[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 10-2-2000 by L.L. No. 6-2000. Amendments noted where applicable.]
Multifamily premises, commercial premises and single-family residences shall be maintained in conformity with the provisions of this chapter so as to establish reasonable safeguards for the safety, health and welfare of the occupants and users thereof and of the general public.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL PREMISES
- A building, structure or land used for any purpose other than for single-family or multifamily purposes, including premises used for retail purposes, business purposes or industrial purposes.
- MULTIFAMILY PREMISES
- Any building which is used as a home or residence, other than a single-family residence, together with any garage or other accessory buildings and the lot upon which such building or buildings are constructed.
- SINGLE-FAMILY RESIDENCE
- A building which is occupied exclusively as the home or residence of a single family, together with any garage or other accessory building and the lot upon which such building or buildings are constructed.
Fences and retaining walls shall be maintained in a safe condition.
In the case of multifamily premises and commercial premises, steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Within 10 hours after the cessation of snowfall, snow shall be plowed or shoveled from all steps, walks, driveways and parking areas used or intended to be used by tenants, occupants, customers, invitees or other members of the public.
No snow removed from driveways, walks or other areas shall be deposited upon the public streets or highways so as to interfere with the use of such streets or highways or with the use of any other premises.
In the case of multifamily premises and commercial premises, all driveways and parking spaces provided shall be covered with broken stone, gravel, concrete or asphalt paving and shall be kept in good repair, and such driveways and parking spaces shall be regularly cleaned to avoid accumulation of dirt, paper and other debris. On commercial premises, all parking areas shall be paved with concrete or asphalt, and all parking spaces shall be clearly marked with painted white, yellow or blue lines.
The owner shall keep all and every part of the premises which he/she owns, as well as any public rights-of-way from the owner's building line to the nearest public street, in a clean, sanitary and safe condition, broom-swept and free from litter, debris, paper, dirt, garbage and junk and, except for public improvements, in good repair.
In addition to a property owner keeping every part of his/her property maintained, the property owner is also required to maintain his/her lawn, including rear and side yards, and shall also be responsible to maintain the grass on any public right-of-way from the owner's building line to the nearest public street. Grass shall not be permitted to exceed six inches.
The owner shall keep all and every part of the premises which he/she owns free from dead or incurably diseased trees and shall be responsible to take the dead and/or diseased trees down, and/or the diseased portion thereof removed and destroyed.
Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative.
Owners of premises and other persons, as defined in § 254-7B, shall be responsible for compliance with this chapter.
In addition, tenants and occupants of multifamily and commercial premises shall be responsible for compliance with respect to the following:
Maintaining all and every part of the commercial premises which they rent, occupy or control and the steps, walks, driveways and parking areas located in the front, rear or side of said premises, from the building line to the nearest public street curbline, including any public right-of-way, in a clean, sanitary and safe condition, broom-swept and free from litter, debris, paper, dirt, garbage and junk.
Keeping exits from that portion of the premises which they occupy clear and free from obstructions.
The Building Inspector and other duly appointed law enforcement officers of the Village of Elmsford shall be charged with the duty of administering and enforcing this chapter.
It shall be the duty of the Building Inspector to issue a notice of violation or to order in writing the correction of all conditions found to exist in or on any premises which violate the provisions of this chapter.
Upon the determination of the Building Inspector that a violation of this chapter exists, he shall send written notice specifying the violations and requiring compliance within 10 days thereafter. Such notice shall be served either personally upon the person or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed.
It shall be the duty of the Building Inspector to issue a notice of violation or to order, in writing, the correction of all conditions found to exist in or on any premises which violate the provisions of this chapter, except that no such notice or order need be issued for subsequent violations of this chapter within one year of the issuance of such a notice or order for the same premises; in which case, the enforcing officer may issue an appearance ticket.
[Amended 9-6-2017 by L.L. No. 4-2017]
In addition to any penalty provided under the law for noncompliance, the Village Board may, in its legislative discretion, after 10 days' notice provided for in Subsection B(1) of this section, authorize the Building Inspector to correct the violation.
The expense incurred to correct and or remedy the violation pursuant to Subsection B(3) of this section shall be paid by the owner or occupant of the premises or by the person who caused or is responsible to maintain the area in violation. The Building Inspector shall file among his records an affidavit stating with fairness and accuracy the items of expense incurred in correcting said violation. The Village Board may institute a suit to recover said expenses against any person liable for such expense or may cause such expense to be charged against the property as a lien.
Whenever the Building Inspector or enforcement official finds that an emergency exists which requires immediate attention to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall take effect immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Inspector or the local justice court shall be afforded a hearing as soon as possible. After such hearing, the Building Inspector or court shall continue such order in effect or shall modify or withdraw it.
Any person, upon conviction of a violation of this chapter, shall be fined a sum of money of not less than $250 nor more than $500 for the first offense and not less than $500 nor more than $1,000 for the second or any subsequent offense within a twelve-month period.
[Amended 7-10-2006 by L.L. No. 4-2006]
The term "person" shall include the owner, tenant, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, sublessee, agent or any other person, firm or corporation directly or indirectly in control of any premises, building or part thereof.