This chapter shall be known and may be cited as the "Health and Safety
Law of the Incorporated Village of Sea Cliff."
The standards set out in this chapter have been promulgated to provide
a procedure to correct property conditions which endanger the health, safety
or welfare of the residents of the Village and others.
A person shall be subject to penalty for violating the standards set
forth in this chapter only when it is adjudicated by the Village Justice Court
that the allegedly violative condition endangers the health, safety or welfare
of the landowner, occupant, Village residents or general public and that the
advantage to the community of correcting or removing the condition outweighs
the financial obligation caused thereby upon the alleged violator.
For the purposes of this chapter, the terms used and the usage of words
shall be the same as in the Zoning Law of the Incorporated Village of Sea
Cliff. Other terms herein are defined and listed in §
78-12.
In order to protect the health and safety of tenants and the general
public in rental units and commercial buildings, all sections of such buildings
and structures shall conform to the following requirements:
A. Exterior walls (including doors and windows), roofs and
all areas around doors, windows, chimneys and other parts of the building
and structure shall be so maintained as to keep water from entering the building
and structure and to prevent undue heat loss from occupied areas.
B. Floors, walls, ceilings, stairs and fixtures and furnishings
owned by the owner shall be maintained in a safe and sanitary condition.
C. Interior floors, walls, ceilings, stairs and all other
interior parts of all buildings and structures and all loose, unsecured or
improperly secured objects and material shall be maintained, repaired or replaced
in a manner so as to prevent the collapse of the same or injury to the occupants
of the building or to the public.
D. Foundation walls shall be maintained in good repair and
shall be structurally sound.
In addition to complying with all requirements for buildings and structures set forth in §§
78-6 and
78-7 above, all vacated or abandoned buildings and structures, including those buildings and structures accessory to or on the same property as occupied buildings and structures, shall be maintained safe and secure. All openings in abandoned buildings and structures, and in vacated buildings and structures which present a danger to the general public, shall be completely covered with securely fastened painted, exterior-grade plywood or other method providing equal security.
If any person adjudicated to be in violation of this chapter and who
owns the subject premises shall fail to remove or correct the condition within
such time as shall have been directed by the Village Justice, such work as
shall be necessary to remove or correct the violation may be performed on
behalf of the Board of Trustees, and the entire cost thereof, including any
attorneys' fees incurred, shall be assessed by the Board of Trustees upon
the real property in question. The expenses and fees so assessed shall constitute
a lien and charge upon such real property until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the same time
as other charges, taxes and assessments of the Village of Sea Cliff. This
remedy shall be in addition to any penalty provided for under this Code.
As used in this chapter, the following terms shall have the meanings
indicated:
GARBAGE
All putrescible wastes, except sewage and body waste, including waste
accumulations of animal or vegetable matter, and waste that attends the preparation,
use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables.
"Garbage" also includes but is not limited to rubbish, offal, litter and filth.
The term "garbage" shall not include recognized industrial by-products.
INFESTATION
The presence of rodents, vermin or other pests in such manner as
to be detrimental to the health, safety and welfare of Village residents.
LITTER
Garbage, refuse and rubbish as herein defined and all other waste
and discarded material of any kind which, if thrown or deposited as herein
prohibited, tend to create a nuisance or danger to public health, safety and
welfare.
REFUSE
All putrescible and nonputrescible wastes, including garbage, rubbish,
ashes, newspapers, dead animals or fowl, discarded vehicles, cesspool waste
and commercial, industrial and institutional wastes.
RUBBISH
Solid wastes consisting of both combustible and noncombustible wastes,
such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, discarded furniture, crockery, street cleanings
and similar materials.