Town of Yorktown, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Yorktown 4-29-1975 as Ch. 72 of the 1975. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 130.
Unsafe buildings — See Ch. 135.
Electrical standards — See Ch. 155.
Plumbing — See Ch. 222.
[Amended 12-19-2006 by L.L. No. 18-2006]
In order to prevent blight and the spread thereof, it is hereby declared that all structures, including but not limited to one- and two-family and multiple-family dwellings, whether or not used for residential purposes, garden apartments, all other apartment complexes, all shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, factories, gasoline service stations, public garages, motor vehicle repair shops or other business uses, and accessory structures to all of the foregoing, whether occupied or vacant, shall be maintained in conformity with the Property Maintenance Code of New York State and the standards set out in this chapter so as to assure that none of these structures or properties will adversely affect their neighborhood or the larger community. It is found and declared that by reason of lack of maintenance and progressive deterioration, certain 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.
For the purposes of this chapter, the terms used herein are defined as follows:
PERSON
Includes a natural person or persons, firm, corporation, partnership, association or any other combination of two or more persons who is or are the owner or owners, mortgagee, assignee of rents, receiver, executor, trustee, administrator, lessee or agent directly or indirectly in control of a building or other structure or area.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including, by way of example and not by limitation, garbage, trash, ashes, paper, paper goods and products, wrappings, cans, bottles, containers, yard clippings, garden waste, debris, junk, glass, boxes, crockery, wood, mineral matter, plastic, rubber, leather, furniture, household goods, appliances, bedding, scrap lumber, scrap metal, construction material, inoperable machinery or parts thereof, garden or farming implements and supplies, dead or rotting vegetation, tires, abandoned, inoperative or unusable automobiles and vehicles and solid commercial or industrial waste.
[Added 12-19-2006 by L.L. No. 18-2006]
A. 
Open areas.
(1) 
Surface and subsurface water shall be appropriately drained to prevent the development of stagnant ponds.
(2) 
No shopping baskets, carriages or wagons shall be left unattended outside of the building from which they were taken by the person responsible for the said building or buildings.
(3) 
All fences shall be maintained by the person responsible for the property. Such maintenance shall include, but not be limited to, painting as needed and the replacement or repair of fences which may come into disrepair.
(4) 
All landscaping shall be maintained so that lawns, hedges, bushes and trees shall be kept neatly and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a safety hazard or a blighting factor having a tendency to depreciate adjoining property. Such maintenance should include, but not be limited to, the pruning or removal of trees and shrubs which may die and/or otherwise be destroyed.
[Amended 12-19-2006 by L.L. No. 18-2006]
(5) 
That portion of the public land between the property line and the traveled portion of any right-of-way fronting the property shall be maintained by the abutting owner in a condition that is neat, mowed as necessary and free of litter in its natural or improved state. Snow and ice shall be removed from sidewalks as per § 216-10 of the Yorktown Town Code.
[Amended 7-1-1978 by L.L. No. 10-1978; 4-5-1994 by L.L. No. 11-1994; 3-8-2000 by L.L. No. 8-2000]
(6) 
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, and necessary repairs or replacement accomplished. All off-street parking facilities shall be swept as often as necessary, in the determination of the enforcing officer.
(7) 
Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation and shall be maintained in a manner that will prevent rubbish from being blown about them. No person shall install a collection bin (as defined in § 138-1) on private or public property, except upon the granting of a permit pursuant to Chapter 138 or as part of an approved site plan. Collection bins, the property upon which they are located, and the public property adjacent thereto, including sidewalks, shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury and shall meet all requirements of § 138-4 or the approved site plan.
[Amended 10-21-2014 by L.L. No. 5-2014]
(8) 
All signs exposed to public view shall be maintained in good repair. Excessively weathered or faded signs shall be removed or put into good repair. Any nonoperative or broken electrical or other sign shall be repaired or removed.
(9) 
All exterior property and premises shall be maintained in a clean, safe and sanitary condition, free of accumulations of garbage, junk, refuse, rubbish and trash. Rubbish disposal containers and collection bins as defined in § 138-1 shall be tightly covered and maintained free of insect, vermin and rodent harborage and infestation.
[Added 12-19-2006 by L.L. No. 18-2006; amended 10-21-2014 by L.L. No. 5-2014]
B. 
Buildings and structures.
(1) 
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration.
(2) 
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, exterior wall, roof and porch or appurtenance thereto shall be maintained in a manner so as to prevent injury to the occupants of the building or to the public.
(3) 
The foundation walls of every building shall be maintained in good repair and be structurally sound.
(4) 
Exterior walls (including doors and windows), roofs and the areas around doors, windows, chimneys and other parts of a building shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. 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 material. Such object or materials shall be removed, repaired or replaced.
(5) 
Buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation.
[Amended 5-5-1987 by L.L. No. 12-1987; 7-16-1991 by L.L. No. 25-1991; 12-19-2006 by L.L. No. 18-2006]
The Building Inspector and his agents are authorized to enforce the provisions of this chapter and all rules, conditions and requirements adopted or specified pursuant thereto. This grant of enforcement authority is in addition to, not in lieu of, the enforcement authority and responsibility conferred upon the Yorktown Police Department pursuant to § 1-14 of this Code.
[Amended 5-5-1987 by L.L. No. 12-1987; 6-2-1998 by L.L. No. 19-1998; 4-20-2004 by L.L. No. 10-2004]
A. 
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a fine of $500 a day, not to exceed $5,000, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
A person convicted of a violation of this chapter within one year of a prior conviction for an unrelated offense under this chapter shall be punished by a fine of $1,000 a day, not to exceed $10,000 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment.
[Amended 5-5-1987 by L.L. No. 12-1987]
In addition to, and not in substitution for, the penalty provision of § 225-5, the Building Inspector may refer an incident of an offense against any provision of this chapter to the Town Board for further action. Upon failure of a responsible person to promptly correct said offense, the Town Board may direct correction of the violation as provided by law at the expense of the town, and may appropriate funds therefor, and all costs of such correction shall constitute a lien upon the subject property and shall draw interest equal to interest on delinquent taxes, and may be collected in the same manner as delinquent taxes.
The Building Inspector shall initiate inspections and investigations and shall receive information and complaints concerning compliance with this chapter. Covering the calendar month preceding the report, he shall submit a written report to the Town Board containing cumulative totals of inspections and investigations initiated.
[Added 12-19-2006 by L.L. No. 18-2006]
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe condition is immediately remedied, removed or repaired, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the remedy, removal or repair of such unsafe condition. The expenses of such remedy, removal or repair shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 225-9.
[Added 12-19-2006 by L.L. No. 18-2006]
All expenses incurred by the Town in connection with the proceedings to remedy, remove or repair any unsafe condition, as well as a surcharge of 10% and legal expenses, shall be assessed against the land on which such unsafe condition is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
[Added 12-19-2006 by L.L. No. 18-2006]
Properties enrolled in an agricultural district established by the County of Westchester and certified by the New York State Department of Agriculture and Markets shall be exempt from the provisions of this chapter to such extent as is necessary to prevent unreasonable restriction or regulation of farm operations within such agricultural district in contravention of the purposes of Article 25-AA of the New York State Agriculture and Markets Law, unless it can be shown that the public health or safety is threatened.