[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 10-3-1981 by L.L. No. 6-1981. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Property Maintenance and Rehabilitation Law of the Incorporated Village of New Hyde Park."
There exist or may hereafter exist in the Village dwellings or other structures, vacant areas or combinations of vacant areas and structures which are or tend to be substandard because of unsanitary or deteriorating conditions. Such factors of existence are injurious to the public health, safety and welfare and may constitute a nuisance.
This chapter is enacted to preserve the health, safety and welfare of the residents of the Village and to provide for means and methods of inspecting and correcting the described injurious conditions where they do or may hereinafter exist.
For the purpose of this chapter, unless the context requires otherwise, the following definitions shall apply:
- ABANDONED VEHICLE
- Any vehicle which has been cited in a written notice issued by the Building Department, the Board of Trustees or any other duty authorized agent of the Village, for a violation of the provisions of Subsection A or B of § 139-39 of this chapter, and which, for more than seven days following the date of such notice, continues to be stored, parked or otherwise maintained in violation of any order or directive to cure the offending condition or remove such vehicle as set forth in such notice.[Added 6-15-1999 by L.L. No. 3-1999]
- ACCESSORY BUILDING OR USE
- A subordinate building or use customarily incidental to and located on the same lot occupied by the main building or use.
- As applied to a building or structure, any change, whether exterior or interior, whatsoever.
- APARTMENT OR SUITE
- A room or suite of two or more rooms occupied or intended to be occupied as the home or residence of an individual, family or household.
- Approved by the Building Inspector of the Village.
- APPROVED MATERIAL AND CONSTRUCTION
- Material and construction approved by the Building Inspector of the Village.
- That space of a building that is partly below grade, which has more than 1/2 of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building.
- An enclosed space containing one or more water closets. It may also contain additional plumbing fixtures, such as a lavatory, bathtub or shower or other fixtures serving similar purposes.
- One who rents a room in or a portion of a private residence for living purposes with no cooking facilities in the room or portion rented.
- BUSINESS UNIT
- A building used for business purposes, including but not limited to shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, gasoline service stations, public garages, motor vehicle repair shops or other business uses.
- That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining the building.
- A required open and occupied space on the same lot and enclosed on at least three sides by walls of a building.
- Any garbage, litter, used automotive parts, construction
waste, refuse or other solid waste.[Added 11-5-1996 by L.L. No. 7-1996]
- Any building which is wholly or partly used or arranged, designed or intended to be occupied or used for living or sleeping by one or more human occupants.
- DWELLING, ONE-FAMILY
- A building containing not more than one dwelling unit occupied exclusively for residential purposes.
- DWELLING, TWO-FAMILY
- A building containing two dwelling units occupied exclusively for residential purposes by families living independently of the other.
- DWELLING UNIT
- A living unit containing two or more habitable rooms with provisions for living, cooking, eating, sanitary and sleeping facilities arranged for the use of one family.
- A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
- Parents, grandparents, great grandparents, children, brothers and sisters, whether natural or adopted, living and cooking together on the premises as a single housekeeping unit.
- GARAGE, COMMERCIAL
- A building or part thereof, other than a private or private
residential garage, designed or intended and lawfully used for the
temporary storage and contemporaneous repair, servicing, alteration
or other care or maintenance of motor vehicles for a profit.[Added 6-15-1999 by L.L. No. 3-1999]
- GARAGE, PRIVATE
- A detached accessory building or attached part or portion of a main building, on a nonresidentially zoned parcel of land, designed or intended for use, or capable of use, for the sheltered parking and temporary storage of motor vehicles of the occupants of the main building or building group to which the garage is accessory or forms a part, and in which no service, occupation, business or other commercial activity is carried on or conducted.
- GARAGE, PRIVATE RESIDENTIAL
- A nonhabitable accessory building, or that nonhabitable portion
attached to and forming a part of the dwelling or multiple dwelling,
on a residentially zoned parcel of land, designed and intended for
use, or capable of use, for the sheltered parking and temporary storage
of one or more passenger automobiles and other vehicles incidental
to the residential use and occupancy of the premises.[Added 6-15-1999 by L.L. No. 3-1999]
- All putrescible animal or vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- HABITABLE FLOOR AREA
- In a dwelling, those rooms occupied or capable of being occupied
by one or more persons for living, eating and/or sleeping purposes;
on the first floor of such dwelling it shall be construed to mean
all finished floor area having a clear headroom of 71/2 feet or more,
including stairwells; on the second floor, it shall be construed to
mean all finished or unfinished floor area having a clear headroom
of 71/2 feet or more for a minimum horizontal measurement of seven
feet, with sidewalls of not less than 51/2 feet in height.[Amended 11-5-1996 by L.L. No. 7-1996]
- The presence of insects, rodents, vermin or other pests.
- JUNK VEHICLE
- Any vehicle, including but not limited to a motor vehicle,
a motor home, a camper or RV (recreational vehicle), an ATV (off-road
all-terrain vehicle), a boat or other watercraft, and any type or
kind of towable trailer, which is in such a noticeably wrecked, damaged,
dismantled or partially dismantled condition, or in such other observable
state of physical or mechanical deterioration or disrepair, as to
actually or apparently render such vehicle incapable of legal use
and/or safe, proper and reasonable operation upon the public streets
and highways, upon the public waterways, or upon public lands, as
the case might be.[Amended 11-5-1996 by L.L. No. 7-1996; 6-15-1999 by L.L. No. 3-1999]
- A space of 60 square feet or more in floor area, located
in a dwelling or other structure, and designed or intended or actually
so used for the preparation and cooking or warming of food.[Amended 11-5-1996 by L.L. No. 7-1996]
- A space of less than 60 square feet in floor area, located
in a dwelling or other structure, and designed and intended or actually
so used for the preparation and cooking or warming of food.[Amended 11-5-1996 by L.L. No. 7-1996]
- Also means plot, tract, premises or parcel of land, with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purposes.
- MIXED OCCUPANCY
- Occupancy of a building or structure in part for one use
and in part for another use not customarily accessory or incidental
to the other.[Amended 11-5-1996 by L.L. No. 7-1996]
- MOBILE HOME
- A structure originally manufactured as a movable living unit.
- MULTIPLE DWELLING
- A dwelling which is designed or intended to be occupied or is occupied as a temporary or permanent residence or home of three or more families living independently of each other.
- NONHABITABLE ROOMS
- Rooms within a dwelling, such as bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars and similar spaces, that are not used frequently or during extended periods.
- PLUMBING SYSTEM
- The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances, within the property lines of the premises.
- POTABLE WATER
- Water which is approved for drinking, culinary and domestic purposes.
- The same as "lot."
- PRIVATE DWELLING
- A one- or two-family dwelling occupied exclusively for residence purposes by one or two families, respectively, as defined in this section.
- PUBLIC SPACE
- Space within a building which is dedicated to or for a public
use, such as a lobby, lounge, reception hall, meeting or conference
room, recreation or lecture room, dining or banquet room, swimming
pool or other similar public gathering places.[Amended 11-5-1996 by L.L. No. 7-1996]
- All cardboard, plastic, metal or glass food containers, wastepaper, rags, sweepings, small pieces of wood, excelsior, rubber, leather and similar waste material that ordinarily accumulates around a home, business or industry.
- Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals.
- STORAGE YARD
- A fully fenced and screened, open-air, off-street lot or portion of a lot lawfully used for the temporary storage of junk vehicles or other motor vehicles awaiting service or repair, in connection with and incidental to a towing business licensed under, and conforming with, the regulations of Chapter 181 of the Village Code.[Added 6-15-1999 by L.L. No. 3-1999]
- A combination of materials, other than a building, to form a construction that is safe and stable, and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, sheds, storage bins, walls, fences and display signs. The term "structure" shall be construed as if followed by the words "or part thereof."
- A person who rents a portion of a private residence with cooking facilities therein.
- UNOCCUPIED HAZARD
- Any building or part thereof situated within one or more residential zoning districts or within 1,000 feet of any residential zoning district, which remains unoccupied for a period of more than 90 days with either doors, windows or other openings broken, removed, 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 90 days.
- VEHICLE, ELECTIVELY INOPERABLE
- Any motor vehicle, trailer or other vehicle which, though
neither a junk vehicle or a legally inoperable vehicle as defined
elsewhere in this section, is nonetheless continuously parked or stored
upon a lot or parcel of real property without its intervening use
and operation off the premises.[Added 6-15-1999 by L.L. No. 3-1999]
- VEHICLE, LEGALLY INOPERABLE
- Any motor vehicle, trailer or other vehicle required to be
periodically registered and/or inspected for lawful operation or transport
upon the public highways and which does not have affixed or attached
thereto a current and valid registration sticker, inspection sticker
or license plates, or any combination thereof, as may be legally required
by any federal, state or local law in order for such vehicle to be
lawfully used and operated upon the public streets and highways.[Added 6-15-1999 by L.L. No. 3-1999]
- Supply and removal of air to and from a space by natural or mechanical means.
- An open space on the same lot which contains a building and located between the building line and the lot line which the particular building line faces.
This chapter shall apply to the following premises in the Village:
Lots, plots or parcels of land which are vacant or upon which buildings used for dwellings, mixed occupancy, commercial, industrial or storage uses, whether occupied or vacant, are located.
Vacant residential, mixed occupancy, commercial, industrial and storage buildings.
Accessory structures accessory to dwellings or commercial, industrial or vacant buildings.
It shall be within the province of the enforcing officer to vary or modify any provisions of this chapter where the strict enforcement of such could or would affect the family unit and would be contrary to public policy and welfare and cause undue hardship. Such variation or modification shall be noted in the records pertaining to any occupancy granted such a variance when approved by the Building Inspector.
[Added 11-1-2005 by L.L. No. 6-2005]
Any portable toilet to be maintained upon a construction site shall be maintained in the front portion of the subject lot until such time as the foundation is capped and backfiiled. At such time, any such portable toilet shall be maintained upon the rear portion of the subject lot. This requirement may be varied only in the discretion of the Board of Trustees upon good cause shown.
Construction sites shall be maintained in a safe and sanitary manner and all debris, litter and overgrowth thereon shall be removed.
Editor's Note: Former § 139-6, Certificates of occupancy, was repealed 11-5-1996 by L.L. No. 7-1996.
No person shall place, use or occupy within the Village any living unit commonly known as a "mobile home" or "trailer," except as may be otherwise provided for in the Building Code and Building Zone Code of the Village.
All buildings, dwellings, dwelling units, multiple dwellings, yards, courts, open areas and vacant lots which are in violation of this chapter are hereby declared to be nuisances and shall be abated by being corrected, made sanitary, repaired, vacated or demolished in accordance with the orders issued pursuant to the provisions of this chapter by the Building Inspector or by the Board of Trustees.
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation after due notice and hearing pursuant to §§ 139-11 through 139-15 and shall be so designated and placarded by the Building Inspector:
One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.
One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public as prescribed by the provisions of this chapter.
One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.
Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Building Inspector shall be vacated within a period not to exceed 72 hours as ordered by the Building Inspector.
No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the Building Inspector. The Building Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such. Violation of this provision shall be punishable by a fine of no less than $250 or by imprisonment not exceeding 100 days in the county jail, or by both such fine and imprisonment.
The Building Inspector or any other duly designated inspector is hereby authorized and directed to make all inspections necessary to determine whether compliance with the provisions of this chapter exists.
For the purpose of making such inspection, the Building Inspector is hereby authorized to enter, examine and survey, at all reasonable times, all dwellings, dwelling units and premises. The owner or occupants of every dwelling or dwelling unit, or the person in charge thereof, shall give the Building Inspector free access to such dwelling or dwelling unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
Editor's Note: Former §§ 139-11 through 139-14, regarding notices of violations and hearing procedures, were repealed 11-5-1996 by L.L. No. 7-1996.
Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, safety and welfare or finds that there are recurring violations of any provision of this chapter, he may, without notice or hearing, issue an order reciting the existence of such an emergency or finding that there are recurring violations on the premises and requiring that such action be taken as he deems necessary to meet the emergency or prevent the recurring violations.
Notwithstanding the other provisions of this chapter, such order shall be effective immediately.
Any party to whom such order is directed shall comply therewith immediately. If such party is not available or does not respond with sufficient promptness to meet the emergency, then the Building Inspector shall have the power to correct the emergency, and any expense suffered by the Village shall be borne by the party.
Buildings occupied in whole or in part as defined in this chapter shall comply with the requirements set forth in this chapter concerning occupancy, size, light and ventilation in order to provide a safe and healthful environment.
[Added 11-5-1996 by L.L. No. 6-1996]
Unless and except as may be otherwise authorized pursuant to the provisions of Subsection D of this section, all properties located in the Residence Districts (R Zones) of the Village, as the latter are classified under Chapter 195 of the Village Code and shown on the current Official Zoning and Planning Map of the Village referenced and provided for in said chapter, shall be subject to and shall comply fully with all other provisions of this section.
Number of meters.
Except as provided elsewhere in this subsection, each parcel of property improved by a building either designed and intended or actually so used for occupancy as a residential dwelling may have up to, but shall have no more than, one water meter, one gas meter and one electric meter located, installed, used or maintained anywhere in such building or upon such parcel, whether or not the same are currently activated or connected to any utility line(s) actually servicing any part of the premises.
Where such parcel of property is improved by a building certified by and registered with the Village Building Department either as a legal conforming or legal nonconforming two-family dwelling, it may have up to, but shall have no more than, two water meters, two gas meters and two electric meters, one of each per dwelling unit, located, installed, used or maintained anywhere in such building or upon such parcel, whether or not the same are currently activated or connected to any utility line(s) actually servicing any part of the premises.
Where such parcel of property is improved by a building certified by and registered with the Village Building Department either as a legal conforming or legal nonconforming multiple dwelling, it may have up to, but shall have no more than, one water meter, one gas meter and one electric meter per dwelling unit, plus up to one additional meter of each type for service to all common areas, located, installed, used or maintained anywhere in such building or upon such parcel, whether or not the same are currently activated or connected to any utility line(s) actually servicing any part of the premises.
Nonconforming meters. Any water, gas or electric meter in existence upon the effective date of this section and not in compliance with the conditions and limitations imposed by the provisions of this section is hereby declared to be and shall be deemed a nonconforming meter; and every such nonconforming meter shall be completely removed from the parcel and its premises in which it is situated, and every such parcel and its premises shall be made to fully conform with the provisions of this section, on or before the expiration of five years from the aforesaid date.
Permits; additional meters.
No person and no utility company, whether public or private, shall install any new or additional water, gas or electric meter, or remove, replace or relocate any such existing meter, anywhere in or upon the buildings or premises of any parcel of property which is subject to the provisions of this section, unless the Superintendent of Buildings of the Village shall have approved and issued a permit for such work. Upon completion of such work, the owner of such parcel shall be required to obtain a certificate of compliance with this section from the Superintendent of Buildings.
Upon written application by the owner(s) of any parcel of property which is subject to the provisions of this section, the Board of Trustees may, in its sole discretion and by favorable vote of a majority of the members of such Board, grant written consent and approval to the Superintendent of Buildings to permit such owner(s) to locate, install, maintain or use a greater specified number of utility meters in or upon the affected parcel than is otherwise currently allowed under the provisions of this section. Such consent and approval may be granted only after a showing by the owner(s), upon clear and convincing evidence satisfactory to such Board, that there is a critical and compelling health, safety or other similar need for such additional meters and that no viable and acceptable practical alternative is currently available. In the event that the Board shall determine to grant such relief, it may impose as a condition thereof any limitations or requirements which it deems necessary and appropriate to safeguard the legal character and ensure the continued lawful use and occupancy of the affected premises in keeping with the general purposes of this chapter and the specific regulatory objectives of this section.
Editor's Note: This local law also provided for the repeal of former § 139-17, Occupancy and size regulations.
It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space.
It shall be prohibited to use any cellar space as habitable space.
Use of a single-family dwelling by more than one family is prohibited.
Use of a two-family dwelling by more than two families is prohibited.
No person shall use a mobile home, trailer or travel trailer for business purposes in the Village or in conjunction with such business purposes.
A garage may not be used as a habitable unit unless it meets the specifications and requirements of this Code.
Temporary storage containers.
[Added 11-1-2005 by L.L. No. 7-2005]
Definition: "Storage container" means any container intended for this purpose of storing or keeping household goods and other personal property that is intended to be filled, refilled, or emptied while located outdoors on a residential property, and later removed from the property for storage off-site.
It shall be unlawful for any person, firm or corporation to place, keep or maintain any storage container on any property improved with a single-family dwelling without securing a permit.
Any person desiring a permit to place or maintain a storage pod shall file an application with the Building Department. The form for this application is to be furnished by the Department of Buildings and shall be sworn to and filed by the applicant with the Department of Buildings, along with an application fee of $100 for a new permit, $75 for a time extension of a permit.
A permit for a storage pod may only be granted if there is currently a permit for improvement to a single-family dwelling with a cost of improvement of at least $25,000.
A storage container may not be more than 120 square feet, and no more than eight feet in height.
The storage container shall be set back from any side yard a minimum of five feet, from the front yard by a minimum of five feet, and also be minimum of five feet away from any structures on the property. In granting the permit, the Building Inspector shall consider the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light, air or a reasonable use of adjoining property.
The Building Inspector is hereby authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after due investigation, he deems that the holder thereof has violated any provisions of this subsection in that the storage pod is being maintained in an unsafe manner or is being maintained as a nuisance. Written notice of said revocation shall be given, either by personal service upon the person to be notified or by depositing said notice in the United States mail in a sealed envelope, postage prepaid, addressed to such person at the address which appears on the records of the Building Department.
The length of time a storage container shall be permitted to remain shall be 60 days with up to one thirty-day extension. A further extension shall be permitted only upon good cause demonstrated to the Board of Trustees. It shall be mandatory that the storage container be removed at the end of the permitted period of time.
The provisions of this subsection may be varied only upon good cause shown demonstrated to the Board of Trustees.
The basement or cellar of any building shall be dry and ventilated and shall be kept free from rubbish accumulation and infestation.
No room in any basement shall be occupied as a habitable room unless:
The finished floor surface is not more than four feet below the average established finished grade of the ground adjoining said floor surface;
The ceiling is not less than four feet above the average established finished grade of the ground adjoining said basement;
The floors and walls are waterproofed and dampproofed in accordance with approved standards and methods of application; and
The basement is provided with at least one exit directly from said basement to the exterior premises of the building.
Every habitable room in a dwelling or dwelling unit shall contain a window or windows opening directly to the outside air, and the total area of the window or windows shall not be less than 10% of the floor area of such rooms, provided that such window shall not be less than 10 square feet. All window sashes shall be glazed and provided with suitable hardware and shall be made to open to the extent of not less than 5% of the floor area of such room.
General. Heating facilities and their accompanying chimneys, flues or stacks are to be installed in compliance with the ordinances of the Village and are to be maintained in good order and repair so that they are capable of safely and adequately providing heat to enclosed spaces which are or may be normally occupied. Doors, windows and other parts of a building shall be constructed and maintained so as to prevent abnormal heat losses. Heating facilities utilizing gas as a fuel shall have a shutoff valve provided at or near the source of supply to the facility.
Capability. Heating facilities shall be provided to safely and adequately maintain heat in all habitable rooms, bathrooms, kitchenettes, toilet rooms or compartments within the walls of a dwelling at a temperature of at least 68° F. at a distance of three feet and more from the exterior walls and at a level of five feet above the floor level. The capability of such heating equipment shall be based upon an outside temperature of 0° Fahrenheit.
Room heaters. No room heater that is independent of the heating system in the dwelling shall be used except where the unit or appliance is first approved by the office of the Fire Marshal of the County of Nassau.
Every dwelling shall be supplied with an approved water heater or heaters capable of supplying a sufficient quantity of water heated to a temperature of at least 120° F. to every kitchen sink, lavatory, bathtub or shower located therein. Such water heater or heaters shall be properly connected to a supply of potable water.
The floors and walls of every building, every dwelling unit and every rooming unit shall be kept free from dampness.
Each dwelling shall be provided with a potable water supply servicing all required plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily and without undue noise under normal operating conditions.
There shall be at least one kitchen sink installed and maintained in good, clean operation in every dwelling unit.
Every kitchen sink, lavatory, bathtub or shower required by this chapter or other law or ordinance shall be supplied with both hot and cold water properly connected to a supply of potable water.
Number and location. In one-family dwellings, there shall be at least one bathroom located within the dwelling. In two-or-more-family dwellings, each dwelling unit shall have at least one bathroom located within each unit.
Arrangement. Bathrooms in dwelling units shall be accessible from any sleeping room without passing through any other sleeping room. Bathrooms within dwelling units and those in public spaces available for the use of dwelling units shall have provisions made for privacy.
Floors. Shower stalls shall be provided with waterproof floors and with a wall wainscot made of at least a water-resistant material and extending to a minimum height of five feet, six inches above the floor level. The floors of existing bathrooms shall be provided, as a minimum, with a surface treatment which is reasonably impervious to moisture. The floors of bathrooms in private dwellings shall be covered, as a minimum, with a moisture-resistant material. The floors of new bathrooms in multiple dwellings shall be waterproof; such waterproofing shall extend six inches or more on the walls above the floors, except at doors. Floors shall be kept in a dry, clean and sanitary condition by the occupant.
Employee facilities. Where there are five or more employees in a multiple dwelling, separate bathroom facilities shall be provided for them and for each sex. Said facilities shall be readily accessible to the employees and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food.
All plumbing fixtures, water supply lines, sewer lines and waste disposal systems and their appurtenances shall be properly installed in accordance with the requirements of the plumbing laws, codes and ordinances adopted by or applicable to the Village. They shall be maintained in a safe, sanitary and operating condition, free from defects, leaks and obstructions.
Every occupant shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment therein. This liability on the part of the occupant shall not relieve the owner of the responsibility of remedying any defect, nor of any other liability imposed upon the owner by law, but it shall subject the occupancy to the penalty provided for in Chapter 1, § 1-20, of the Village Code upon proper proof of any willful or malicious act he has performed.
General requirements. Electrical fixtures, devices, wiring and systems in existence as of June 1, 1980, shall be maintained in a safe working condition and in a manner which will avoid a potential source of ignition or shock and shall be properly connected to a reasonably adequate source of electrical power. Any old, deteriorated, unused and/or unapproved materials and equipment shall be removed and replaced, as may be required, with approved materials and equipment. Electrical installations or systems in existence on or after June 1, 1980, shall be installed in accordance with standards in force at the time of installation, as required by Village law, code or ordinance and as approved by the State Board of Fire Underwriters. Any alterations, major repairs or additional installations shall comply with the requirements of the State Board of Fire Underwriters. Fixed wiring, equipment, fixtures and devices shall be firmly secured to the surface on which they are mounted. Electrical wiring and equipment shall be protected against excessive current demands by properly rated overcurrent devices installed in approved locations. All panelboards shall be kept free from encumbrances and shall be accessible at all times.
Exceptions. The inspector of the Building Department of the Village may request other repairs, alterations, removal of and/or additional wiring, equipment, safety controls or methods when he deems it necessary to assure safety to the occupants or users. He may further modify the requirements of this section for a particular location when, in his opinion, reasonable and adequate safety is assured by a different but equally safe installation.
There shall be for each dwelling unit and rooming unit a separate access either to a hallway, landing, stairway or street.
All courts, yards or other areas on the premises of each building shall be properly graded and drained.
Safe, continuous and unobstructed exits shall be provided from the interior of the building to the exterior at street or grade level.
Exits shall be arranged, constructed and proportioned so that occupants may escape safely from the building in case of emergency.
In one- and two-family dwellings, in addition to a primary exit from the building, there shall be provided a secondary exit or, in lieu thereof, one or more exit openings for emergency use.
In multiple dwellings, approved exits shall be provided.
Occupants of dwelling units shall be responsible for compliance with this chapter in regard to the following:
Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by this chapter.
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary, neat and safe condition.
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.
Keeping exits from his dwelling unit clean and unencumbered.
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner in accordance with the provisions of all Village laws, ordinances, codes, rules and regulations.
Extermination of insects, rodents or other pests within his dwelling unit.
Maintaining of yards, lawns and courts in a clean, sanitary and safe condition and free from infestation insofar as the occupant occupies or controls the yards, lawns and courts or any parts thereof.
The installation and removal of required screens.
Keeping his domestic animals and pets in an appropriate manner and under control.
Elimination of all prohibited uses for that part of the premises which he occupies, controls or has accessibility thereto.
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.
Owners and operators of multiple dwellings 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.
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, committee, guardian, operator or agent, such person shall be deemed and taken to be the owner of such 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 an order or decision of the Building Inspector 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 when an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this chapter, the occupant shall be deemed and taken to be an owner within the true intent and meaning of this chapter.
Residential, commercial and industrial premises, 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.
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, approved combined storm and sanitary 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.
Fences and other minor construction shall be maintained in a safe and substantial condition. There shall be no fence, perimeter planting or other obstruction or structure on lots at intersections which will obstruct the view of drivers of vehicles, and in no event shall any such fence, perimeter planting, obstruction or other structure be higher than four feet measured from ground level, the provisions of any other law, ordinance, rule or regulation to the contrary notwithstanding.
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 or necessary repairs or replacement carried out.
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.
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.
[Amended 6-15-1999 by L.L. No. 3-1999]
No person shall at any time park, store or otherwise maintain any junk vehicle on any lot or parcel of land in the Village, except fully within the confines of a commercial garage or storage yard lawfully located upon such premises; provided, however, that the foregoing provisions shall not be deemed to prohibit the temporary parking or storage of such a vehicle in a private garage or private residential garage while it awaits disposal or repair off the premises, and provided further that the duration of such temporary storage is not unreasonable and does not pose any significant or undue risk to the health or safety of persons or property.
No person shall park, store or otherwise maintain any legally inoperable vehicle or any electively inoperable vehicle on any lot or parcel of land in the Village for more than seven days, except in the showrooms or upon the inventory storage lots of those parcels lawfully being used for the sale or resale of such vehicles, or except within the confines of a commercial garage or storage yard or a private garage or private residential garage located on any other parcel; provided, however, that the foregoing provisions shall not be deemed to prohibit the temporary parking or storage of such a vehicle in the fenced and paved open rear yard or side yards of any residential parcel improved by a one-family or two-family dwelling, but having no garage on its premises, for the use of its occupants, and provided further that the duration of such temporary storage is not unreasonable and does not at any time prevent, impede or otherwise interfere with ingress to and egress from the legal entryways or exits of any nearby buildings or accessory buildings, whether they be located upon the same lot or any adjoining or neighboring parcel.
Any person who shall be served with a written notice of violation for any violation of the provisions of the foregoing subsections of this section, and who does not cure or correct such violation within seven days of the date of such notice, shall be deemed to be harboring and maintaining an abandoned vehicle. For the purposes of this chapter, such act shall constitute a public nuisance and a separate violation of the provisions of § 139-8 of this chapter, for which separate and additional offense both the owner or other person in possession or control of such vehicle and/or the owner or other person in possession or control of the lot or parcel on which such vehicle is situated may be prosecuted and fined or imprisoned as elsewhere prescribed under the provisions of this chapter.
Business units, as defined in this chapter, shall at all times be maintained in compliance with the provisions of this chapter regulating open spaces and buildings or structures.
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.
No shopping baskets, carts or wagons shall be left unattended or standing in open areas and shall be regularly collected by the occupant of such unit and removed to the interior of the building or buildings.
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.
No truck or other vehicle shall be loaded or unloaded outside the confines of the building or buildings on the premises before 6:00 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.
All fences and perimeter plantings installed on the premises shall be maintained by the owner of the property. Damaged or destroyed perimeter planting or fencing shall be replaced within 10 days with planting or fencing of similar size, grade and quality. The provisions of this section are subject, nevertheless, to § 139-35 of this chapter.
All business units must be conducted within the confines of a building.
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings shall be maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.
The foundation walls of every building shall be maintained good repair and shall be structurally sound.
Exterior walls, roofs and all openings around doors, windows, chimneys and other parts of a building shall be maintained so 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. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and materials and improperly secured objects and materials. Such objects or materials shall be removed, repaired or replaced.
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.
Buildings and structures shall be maintained in such a condition that they shall not become an unoccupied hazard as defined in this chapter.
If a building is boarded up or sealed, the boards and sealing material shall be painted the same color as the building. No circular, placard or other material shall be affixed or attached thereto.
It shall be the responsibility of every owner and occupant of any building or structure which has been defaced with graffiti to cause the graffiti to be removed or covered over and the surface area restored within 10 business days of the defacement or notification by the Village of said defacement. Such responsibility for the removal or covering of graffiti shall lie notwithstanding that the owner or occupant may not have created the graffiti.
[Added 12-21-1999 by L.L. No. 6-1999]
For the purposes of this section, the following word(s), term(s) and phrases shall have the meanings ascribed to them as follows:
[Added 12-21-1999 by L.L. No. 6-1999]
- Any writing, painting, drawing, staining, carving, etching or other marking, by means of chalk, paint, broad-tipped pen, aerosol spray can or any other marking device or material, of any word, name, lettering, inscription, figure, design or other representation on any wall or other place on a public or private building or structure without the consent of the owner. For the purposes of this definition, signs authorized under this code are excluded.
Grounds, buildings and structures shall be maintained free of insects, vermin and rodent infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice within the County of Nassau.
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with suitable materials.
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 the Village law or ordinances.
In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls and stairways.
No refrigerator or other device containing compartments which are capable of being sealed or locked may be discarded, abandoned or stored in a place accessible to children without first removing any locking devices or the hinges of the door or doors.
[Added 11-5-1996 by L.L. No. 7-1996]
Every person owning or having charge or control of any building, structure or open spaces on any land or parcel of land which has been vacant or unoccupied for more than 30 days shall be required to:
Remove all combustible waste and refuse therefrom and lock, barricade, bar or otherwise secure all windows, doors and other openings in all buildings or structures so as to reasonably prevent entry by unauthorized persons; and
Dispose of all garbage, litter, refuse, debris, junk and other solid waste in or about the premises in a safe and sanitary manner and keep and maintain such premises free and clear therefrom and in broom-clean condition; and
Exterminate or eliminate all harborages of insect pests, rodents, vermin and other animal pests and keep and maintain the premises free and clear therefrom.
[Added 6-17-1997 by L.L. No. 4-1997 ]
All hoppers and containers, whether on the street or private property, shall be covered so that none of the contents of such hoppers or containers may be scattered by the elements.
[Added 6-17-1997 by L.L. No. 4-1997]
It shall be unlawful for any owner, lessee or occupant of a lot or land, or any part thereof in the Village, to permit or maintain on any such lot or land, whether the same is improved or vacant, or on or along the sidewalk, street or alley adjacent to the same, between the property line and the curb, or for 10 feet outside the property line if there is no such curb, any noxious grass, noxious weeds and other brush, briers, obstructions or rubbish amounting to a fire, health or safety hazard.
If any owner, lessee, occupant or person in control of any lot as described in Subsection A shall fail to remove any noxious grass, weeds or brush, briers, obstructions or rubbish as described in such subsection within 10 days after written notice by the Village to do so in accordance with the provisions of this chapter, the Village may itself effect such removal.
For the purposes of this section, any grass, brush or weeds on a premises in excess of eight inches in average height above its surrounding grade shall be deemed obnoxious and shall be immediately cut, trimmed or removed in compliance with the provisions of this section and chapter.
[Added 6-17-1997 by L.L. No. 4-1997]
Service of the written notice provided for in this chapter may be personal but if notice cannot be made personally, such notice shall be mailed to the property owner at his last known address and a copy of the notice affixed to a conspicuous part of the building.
In the event of a vacant lot, where the address of the owner, lessee, occupant or person in control thereof is not known, service of the notice may be made by affixing such notice to some object thereon where it is likely to be seen.
If the owner of land in violation of this chapter is a nonresident, a notice to cut, trim or remove the brush, grass or rubbish or other material which is in violation of this chapter, mailed to such owner addressed to his last known address, shall be sufficient service of the notice.
[Added 6-17-1997 by L.L. No. 4-1997]
The total cost of removal by the Village of brush, grass, weeds, rubbish, etc., in accordance with the provisions of this chapter shall be paid to the Village, failing which, the cost plus all costs in connection with collection of such removal costs, including any disbursements and fees, may be assessed upon the real property on which such brush, grass, weeds, rubbish, etc., are found and shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged, which lien shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. A notation of such lien shall be entered on the tax roll affecting the property involved.
[Added 6-17-1997 by L.L. No. 4-1997; amended 6-15-2010 by L.L. No. 2-2010]
A person upon whom notice has been served, pursuant to the provisions of this chapter, to cut, trim or remove brush, grass, rubbish, weeds or other material present upon such person's land in violation of this chapter and who for five days after service shall neglect or fail to comply with the provisions of such notice, shall be deemed to have violated this chapter.
[Added 11-5-1996 by L.L. No. 7-1996; amended 11-16-1999 by L.L. No. 4-1999; 11-12-2002 by L.L. No. 4-2002]
The Incorporated Village of New Hyde Park is aware of and duly acknowledges the existence of § 20-2006 of the Village Law of the State of New York, and hereby supersedes such section. Any person or corporation, whether as owner, lessee, occupant, architect, building contractor or the agent or employee of any of them, who violates or is accessory to the violation of any provision of this chapter or any regulation made under the authority conferred by this chapter shall, upon conviction, be guilty of a violation pursuant to this chapter only, unless otherwise designated by law, punishable by a fine of not more than $2,000 or imprisonment for not more than 15 days, or both. The conviction of a second violation of any such provision or regulation, both of which were committed within a period of five years, shall be punishable by a fine of not more than $5,000 or imprisonment for not more than 15 days, or both. The conviction of a third or subsequent violation of any such provision or regulation, all of which were committed within a period of five years, shall be punishable by a fine of not more than $10,000 or imprisonment for not more than 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
Editor's Note: This local law also provided that it will take effect 12-1-1999.