The purpose of this chapter is to provide basic
and uniform property and maintenance standards governing the condition
and maintenance of all residential properties (including rental properties),
commercial and industrial units, including but not limited to offices,
places of public assembly, shopping centers, supermarkets, retail
stores, warehouses, manufacturing and fabrication plants, gasoline
stations and other business uses. This chapter shall be known as the
"Property Maintenance Code of the Incorporated Village of Manorhaven."
As used in this chapter, the following terms
shall have the meanings indicated.
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.
ALTERATION
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
Approved by the Superintendent of Buildings of the Village.
BASEMENT
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.
BATHROOM
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.
BOARDER
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.
BRUSH
A dense growth of unkempt brushes or shrubs, land covered
by growth and/or cut or broken branches and/or land covered with scrub
vegetation. Scrub or stunted shrubs and trees.
BUILDING
Any structure used or intended for the use of supporting
or sheltering any use or occupancy.
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.
CELLAR
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 established finished grade of the ground adjoining
the building.
CODE OFFICIAL
The officer or other designated authority charged with the
administration and enforcement of this Code.
COMPOST
Organic fertilizing mixture.
COURT
A required and open occupied space on the same lot and enclosed
on at least three sides by walls of a building.
CULTIVATE
To improve and prepare (land), as by plowing or fertilizing;
till; to loosen or dig soil around (growth plants); to promote growth,
and/or improve by labor or care.
DEBRIS
Any garbage, litter, used automotive parts, construction
waste, refuse or other solid waste.
DWELLING
Any building which is wholly or partly used, 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 each
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.
EXIT
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.
FAMILY
Any number of individuals related by blood, marriage or legal
adoption, living and cooking on the premises as a single housekeeping
unit, or a group of not more than five persons 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.
GARAGE, PRIVATE
A detached accessory building or attached part of portion
of a main building, on a non-residentially 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 occupant 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
An uninhabitable accessory building, or the uninhabitable
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.
GARBAGE
All putrescent animal or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
GRASS
Ground cover used as turf grass or lawn cover exclusive of
ornamental plantings and grasses.
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 7 1/2 feet
(90 inches) 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 7 1/2 feet (90 inches) or more for a minimum
horizontal measurement of seven feet, with sidewalls of not less than
5 1/2 feet (66 inches) in height.
HAZARDOUS MATERIALS
Those chemicals or substances are physical hazards or health
hazards as defined or classified in this section and the Fire Code
of the State of New York, whether or not the materials are in unstable
or waste condition.
INFESTATION
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 noticeable 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 public waterways or upon public lands, as the case
might be.
KITCHEN
A space of 60 square feet or more in floor area, located
in a dwelling or other structure, and designed and intended or actually
used for the preparation and cooking or warming of food.
KITCHENETTE
A space of less than 60 square feet 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.
LOT
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.
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
of 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.
PERSON
Any individual, partnership, corporation or other entity.
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.
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.
REFUSE
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.
RIGHT-OF-WAY
An easement for passage or access for passage or access upon
or across the lands of another.
SEWAGE
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
141 of the Village Code.
STRUCTURE
A combination of materials, other than a building, to form
a construction that is safe and stable, including, among other things,
stadiums, gospel and circus tents, reviewing stands, platforms, stages,
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."
TENANT
A person who rents a portion of a private residence with
cooking facilities therein.
UNOCCUPIED HAZARD
Any building or part thereof situated within any 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.
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.
VENTILATION
Supply and removal of air to and from a space by natural
or mechanical means.
WEED
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flower and gardens.
[Amended 5-25-2017 by L.L. No. 18-2017]
YARD
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.
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.
All buildings, yards, courts, open areas and vacant lots which are in violation of this chapter and/or Chapter
99 of this Code 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.
[Amended 4-27-2017 by L.L. No. 11-2017]
A. Any violation of this chapter other than a violation of §
112-18, and any violation of any rule or regulation made under authority conferred thereby, shall be deemed a violation, and any person found guilty thereof shall be liable and punishable for each such violation as follows: by a fine not less than $250 nor more than $1,000 for conviction of a first offense; by a fine not less than $1,000 nor more than $2,500 for a conviction of a second offense, both of which offenses were committed within a period of five years; and by a fine not less than $2,500 nor more than $5,000, or both, upon conviction for a third or subsequent offense, all of which offenses were committed within a period of five years.
B. Any person who violates §
112-18 (Noxious growths) shall be guilty of a violation punishable by a fine in an amount established by resolution of the Board of Trustees. Each week’s continued violation shall constitute a separate violation of this chapter.
It is hereby declared to be the policy of the
Village Board to prohibit the deposit and accumulation of litter,
rubbish and all forms of waste material upon public and private property
located within the Incorporated Village of Manorhaven so as to increase
fire hazards and promote the public welfare.
A. No person, firm or corporation shall deposit, throw
or scatter, or suffer, permit or allow the accumulation of any filth,
dirt, ashes, junk, garbage, wastepaper, dust, rubbish, an excess of
sticks and stones, paper or paper boxes, iron, tin, nails, bottles
or glass of any kind, old cars and parts thereof, or any other kind
of rubbish or waste material, upon any sidewalk, Village street or
public place, or upon any vacant or improved lot, piece or parcel
of ground abutting upon any sidewalk, Village street or public place
or upon any private property within the Incorporated Village of Manorhaven.
Nothing herein shall be deemed to prohibit the placing of garbage,
rubbish or litter in containers or appropriately bundled for the purpose
of having such material collected.
B. The owner and/or person in possession and control
of any private property, either occupied or vacant, shall at all times
maintain the premises in a neat, clean, safe, sanitary and orderly
condition and free from the deposit and accumulation of rubbish, garbage
and litter as detailed in the immediately preceding subsection of
this section. Nothing herein shall be deemed to prohibit the placing
of garbage, rubbish or litter in containers or appropriately bundled
for the purpose of having such material collected.
C. Any owner of real property located in the Village
of Manorhaven who fails to cut, trim or remove brush, trash, rubbish
or weeds upon notice to do so may, upon default thereof, have said
brush, trash, rubbish, weeds or other materials cut, trimmed or removed
by the Village of Manorhaven, and the total cost as determined by
the Board of Trustees may be assessed upon the real property on with
such brush, trash, rubbish or weeds are found, and said cost shall
constitute a lien and charge on the real property on which it is levied
until paid or otherwise satisfied or discharged and shall be collected
by the Village Treasurer in the manner provided by law for collection
of delinquent taxes.
D. It shall be unlawful for any person, firm or corporation
employed by a homeowner or business to perform work on said homeowner's
or business' premises, to deposit, throw or scatter, or suffer, permit
or allow to be deposited upon the public or private property located
within the Village of Manorhaven any accumulated filth, dirt, junk,
garbage, wastepaper, dust, rubbish, an excess of naturally occurring
substances such as sticks, stones, grass, wood, leaves, paper or paper
boxes, iron, tin, nails, bottles or glass of any kind or any other
kind of rubbish or waste material which has been collected by said
person, firm or corporation while in the employ of a homeowner or
business.
No tree, bush, shrub, fence, wall or other structure located on any land at or near any intersection on any Village street shall be allowed by the owner or owners thereof to remain if it obstructs or interferes with the view of either intersecting Village street by drivers of vehicles, on either Village street, at a point more than two feet and less than six feet above the street level and within 20 feet of the point of intersection of the two Village streets, but this prohibition shall not apply to buildings built prior to the effective date of this chapter, or so long as there is on file with the Village Clerk a certificate signed by the Superintendent of Buildings or the Code Enforcement Officer for public safety that the erection or maintenance of the tree, bush, shrub, fence, wall or other structure does not constitute a traffic hazard. Nothing herein shall prevent the withdrawal by the Superintendent of Buildings of a certificate previously filed with the Village Clerk. Also see §
132-10, Interference with use of sidewalks prohibited.
All persons owning or in control of land abutting
upon sidewalks, Village streets or public places shall keep said parcel
or parcels of land in a neat and orderly condition, including trimming
of bushes and shrubbery. Grass and weeds shall be maintained at a
height no greater than eight inches.
Occupants of dwelling units shall be responsible
for compliance with this chapter in regard to the following:
A. Maintenance of that part of the premises which occupant
occupies or controls in a clean, sanitary, neat 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 are occupied or controlled
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
C. 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.
D. Extermination of insects, rodents or other pests within
his or her dwelling unit.
E. 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.
F. Keeping domestic animals and pets in an appropriate
manner and under control.
G. Elimination of all prohibited uses for that part of
the premises which are occupied, controlled or has accessibility thereto.
All courts, yards or other areas on the premises
of each building shall be maintained so as to be properly graded and
drained. 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. Storm drains shall be kept clear and free of debris.
Water shall not be discharged on streets or highways.
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.
[Amended 5-24-2018 by L.L. No.
8-2018]
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.
A. New bamboo prohibited. Upon the effective date of this chapter, planting
or installing bamboo shall be prohibited within the Village of Manorhaven.
Any person who shall thereafter plant, install, or cause or permit
the planting or installing of bamboo within the Village shall be deemed
to be in violation of this section and shall be subject to the penalties
set forth hereunder.
B. Existing bamboo regulated. Any bamboo which has been planted, installed
or otherwise permitted to grow in any property within the Village
of Manorhaven prior to the effective date of this chapter may remain
on such property, subject to compliance with this chapter. Property
owners shall be responsible to ensure that preexisting bamboo does
not encroach or grow upon any adjoining or neighboring property or
properties, including all public property and rights-of-way held by
the Village, and shall be required to take such reasonable measures
to prevent such bamboo from invading or growing onto adjoining or
neighboring properties. Such measures shall include installation of
sheathing comprised of metal or other material impenetrable by bamboo
at a sufficient depth within the property line or lines where the
bamboo is planted or is growing to prevent the growth of encroachment
upon adjoining or neighboring property by said bamboo.
C. Replanting prohibited. Preexisting bamboo may not be replanted or
replaced in kind once such bamboo is or has become, for any reason,
dead, destroyed, uprooted or otherwise removed.
D. Each day that a violation of this chapter continues shall constitute
a separate offense.
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.
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:
A. 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;
B. 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
C. Exterminate or eliminate all harborages of insect
pests, rodents, vermin and other animal pests and keep and maintain
the premises free and clear therefrom.