[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 3-23-1994 by L.L. No. 2-1994; amended in its entirety 9-26-2007 by L.L. No. 9-2007. Subsequent amendments noted where applicable.]
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.
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.
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 Superintendent of Buildings of the Village.
Material and construction approved by the Superintendent
of Buildings 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.
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.
Any structure used or intended for the use of supporting
or sheltering any use or occupancy.
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 established finished grade of the ground adjoining
the building.
The officer or other designated authority charged with the
administration and enforcement of this Code.
Organic fertilizing mixture.
A required and open occupied space on the same lot and enclosed
on at least three sides by walls of a building.
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.
Any garbage, litter, used automotive parts, construction
waste, refuse or other solid waste.
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.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing two dwelling units occupied exclusively
for residential purposes by families living independently of each
other.
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.
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.
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.
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.
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.
All putrescent animal or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Ground cover used as turf grass or lawn cover exclusive of
ornamental plantings and grasses.
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.
Danger or risk.
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.
The presence of insects, rodents, vermin or other pests.
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.
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.
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.
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.
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.
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.
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.
Any individual, partnership, corporation or other entity.
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.
Water which is approved for drinking, culinary and domestic
purposes.
The same as "lot."
A one- or two-family dwelling occupied exclusively for residence
purposes by one or two families, respectively, as defined in this
section.
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.
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.
An easement for passage or access for passage or access upon
or across the lands of another.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
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.
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."
A person who rents a portion of a private residence with
cooking facilities therein.
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.
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.
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.
Supply and removal of air to and from a space by natural
or mechanical means.
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]
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.
A.
Open areas; parking spaces.
(1)
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 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.
(2)
Fences and other accessory structures shall be maintained
in a safe and non-deteriorated condition.
(3)
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 shall be made. Sidewalks, curbs, aprons, ramps and driveway approaches shall be constructed in accordance with the specifications set forth in Chapter 132 of the Village Code or with porous materials.
(4)
Yards, courts and vacant lots shall be kept clean
and free of physical hazards, rodent and insect harborage, infestation
and debris. They shall be maintained in a manner that will prevent
excessive 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.
(5)
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 person or property shall be removed by the property owner.
(6)
A junked vehicle may not be parked, stored or left
in the open.
(7)
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance
shall include but not be limited to the replacement of trees and shrubs
which may die and/or otherwise be destroyed, the maintenance and cutting
of lawns and the replacement and/or repair of fences which may be
in disrepair.
(8)
Restaurants and other eating facilities shall have
garbage containers sufficient in number for all of their solid waste
and shall maintain them in satisfactory condition.
(9)
All areas used for off-street parking, storage of
trucks and of other motor vehicles and access driveways, including
any right-of-way or easement over the subject property, shall be surfaced
with porous paving materials in accordance with the following specifications:
not less than two inches of broken stone after compaction and one
inch of premixed bituminous material after compaction; or concrete
not less than four inches thick; or, in a residential district, Belgian
block or brick not less than four inches thick.
(10)
Boat storage shall only be permitted on the side of
the house and must be set back behind the front line of the house,
unless no such area is available for such use and in that event upon
application to the Building Department only in such area as designated
by the Building Department. The boat must be covered with a tarp except
between April 1 through October 31.
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 or weathering. Said surfaces having once been
coated with any finish, such as paint, varnish, lacquer, etc., must
be continuously maintained and recoated as necessary to keep uniformity
of color and texture. Such surface shall be recoated in a workmanlike
manner.
(2)
Every exterior wall, roof and porch or appurtenance
thereto 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.
(3)
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
(4)
Exterior walls, roofs and all openings, doors and
windows, including glass, chimneys and other parts of a building,
shall be 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 and improperly secured objects
and materials. Such objects or materials shall be removed or replaced.
(5)
The owner of an occupied and/or vacated bulldings/property
shall take such steps and perform such acts as may be required of
him from time to time by the Village's Superintendent of Buildings,
the Building Inspector or the Code Enforcement Officer 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. All openings
shall be provided with painted exterior-grade plywood closures, securely
fastened.
(6)
Buildings and structures shall be maintained in such
condition so that they shall not become an unoccupied hazard as defined
in this chapter. All graffiti or defacing shall be removed and the
surface finish restored within a five-day period.
(7)
All signs, awnings and lighting systems shall be maintained
in a completely operable, clean, non-deteriorated and safe condition.
(8)
All decorative pools and similar devices shall be
maintained free of litter and operated as intended. Should the maintenance
costs of such devices prove unacceptable, the device shall be removed.
(9)
Fuel-burning or heat-producing equipment shall be
installed and maintained so that the emissions or discharge into the
atmosphere of smoke, dust particles, odors or other products of combustion
will not create a nuisance or be detrimental to the health, comfort,
safety or property of any person.
(10)
Chimneys, flues and their supports shall be installed
and maintained so as to be structurally safe, durable, smoke-tight,
noncombustible and capable of withstanding the action of flue gases
without softening, cracking or corroding.
(11)
Air-conditioning units which are over any public opening
shall have condensation piped away from the entranceway of same.
(12)
Electrical fixtures, devices, wiring and systems shall
be maintained in safe working condition, keeping in mind energy conservation,
and shall be turned off when not in use, so as not to be a potential
source of ignition of combustible material or an electric hazard or
shock, and shall be properly connected to a reasonable, adequate source
of electrical power.
(13)
All plumbing fixtures, sanitary facilities, plumbing
appliances and plumbing equipment shall be properly maintained in
good working condition.
(14)
If a sign is removed from the exterior of a building
or structure, the area that was covered by the removed sign and now
left exposed, even if a new sign is installed, shall be cleaned and
maintained so that the exterior of the building or structure shall
have a uniform color and texture.
(15)
Street numbers. Each residence shall be required to
display the house numbers in a location easily observed and readable
from the public right-of-way. Placing numbers behind screen doors
is not permitted. All numbers shall be Arabic numerals at least three
inches high and 1/2 inch wide.
C.
Dumpsters.
(1)
All permanent dumpsters shall be enclosed with fencing
and shrubs and other screening as approved by the Superintendent of
Buildings.
(2)
The use of temporary dumpsters shall only be permitted
when stored on the property for which they are being used and shall
not block the fire hydrant. A permit must be applied for and approved
by the Building Department. Should the curb, apron or sidewalk be
damaged during the dropoff or pickup of the dumpster, the property
owner or resident shall be responsible for repairs within five working
days. In the event that it is impossible to store the dumpster on
the property, the Superintendent of Buildings shall determine if the
dumpster can be placed in the street. When placing the dumpster in
the street, the following requirements must be satisfied:
(a)
Permit application must be completed and returned
with appropriate fees.
(b)
The dumpster shall be obtained from a certified
carter that has been prequalified with the Village of Manorhaven.
The carter shall provide the Village of Manorhaven with liability
insurance naming the Village as an additional insured entity in the
amount of $3 million.
(c)
The size shall be limited to a twenty-yard container.
(d)
The dumpster shall be placed in a location chosen
by the Building Department and shall have reflective tape and flashing
lights visible during evening hours.
(e)
The use of the dumpster shall be limited to
a seventy-two-hour period if ft is to be placed in the street.
(f)
The permit shall require a fee of $50 and an
additional bond of $500. The bond shall be returned once the dumpster
is removed and the street and curb inspected for any damage that may
have occurred. If there are any damages, the cost of repair shall
be assessed against the bond.
D.
Unoccupied hazard. Unoccupied hazards shall be subject
to condemnation in accordance with the laws of the State of New York
and this Village.
E.
Swimming pools must be maintained in a clean and sanitary
condition and in good repair.
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.
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.
A.
No person in charge of or in control of premises,
whether as owner, lessee, tenant, occupant or otherwise, shall allow
any abandoned, partially dismantled, damaged, wrecked, junked, discarded
or otherwise inoperable motor vehicle, whether or not bearing thereon
currently effective registration plates, tabs or stickers, to remain
on such property for longer than 10 days, except as hereinafter provided.
B.
This regulation shall not apply with regard to any
motor vehicle that is:
(1)
Wholly enclosed within a building located on said
premises or so located upon the premises as not to be visible from
any public place or from any surrounding or adjoining private property.
(2)
Located upon premises situated in a district zoned
for business or E1 use, or where a business use may lawfully be conducted
on such premises.
(3)
Maintained or stored in an appropriate storage facility
or depository maintained in a lawful manner by the Village or other
public agency or authority.
(4)
The only such vehicle on the premises, provided such
vehicle is covered with an appropriate covering so that no part of
the vehicle is visible.
C.
The Superintendent of Buildings or Code Enforcement Officer of the Village designated by the Mayor to enforce the provisions of this chapter, upon determining that a motor vehicle in a condition described in § 112-10A is being kept or maintained upon private property in violation of the provisions hereof, shall cause notice to be delivered by certified or registered mail or in person, to the owner and to the lessee, tenant, occupant or other maintainer of said premises, directing that said motor vehicle either be removed from said premises or relocated thereon in such manner as not to be visible from any public place or from any surrounding or adjoining private property, not later than five days after such notice is served.
(1)
In the event that the remedial action specified in § 112-10C is not taken within five days after such notice is served, the Village may enter upon such premises and remove said abandoned, partially dismantled, damaged, wrecked, junked, discarded or otherwise non-operating or inoperable motor vehicle and to dispose of the same in the same manner provided for disposal of a vehicle that is abandoned or found on a Village street.
(2)
The cost of such removal and disposal and any towing
or storage charges incurred by the Village in connection therewith
shall be billed to the record owner of said premises, as appears from
the then-current real property tax roll and, if not paid within 30
days thereafter, shall be assessed upon the real property from which
said motor vehicle, or any part thereof, was removed from, pursuant
to this section. Said cost shall constitute a lien and charge upon
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
same manner provided by law for the collection of delinquent taxes.
A.
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.
B.
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.
A.
Responsibility of landowners. For the protection of
the residents of the Village of Manorhaven, it shall be the duty of
all owners of land in the Village to maintain their properties in
such a manner as to properly control the growth of brush, turf grass,
hedges, weeds, overhanging tree limbs at property lines and the accumulation
of rubbish thereon.
B.
Notice to cut or remove. If, in the judgment of the
Building Superintendent, any brush, grass, hedges, rubbish or weeds
are in need of being cut, trimmed or removed because the same constitute
or are about to become a fire, health or safety hazard, the Superintendent
of Buildings shall cause a notice, in writing, to be served upon the
owner, demanding that such action be taken by the owner within 10
days from the date of the notice. Such notice to comply shall be mailed
to such owner, addressed to his last known address, and shall be deemed
to constitute sufficient service thereof.
A.
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, easement or alley adjacent
to the same, between the property line and the curb, or a right-of-way,
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.
B.
If any owner, lessee, occupant or person in control of any lot as described in § 112-13A 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.
C.
For the purposes of this section, any turf 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.
D.
Upon the failure to comply by the owner, the cutting,
trimming or removal may be done by the Village and the expense thereof
assessed by the Village against the real property on which such brush,
turf grass, hedges, rubbish or weeds in need of being cut trimmed
or removed are located, and said expense shall constitute a lien and
charge upon such real property, until the same is paid or otherwise
satisfied or discharged, and shall be collected in the same manner
provided by law for the collection of delinquent taxes.
E.
Land abutting streets. No owner of land fronting or
abutting on a street or road in the Village of Manorhaven shall permit
any growth of brush, turf grass or weeds to a greater height than
six inches or any accumulation of rubbish between his property line
and the center of the street or road. Such brush, turf grass, weeds
or rubbish shall be cut, trimmed or removed as often as may be necessary
to comply with the foregoing provisions of this section.
(1)
If such owner shall fail to comply with the foregoing
provisions of this section, the Superintendent of Buildings shall
cause a notice, in writing, to be served upon such owner, demanding
that the owner comply with such requirements within 10 days from the
date of the notice. Such notice to comply mailed to such owner, addressed
to his last known address, shall be sufficient service thereof.
(2)
Upon failure to comply by the owner, the cutting, trimming or removal may be done by the Village with costs assessed in the manner proscribed by § 112-12B.
(3)
If the Superintendent of Buildings has served a notice
to comply on an owner pursuant to this section and if, within six
months from the date of the said notice, the same owner of the same
property again permits any growth of such brush, turf grass or weeds
to a greater height than eight inches or any such accumulation of
rubbish, the cutting, trimming or removal may be done by the Village
without the necessity of another notice to comply, provided that the
notice to comply sent to the owner on the first occasion specified
that such action could be taken without further notice.
(4)
Each and every occasion on which cutting, trimming
or removal is done by the Village pursuant to this section shall constitute
a violation of this section by the owner, and for each and every violation
the owner shall be subject to a penalty, which shall be and hereby
is fixed at a sum equal to the expense of such cutting, trimming or
removal as determined by the Superintendent of Buildings plus the
cost of the enforcement proceeding.
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.
A.
It shall be prohibited to use for sleeping purposes
any kitchen, uninhabitable space or public space.
B.
It shall be prohibited to use any cellar space as
habitable space.
C.
Use of a single-family dwelling by more than one family
is prohibited.
D.
Use of a two-family dwelling by more than two families
is prohibited.
E.
No person shall use a mobile home, trailer or travel
trailer for business purposes in the Village or in conjunction with
such business purposes.
F.
A garage, whether attached or detached, may not be
used as a habitable unit unless it meets the specifications and requirements
of this Code.
G.
Temporary storage containers.
(1)
Definition: "Storage container" means any container
intended for the 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.
(2)
It shall be unlawful for any person, firm or corporation
to place, keep or maintain any storage container on any residential
property without securing a permit.
(3)
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 within application fee of $100
for a new permit or $75 for a time extension of a permit.
(4)
A permit for a storage pod may only be granted if
there is currently a permit for improvement to a dwelling with a cost
of improvement for the time to be determined according to the need.
(5)
A storage container may not be more than 120 square
feet, and no more than eight feet in height.
(6)
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 a 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 reasonable use
of adjoining property.
(7)
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 mailing said
notice addressed to such person at the address which appears on the
records of the Building Department.
(8)
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 Building Superintendent. It shall be mandatory that the storage
container be removed at the end of the permitted period of time.
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.
