[HISTORY: Adopted by the Floral Park Village Board 1-2-1996 by L.L. No. 1-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Cesspools — See Ch. 22.
Property maintenance — See Ch. 66.
Rubbish, garbage and recycling — See Ch. 72.
Streets and sidewalks — See Ch. 81.
Trees — See Ch. 92.
Unsafe structures — See Ch. 94.
[1]
Editor's Note: This local law also provided for the repeal of former Ch. 65, Premises, Maintenance of, adopted 12-6-1988 by L.L. No. 4-1988.
The purpose of this local law is to provide basic and uniform property and maintenance standards governing the condition of all properties within the Incorporated Village of Floral Park, including residential units. The Board of Trustees finds that properly kept and maintained properties are essential to the health and safety of the Village, including but not limited to the aesthetics of the Village and the surrounding community. Poorly kept and maintained properties can adversely affect the value of nearby properties. Moreover, certain conditions, as set forth in this chapter as nuisances, endanger the safety of persons and the security of private property. The Board of Trustees also finds that if not kept or properly maintained, the exterior of the building or structure may constitute a blighting factor on adjoining property. This chapter shall be in addition to and not in lieu of the standards and obligations set forth in Chapter 66 of the Village Code for maintenance of commercial units.
The following conditions are hereby declared to be nuisances, and the maintenance of such nuisances is hereby prohibited within the Incorporated Village of Floral Park. It shall be unlawful for any owner of real property within the Village or the agent of such owner and/or any person, firm or corporation lawfully occupying any real property within the Village to permit:
A. 
Whatever is dangerous to human life and health.
B. 
Uncut grass, weeds, brush or any portion of said growth to obtain a height in excess of 12 inches.
C. 
Rubbish or rubble to accumulate thereon.
D. 
Boats or motor vehicles or portions thereof to be parked or stored for unreasonable periods of time or to be parked or stored if it is abandoned, wrecked, dismantled, junked or substantially damaged and is not intended to be used or in no condition for legal use upon the public highway.
E. 
Whatever building or structural part or cellar thereof is overcrowded or not provided with adequate means of egress or is not sufficiently supported, ventilated, sewered, drained or cleaned.
F. 
Whatever renders soil, air, water or food impure or unwholesome.
G. 
Slaughterhouses, privies, hogpens, accumulations of dung or manure, carcasses, swill, brine, pigeon coops, urine of animals or any stinking, obnoxious, offensive, foul or filthy liquids or other matters or conditions.
H. 
Discarded material of any kind or rubbish or refuse that is maintained beyond normally scheduled garbage removal.
I. 
Accumulations of brush, tree stumps or other vegetative waste or rubble or construction waste that is maintained beyond normally scheduled garbage removal.
J. 
Ponds or pools of stagnant water.
K. 
Pits, holes, excavations, uncovered wells or other declivities of land which are unsightly or are liable to cause injuries to persons falling therein or therefrom.
L. 
Barbed-wire or razor-wire or electrified fences or such fences as are otherwise forbidden by the provisions of the Code of the Incorporated Village of Floral Park.
M. 
Accumulations of junk, old metals or machinery, rags or newspapers.
N. 
Except as provided in § 81-30, on private property located within any residence district of the Village, the maintenance of any container actually accommodating or designed to accommodate more than one cubic yard of rubbish, refuse or discarded material of any kind or the maintenance, within any residence district on private property, of any bulk or closed storage containers for any period of time whatsoever. For the purposes of this chapter, a "bulk storage container" is defined as a standard Dempster Dumpster Gallon E-Z Pack front-end-loading-type container or an equal container for garbage and other waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck for disposal.
[Amended 8-8-2006 by L.L. No. 8-2006]
A. 
The Board of Trustees shall adopt a resolution requiring the owner and/or person in control of any property found not to be in conformance with the provisions of this chapter to comply with those provisions. A copy of the notice of adoption of said resolution shall be served upon such owner and/or person in control of said property by ordinary mail, specifying the manner and time within which to comply, that is, within seven days from the date of postmark of the notice.
B. 
Notwithstanding any other notice requirement of this section, any notice to be provided hereunder with respect to the reoccurrence of any violation under this section, or any other section of this Code to remediate such violation, shall be complete and effective to authorize appropriate action by the Village upon physical delivery of the notice to the premises, and mailing such notice to the premises as required by this section. The Village may correct such recurring violation upon such delivery of such notice.
[Added 9-15-2015 by L.L. No. 2-2015]
Upon failure to comply with the requirements of such notice, the Board of Trustees shall authorize the work to be done and pay the cost thereof out of general funds appropriated by the Board of Trustees for such purpose. In case of such failure to comply, the owner and/or person in control of the property whereon the violation occurs is deemed to consent to the right of entry by the Village officials for the sole purpose of inspecting and correcting such violation.
The Village shall be reimbursed for the cost of the work performed or the services rendered, as hereinabove provided, by assessment against the lots or parcels of land where such work was performed or services were rendered for so much of the actual or complete cost as incurred upon and from each lot or lots by the assessment of all such cost of such removal, including legal fees against the real property affected.
A. 
Buildings and structures. The owner, operator or occupant shall maintain each and every part of the building or structure free of all nuisances and any hazards to the safety of the occupants, pedestrians and all persons utilizing the premises or abutting roadways and maintain accessory structures and appurtenant equipment in suitable condition and good repair, capable of performing the function for which the same was designed or intended to be used, including but not limited to the following:
(1) 
Exterior surfaces of buildings and structures that are not inherently resistant to deterioration shall be sealed and regularly treated with a protective coating of paint or other suitable preservative sufficient to prevent deterioration. All such surfaces shall be maintained free of excessive flaking, peeling and crumbling.
(2) 
Every roof, wall, window, exterior door and hatchway shall be kept free from holes or leaks that would permit the entrance of water within any building or structure.
(3) 
All buildings and structures shall be kept in a clean, sanitary and safe condition, free from litter, debris, rubbish, garbage, junk, vermin, rodents and health, safety and physical hazards of any kind. No building shall, except in emergency or ongoing construction, be boarded up in part or whole except by permission of the Superintendent of Buildings.
(4) 
Foundations of every building and structure shall be maintained structurally sound and in good repair so as to prevent the accumulation of moisture within the space enclosed by such foundation, and such foundation and any window or door thereon shall be protected against the entrance of rodents.
(5) 
Roofs of every building or structure used for residence or commercial purposes shall be maintained weathertight and be equipped with gutters and downspouts to ensure that drainage does not cause excessive erosion, ponding or water damage and does not create a nuisance on public or private property. All roofs, gutters and downspouts shall be maintained in a good state of repair.
(6) 
The exterior of every building and structure and all appurtenances thereto, both above and below the roof line, shall be maintained in good repair, in a safe condition and weathertight so as to resist decay or deterioration from any cause.
(7) 
All exposed surfaces shall be maintained free of damaged, disintegrating, crumbling, broken or missing materials, excessive pitting or corrosion and unsafe defects, and all broken or missing glass panes shall be replaced.
(8) 
The exterior of every building and structure shall be maintained free of buckled, sagging, broken, partially missing, rotted or decayed walls, doors, windows, porches, balconies, steps, stairways, railings, balusters, chimneys and decorative trim. The exterior of every building and structure shall be maintained so that the appearance of the premises shall not constitute a blighting factor for adjoining property.
(9) 
Every repair to and replacement of a portion of the exterior of a building and structure or part thereof or appurtenances thereto shall match and conform to the overall exterior design of such structure.
B. 
Yards and open areas. The owner, occupant or other person having charge of any premises shall maintain the yards and open areas thereof in accordance with the following requirements:
(1) 
Surface and subsurface water shall be drained to prevent damage to buildings and structures and to prevent the development of stagnant water. Gutters, culverts, catch basins, drain inlets, stormwater sewers and sanitary sewers or other satisfactory drainage systems shall be provided and utilized.
(2) 
Fences and retaining walls shall be maintained in a safe 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.
(4) 
Within 12 hours after the cessation of snowfall or frozen precipitation, snow and ice shall be plowed, shoveled and removed from all steps, walks, driveways and parking areas used or intended to be used by residents, tenants, occupants, customers, invitees or other members of the public. Sidewalks shall be fully cleared, i.e., no snow or ice shall remain on the sidewalk. No snow or ice so removed shall be deposited on or against abutting buildings or upon the public streets or sidewalks so as to interfere with the use of such streets or sidewalks or with the use of any other premises. Fire hydrants shall be cleared enough to make them visible. A path shall be cleared to the curb to allow access from the street to sidewalk, and on corner properties a path shall also be cleared to the street line at the corner. Handicapped drop curbs must also be cleared.
(5) 
Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof shall be removed. Heavy undergrowth and accumulation of plant growth which is noxious or detrimental to health shall be eliminated or removed. Trees, hedges, bushes, shrubs and vegetation of any kind shall be kept pruned or trimmed.
(6) 
The yards and open areas of any premises shall be kept in a clean, sanitary and safe condition, free from litter, debris, rubbish, garbage, junk, vermin, rodents and health and safety hazards of any kind.
(7) 
All hedges and shrubbery shall be maintained so as not to create a hazard to the occupants of the premises, the occupants of the adjoining premises and to the general public. Sight lines are to be maintained to ensure safety along driveways and public rights-of-way.
[Added 2-2-2010 by L.L. No. 2-2010]
A. 
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be judged a disorderly person and shall be punished by a fine not to exceed $250. Each and every day during which such violation shall exist shall constitute a separate offense, punishable as such.
B. 
The imposition of any penalty for any offense committed against the provisions of §§ 65-2 through 65-6 of this chapter shall not affect the power of the Board of Trustees to require the abatement of the nuisances enumerated herein within such time as the Board of Trustees shall fix, nor shall it prevent, in the event of neglect or refusal by any person to comply with any or all of the provisions of such an order to correct a violation of §§ 65-2 through 65-5 of this chapter, entry by the Board of Trustees or its designees upon the premises affected by such nuisances, the removal of such nuisances by the Village or its agents and the assessment of all costs of such removal, including legal fees, against the real property affected.
C. 
In addition, this chapter may be enforced by civil action, including an injunction, in a court of competent jurisdiction.
[Added 4-4-2017 by L.L. No. 2-2017]
A. 
Any person. business, organization, bank or lender who commences a foreclosure action against any property within the Village that has become vacant, or subsequent parties to such an action, shall provide to the Village an undertaking in the form of cash, a cash bond, or a letter of credit acceptable to the Village Attorney, in the sum of $35,000, to secure the continued maintenance of the property free of any violations of this chapter, during the entire time that vacancy shall exist, as determined by the Superintendent of Buildings. When the foreclosure action is finally discontinued, any unused funds shall be returned.
B. 
It shall be unlawful for any such person, business, organization, bank or lender to fail to properly deposit such cash, a cash bond, or a letter of credit within 45 calendar days after the foreclosure action is commenced.
C. 
In the event that the Superintendent of Buildings determines that any property referenced in Subsection A above is being maintained in violation of this chapter, then in addition to or in lieu of any other enforcement remedy at his disposal, the Superintendent may utilize the deposited funds to pay the full and actual cost of actions necessary to eliminate the violation.
D. 
In the event that any such funds are utilized as set forth above, such person, business, organization, bank or lender shall restore it to the full amount referenced in Subsection A above, within 15 calendar days after written demand by the Village, sent by regular mail and certified mail, return/receipt/requested to such person.
This chapter shall not affect in any way the standards or the responsibilities of the owners and/or persons under the Property Maintenance Code set forth in Chapter 66 of the Code of the Incorporated Village of Floral Park. This chapter shall be in addition to, not in lieu of, Chapter 66 of the Code.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part of this chapter that shall be directly involved in the controversy in which such judgment shall have been rendered.
This local law shall take effect immediately.