The purpose of this article is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of premises situated within
the Town, whether used or intended to be used or designed to be used,
in whole or in part, for residential, commercial, business or industrial
use and occupancy, and to fix certain responsibilities and duties
upon owners, operators and occupants in order to assure the desirable
character of the property.
It shall be a violation of this chapter for any person, owner
or occupant to create, cause, maintain or permit to continue any condition
which is prohibited or otherwise inconsistent with the provisions
of this section.
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,
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.
(2)
Fences, planting areas and other minor construction shall be maintained
in a safe and substantial condition. Such maintenance shall include
but not be limited to the replacement or removal of trees and shrubs
which may die and/or otherwise be destroyed, and the replacement and/or
repair of fences or other structures which may become in disrepair.
(3)
Steps, walks, driveways, parking spaces and similar paved areas shall
be in a proper state of repair, maintained so as to afford safe passage
under normal use and weather conditions and shall be maintained free
from hazardous conditions. Any holes or other hazards that may exist
shall be filled or necessary repairs or replacement carried out.
(4)
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.
(5)
All premises and immediate exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches. All noxious
weeds are prohibited. Any trees or shrubs or portions thereof located
on private property and constituting a hazard to persons or property
shall be removed.
(6)
A junked vehicle may not be parked, stored or left in the open. Unlicensed
vehicles must be relocated to a completely enclosed location or otherwise
removed from the property.
(7)
That portion of the public right-of-way not covered by pavement or a similar surface and located between the portion of the right-of-way used for vehicular traffic and the boundary line of said right-of-way shall be maintained by the adjoining property owner. Such maintenance shall include but not be limited to the removal of litter, glass, paper and all other nonindigenous materials and the cutting of all weeds except trees, bushes and shrubs to a height of less than four inches. The requirements of this section shall be in addition to and not in lieu of the requirements of Chapter 48 of this Code.
(8)
No person shall park any motor vehicle or boat in any front yard
area except on driveways constructed and installed in compliance with
the Town Code.
(9)
The accumulation of any filth, dirt, ashes, junk, garbage, wastewater,
raw sewage, sewage, wastepaper, dust, rubbish, sticks, stones, wood
(including log piles exposed to the weather and elements), leaves,
paper or paper boxes, iron, tin, nails, bottles or glass of any kind,
old cars and parts thereof, discarded appliances such as refrigerators
and the like is prohibited upon any premises.
(10)
The exterior of the premises and all structures located on the
premises shall be kept free of all nuisances and any hazards to the
safety of occupants, pedestrians and other persons utilizing the premises
and shall be free of unsanitary conditions.
B.
Business units.
(1)
Business units, as defined herein, shall at all times be maintained
in compliance with the provisions of this code regulating open areas,
parking spaces and buildings or structures.
(2)
All garbage, crates, pallets, rubbish, refuse or debris shall be
kept inside the building or buildings or on the premises in an acceptable
enclosure and shall be regularly collected and removed from the premises.
[Amended 3-8-2011 by L.L. No. 3-2011]
(3)
Storage of shopping baskets, carts and wagons shall be in compliance with § 70-202.4 of the Town Code.
[Amended 3-8-2011 by L.L. No. 3-2011]
(4)
No mobile refrigeration unit shall be operated on the premises after
the closing of the business conducted thereon unless such mobile refrigeration
unit is electrically operated.
(5)
No truck or other vehicle shall be loaded or unloaded outside the
confines of the building or buildings on the premises, before 7:00
a.m. or after the business conducted on the premises has been closed
to the public, in such manner as to cause excessive noise or disturbance
to the adjoining properties. The loading and unloading area on the
premises shall be enclosed at all times except where such area abuts
a topographical barrier of such nature as to reduce the decibels of
noise resulting from the loading or unloading activity. For the purposes
of this section, a noise rating exceeding 25 decibels of average noise
at the nearest residence to the premises shall be deemed excessive.
(6)
All fences and planting areas installed on the premises of a business
unit shall be maintained by the owner, occupant or person in control
of the property. Such maintenance shall include but not be limited
to the maintenance of trees and shrubs, the replacement of trees and
shrubs which may die and/or otherwise be destroyed, the removal of
vines, including ivy, to prevent it from encroaching or growing upon
any adjoining or neighboring property or properties, including all
public property and rights-of-way held by the Town, and to the replacement
and/or repair of fences which may become in disrepair. The owner or
occupant shall, upon written notice of the Enforcement Officer, maintain
or replace any shrubbery and/or trees, take such measures as are reasonably
expected to prevent such vines, including ivy, from invading or growing
onto adjoining or neighboring properties, and/or replace or repair
any fence installed on the premises.
[Amended 11-18-2021 by L.L. No. 24-2021]
(7)
All required parking spaces must be adequately marked or striped
as per the building permit, building and/or zoning ordinance or Board
of Zoning and Appeals decision.
(8)
No exterior storage of industrial or commercial materials, or other
materials, or trucks or trailers is permitted in required parking
spaces.
(9)
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.
(10)
A refrigerated garbage locker shall be required within any restaurant, bar and grill or retail food use. There shall be no outdoor storage of putrescible waste generated by any food use at any time. The applicant shall arrange for indoor carry-out/pickup with a licensed sanitation collector and shall forward a copy of the contract to the Building Official prior to the issuance of a certificate of occupancy. Terms used in this subsection that are not defined by this chapter shall have the meanings ascribed to them by § 70-231 of the Town Code.
[Added 1-29-2019 by L.L.
No. 4-2019]
C.
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)
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings
shall be maintained in a clean, safe and sanitary condition. Every
floor, 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. All foundation walls shall
be maintained plumb and free from open cracks and breaks and shall
be kept in such condition so as to prevent the entry of rodents and
other pests.
(4)
Exterior walls, roofs and all openings around doors, windows, chimneys
and other parts of a building shall be so 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 holes, breaks, rotting material and
loose and unsecured objects and material and improperly secured objects
and material. Such objects or materials shall be removed, repaired
or replaced.
(5)
The owner of a vacated building shall take such steps and perform
such acts as may be required of him from time to time 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
code.
(7)
All signs, awnings and lighting systems shall be maintained in a
completely operable, clean, nondeteriorated 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 and 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)
Any building or structure which is structurally unsound, unsanitary
or which has become unsafe by reason of the elements, age, general
deterioration, inadequate maintenance, dilapidation, obsolescence
or abandonment, or which is otherwise dangerous to human life, shall
be prohibited upon any premises.
It shall be unlawful for any person or persons to abandon, store,
accumulate and/or maintain any industrial or commercial material,
as defined herein, or to leave, cause, suffer, permit or maintain
an excavation or trench, on any lot or premises, in an open, unsecured,
unstable, dangerous or hazardous condition or place. Such industrial
or commercial material or excavation or trench shall be effectively
and properly fenced, shored or barricaded and shall be a sufficient
distance from the property line so as to prevent the creation and/or
maintenance of an unstable, unsafe or hazardous condition.
A.
It shall be unlawful to spray or create graffiti in any manner on
any building or structure.
B.
It shall be the responsibility of any person owning or occupying
any building or structure which has been defaced with graffiti to
cause such graffiti to be removed or covered over. When a covering
is used, the cover must be the same or similar color as the surface
upon which the graffiti was made. Responsibility for removal or covering
of graffiti shall lie with the owner or occupant, notwithstanding
that said person may not have created the graffiti.
[Amended 9-6-2018 by L.L.
No. 8-2018]
C.
Any person who creates graffiti in any manner shall be liable for
the cost of removing or covering the same.
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform with generally accepted
practice. Sources of infestation or potential infestation by rodents,
mosquitoes, flies, bees, wasps and other harmful or annoying insects
shall be promptly removed.
B.
Where the potential for rodent or vermin infestation exists, windows
and other openings in basements and cellars shall be appropriately
screened with wire mesh or other suitable materials.
C.
From June 1 to October 1, entrances to residential buildings shall
be provided with self-closing-type devices or screens, and windows
and other openings used for ventilation shall be appropriately screened.
Screens shall not be required in rooms located sufficiently high in
the upper stories of multiple dwellings so as to be free of mosquitoes,
flies and other flying insects.
It shall be prohibited to accumulate or store materials on fire
escapes or stairs, in stairways or passageways, at doors or windows
or in any other locations where, in the event of fire, such materials
may obstruct egress of occupants or interfere with fire-fighting operations.
A.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse, in accordance
with the provisions of the Town of North Hempstead.
B.
In multiple dwellings, it shall be prohibited to store or accumulate
garbage or refuse in public halls and stairways.
C.
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first removing any locking devices
or the hinges of the door or doors.
All buildings, dwellings, dwelling units, multiple dwellings,
yards, courts, open areas and vacant lots which are in violation of
this code are hereby declared to be a nuisance and shall be abated
by being corrected, made sanitary, repaired, vacated or demolished,
in accordance with the orders of the Commissioner of the Building
Department or the Commissioner of the Department of Public Safety.
Occupants of dwelling units shall be responsible for compliance
with this chapter in regard to the following:
A.
Limiting occupancy of that part of the premises which he occupies
or controls to the maximum permitted by this code.
B.
Maintenance of that part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
C.
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 he occupies or controls in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities in a clean
and sanitary manner, in accordance with the provisions of the Town
of North Hempstead.
F.
Extermination of insects, rodents or other pests within his dwelling
unit.
G.
Maintaining of yards, lawns and courts in a clean, sanitary and safe
condition and free from infestation insofar as said occupant occupies
or controls said yards, lawns and courts or any parts thereof.
H.
The installation and removal of required screens.
I.
Keeping his domestic animals and pets in an appropriate manner and
under control.
J.
Elimination of all prohibited uses for that part of the premises
which he occupies, controls or has accessibility thereto.
A.
Owners of premises shall be responsible for compliance with the provisions
of this code and shall remain responsible therefor regardless of the
fact that this code may also place certain responsibilities on operators
and occupants and regardless of any agreements between owners and
operators or occupants as to which party shall assume such responsibility.
B.
Owners and operators of multiple dwellings shall be responsible for
proper installation, maintenance, condition and operation of service
facilities and for furnishing adequate heat and hot water supply where
they have contracted to do so.
C.
Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the Town as executor,
administrator, trustee, guardian, operator or agent, such person shall
be deemed and taken to be the owner or owners of said property within
the true intent and meaning of this code and shall be bound to comply
with the provisions of this code to the same extent as the record
owner, and notice to any such person or any order or decision of the
Enforcement Officer shall be deemed and taken to be a good and sufficient
notice, as if such person or persons were actually the record owner
or owners of such property. In instances where an occupant is responsible
or shares responsibility with the owner for the existence of one or
more violations of this code, said occupant shall be deemed and taken
to be an owner within the true intent and meaning of this code.
D.
Whenever residential buildings containing two or more dwelling units
are leased, the owner shall post in a conspicuous place at the entrance
or entrances thereof, and in such a manner as to secure against its
removal, a placard containing thereon the name and address of the
owner of the premises and that telephone number to be used in the
event of an emergency.
