterior surface of structures
not inherently resistant to deterioration shall be coated, treated or sealed
to protect them from deterioration or weathering. Wood, masonry or other exterior
materials that will naturally resist deterioration do not have to be treated
but must be otherwise maintained in a sound, secure workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained in
a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs and fixtures
of buildings shall be maintained in a clean, safe, sanitary condition. Every
floor, exterior wall, roof, 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.
J. Roof drains, overflow pipes, air-conditioning drains
and any other device used to channel water off or out of a building shall
be maintained in a safe and operable condition and shall not drain onto a
public sidewalk, walkway, street, alleyway or adjoining property.
K. Lawns shall be cut, and bushes, shrubs and hedges shall
be trimmed regularly during the growing season so as to avoid an unsightly
appearance.
An occupant of premises shall be responsible for compliance with this
chapter in regard to the following:
A. Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
B. 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.
C. Keeping exits from the building or occupant's portion
thereof clear and unobstructed.
D. Disposal of garbage and refuse into appropriate facilities
in a clean and sanitary manner, in accordance with any applicable provisions
of the village.
E. Extermination of insects, rodents or other pests within
the premises.
F. Maintenance of yards, lawns and courts in a clean, sanitary
and safe condition and free from infestation by rodents or vermin, insofar
as said occupant occupies or controls said yards, lawns or any parts thereof.
G. The installation and removal of required screens.
H. Keeping domestic animals and pets in an appropriate manner
and under control, in accordance with any other regulations of the village.
I. Elimination of all prohibited uses for that part of the
premises which he occupies, controls or has accessibility thereto.
Upon failure to comply with Subsection
A of §
212-12, the village may cause the violation to be cut, trimmed and removed or otherwise eliminated and assess the expense against the owner.
A violation of any provision of this chapter shall be an offense punishable
by a fine not to exceed two hundred fifty dollars ($250.) or by imprisonment
for not more than fifteen (15) days, or both. For the purposes of this chapter,
each week's continued existence of a violation shall constitute a separate
violation.