Village of Woodsburgh, NY Chapter 111 Property Maintenance

[HISTORY: Adopted by the Board of Trustees of the Village of Woodsburgh 11-24-2003 by L.L. No. 5-2003. Amendments noted where applicable.]

§ 111-1 Regulation.

It shall be unlawful for any owner or occupant of real property within the Village to permit to exist on such premises, or on the portion of such premises between the property line and the street line, any of the following conditions:

A. Lawns, weeds, grass or other rank vegetation of any kind having a height in excess of eight inches.

B. Dead or dying grass, weeds or brush.

C. Garbage, household waste, rubbish, litter or refuse of any kind, including but not limited to newspapers, cans, bottles, boxes, cartons, wrappings, wastepaper or offensive material ("materials") to accumulate thereon, or be deposited, stored or held outside the principal building thereon except in a garbage receptacle or container, and any such receptacle or container, or materials, to be in view from the public roadway. Notwithstanding the restriction herein, a garbage receptacle, garbage container or household bulk items may be located and/or placed within 10 feet from the curbline of a public street or the edge of the paved portion of a public street after 6:00 p.m. on the day immediately preceding any day on which the owner has scheduled a special pickup for garbage or bulk item collection for such property and on each such day on which the scheduled pickup is to take place.

[Amended 4-17-2023 by L.L. No. 1-2023]

D. Any dangerous or hazardous condition or any condition which may adversely affect the public health, safety or welfare or which may adversely affect the health or safety of any person on premises other than the premises on which the condition exists.

§ 111-2 Notice to owner.

If the Building Official determines that a condition exists on a premises in the Village in violation of the provisions of this chapter, the Building Official shall give notice to the property owner, and/or the person or entity occupying such premises, directing and requiring such person or entity to remove or cure such condition within a period of time stated in such notice. Such notice shall be given by a) personal delivery to the owner or person or entity in control of such premises or b) placing a copy of such notice in a conspicuous place on the premises and sending an additional copy of such notice by first class mail, and by certified mail, return receipt requested, addressed to such person at such person's last known residence address or the address of the premises. If the premises are vacant, and the Building Official has knowledge of such vacancy, the mailing of such notice may be to the address indicated in the Village tax rolls for transmission of tax bills.

§ 111-3 Compliance.

Any person served with a notice to remove or cure a violation shall comply with such notice within the period of time specified in such notice.

§ 111-4 Failure to comply.

A. If any person or entity to whom notice is sent pursuant to this chapter neglects, fails or refuses to comply with the requirements of the notice within the period of time stated in such notice, the Building Official shall make a written report of such default to the Village Clerk.

B. Upon receipt of such report, the Village Clerk shall give written notice to the owner or occupant, or other person or entity in control of the premises, directing that such person or entity appear before the Board of Trustees at a time and place designated in such written notice and show cause why the Board of Trustees should not find that a violation of this chapter has occurred and why such owner, occupant and/or person or entity should not be required to remove such violation at the expense of such owner and/or person or entity. Such notice from the Village Clerk shall be served a) by personal delivery to the person(s) or entity to which it is addressed or b) by placing a copy of the notice on the premises in a conspicuous place and sending an additional copy of such notice by first class mail, and by certified mail, return receipt requested, to the addressee at the addressee's last known address or the address of the premises. If the premises are vacant, and the Village Clerk has knowledge of such vacancy, such notice shall be mailed to the addressee at the address indicated in the Village tax rolls for mailing of tax bills.

C. At the date and time designated in such notice, the Board of Trustees shall hear any responses from any person to whom such notice was given. After consideration of such information, and such other information as may come to its attention, the Board of Trustees shall determine if a violation of this chapter has occurred. In the event the Board of Trustees determines that a violation has occurred, the Board of Trustees may authorize appropriate work to be performed or services to be rendered to remove or cure the specified violation and pay the cost thereof from the general funds of the village appropriated by the Board of Trustees for such purpose.

§ 111-5 Reimbursement of Village expenses.

The owner of the premises where any such remedial or curative work is performed by the Village or at the expense of the Village shall reimburse the Village for the cost of the work performed or the services rendered upon demand therefor from the Village. Such reimbursement shall include the cost of any professional services required by the Village to obtain or compel compliance with the provisions of this chapter and any other expenses incurred by the village for compliance with the provisions of this chapter, including any proceedings necessary to obtain permission of a court to enter the premises and perform such work. If such reimbursement is not made within 30 days after demand, the amount so unpaid shall be included as an additional assessment against the property in the same manner as taxes due the village, in the manner provided by law.

§ 111-6 Emergency situations.

A. If a violation of this chapter is alleged to have occurred, and the conditions constituting such violation are deemed by the Village to constitute an imminent danger to the public health, safety and welfare, the Village shall give such notice to the owner or occupant of the property where such alleged violation exists as may be reasonable and appropriate under the circumstances and may thereafter take such action as the Village deems appropriate to cure or remove such imminent danger.

B. Upon subsequent notice to the owner of the property where such violation is alleged to have occurred or where such dangerous condition is alleged to have existed and, after an opportunity for such owner to be heard, the Board of Trustees may determine that the costs and expense incurred by the village for the cure or removal of the imminent danger shall be reimbursed to the Village in the same manner as provided in § 111-5 of this chapter.

§ 111-7 Prohibition against invasive plant species.

[Added 4-13-2011 by L.L. No. 1-2011]

A. The plant species specified in this section are hereby determined to be invasive, and dangerous to the public health, safety and welfare of persons and property in the Village of Woodsburgh. From and after the time any plant species is placed on such list, no person or entity shall plant, or cause or permit the planting of, any such plant species in the Village of Woodsburgh.

B. In the event any such prohibited invasive species is located on any property in the Village at the time such species is identified as a prohibited species, or is planted on any property in violation of this section, the owners and occupants of the property on which such plant is so located or planted shall be responsible to confine the plant to the property of such owner or occupant, take any and all reasonable action necessary to prevent such plant from invading any other property in the Village, and be liable for the reasonable expenses incurred by the owner of any property in the Village invaded by such plantings for removal of such plantings and prevention of further invasion. Such liability shall be in addition to any liability, civil or otherwise, for violation of the provisions of this section.

C. The following plant species are prohibited in the Village of Woodsburgh pursuant to this section:

(1) Golden bamboo, also known as Phyllostachys aurea;

(2) Japanese bamboo, also known as Phyllostachys bambusoldes;

(3) Common bamboo, also known as Bambusa vulgaris;

(4) Arrow bamboo, also known as Pseudosasa japonica;

(5) Any species commonly considered to be classified as 'bamboo'.

§ 111-8 Maintenance of drainage facilities on private property.

[Added 8-21-2023 by L.L. No. 4-2023]

A. Surface and subsurface water shall be drained to prevent damage to paved surfaces, buildings, structures and adjoining property and to prevent development of stagnant water. Swales, dry wells, gutters, culverts, catch basins, drain inlets, stormwater sewers, drainage structures, and sanitary sewers or other satisfactory drainage systems ("drainage facilities") shall be provided and maintained in good operating condition to achieve the foregoing.

B. In no case shall the water from any rain leader or drainage facility be allowed to flow over the boundary of private property onto the public right-of-way or an adjoining property.

C. Maintenance of drainage facilities shall be in accord with guidelines adopted by the Building Department. Such guidelines, at a minimum, shall require that private property owners clean drainage facilities as needed, remove trash and debris from drainage facilities as needed, and annually inspect drainage facilities.