[HISTORY: Adopted by the Floral Park Village Board: Art. I, 1-2-1996
by L.L. No. 2-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Awnings and marquees — See Ch. 14.
Cesspools — See Ch. 22.
Premises, maintenance of — See Ch. 65.
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. 66, Property Maintenance, adopted 6-17-1986 as L.L. No. 4, 1986.
[Adopted 1-2-1996 by L.L. No. 1-1996]
The purpose of this local law is to provide basic and uniform property
and maintenance standards governing the condition and maintenance of all commercial
units, including but not limited to offices, places of public assembly, shopping
centers, supermarkets, retail stores, warehouses, manufacturing and fabrication
plants, gasoline stations and other business uses. This local law shall be
known as the "Property Maintenance Code of the Village of Floral Park."
As used in this local law, the following terms shall have the meanings
indicated:
A structure wholly or partially enclosed within exterior walls, or
within exterior or party walls, and a roof, affording shelter to persons,
animals or property.
An open and unoccupied space on a lot which is enclosed on at least
three sides by walls of a building.
The face or front of a building.
The presence of insects, rodents, vermin or other pests.
Any vehicle, including a trailer, which is without a currently valid
license plate or plates and which is either dismantled, partly dismantled,
inoperative or in an abandoned condition.
A plot, tract, premises or parcel of land without buildings or structures
located thereon, as surveyed and apportioned for sale or other purpose.
A county, town or village.
Any individual, partnership, corporation or other entity.
An assembly of materials forming a construction framed of component
structural parts, which exists for occupancy or use, including architectural
embellishments.
Any building or part thereof which remains unoccupied for a period
of more than six months, with either doors, windows or other openings broken,
removed, boarded or sealed up.
An open space on the same lot which contains a building and is located
between the building line and the lot line which the particular building line
faces.
A.
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. 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 and other accessory structures shall be maintained
in a safe and nondeteriorated condition.
(3)
Steps, walks, driveways, parking spaces and similar paved
areas shall be maintained so as to afford safe passage under normal use and
other conditions. Any holes or other hazards that may exist shall be filled,
and necessary repairs or replacement shall be made.
(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)
Yards, courts, vacant lots and open areas shall be kept
in a clean and sanitary condition free from litter, debris, rubbish, garbage,
junk, vermin, rodent harborage and infestation, and health, safety and physical
hazards of any kind. 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.
(6)
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 unsightly, 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.
(7)
It shall be unlawful to park or store or permit to be
parked or stored in any yard or open area of a premises any motor vehicle
that is abandoned, wrecked, dismantled, junked, substantially damaged or unregistered
and which is not intended to be used or in no condition for legal use upon
the public highway.
(8)
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance shall include,
but not be limited to, the replacement of trees and shrubs which may die and/or
otherwise be destroyed, the maintenance and cutting of lawns and the replacement
and/or repair of fences which may be in disrepair.
B.
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 attractive 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 and to maintain a neat and orderly appearance. All
such surfaces shall be maintained free of excessive flaking, peeling and crumbling.
(2)
Every 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)
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 and 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 Public Works.
(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 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 and that does not cause undue heat
loss from occupied areas. 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 and appearance of such structure.
(10)
The owner of a vacated building shall take such steps
and perform such acts as may be required of him from time to time by the village's
Superintendent of Public Works 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.
(11)
Buildings and structures shall be maintained in such
condition so that they shall not become an unoccupied hazard as defined in
this local law. All graffiti or defacing shall be removed and the surface
finish restored within a five-day period.
(12)
All signs, awnings and lighting systems shall be maintained
in a completely operable, clean, sightly, nondeteriorated and safe condition.
(13)
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 converted to landscaped planting
beds.
(14)
Fuel-burning, heat-producing equipment shall be installed
and maintained so that the emission 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.
(15)
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,
corroding or spalling.
(16)
Air-conditioning units which are over or adjacent to
any public opening or sidewalk shall direct its condensation and runoff away
from the same.
(17)
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, maintained and repaired
so that the exterior of that building or structure shall have a uniform color
and texture.
C.
Unoccupied hazard. Unoccupied hazards shall be subject
to condemnation in accordance with the laws of the State of New York and this
village.
Any person who violates the provisions of this local law shall be subject
to a fine of not more than $250. Each day a violation of this local law exists
shall constitute a separate violation of this local law.
Where a provision of this local law is found to be in conflict with
any provisions of any other local law or ordinance, the provision or requirement
which is more restrictive or which establishes the higher standard shall prevail.
The invalidity of any word, section, clause, paragraph, sentence, part
or provision of this local law shall not affect the validity of any other
part of this local law which can be given effect without such invalid part
or parts.
This local law shall take effect immediately, as provided in the Municipal
Home Rule Law upon being filed in the office of the Secretary of State, and
an additional copy shall be filed with the Department of Audit and Control.
