It is the purpose of this article to assist in the continued revitalization of areas throughout the Village to attract new residential, industrial, limited light industry, and businesses; promote the public interest in continued development; ensure regular maintenance and improvements to present structures; safeguard against blight and preserve property values and community standards; and to establish minimum maintenance standards to safeguard life, limb, health, safety, property and public welfare in the best interest of the residents of the Village of Brockport.
It is found and declared that, by reason of lack of maintenance and progressive deterioration, structures and properties have the further effect of creating blighting conditions and initiating slums and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions, as herein contained, growth of slums and blight may be prevented and the neighborhood property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY BUILDING A subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.
BUILDING Any structure having a roof supported by columns or by walls and intended for shelter, housing protection or enclosure of persons, animals or property. Depending upon its applicability, the use herein of "building" shall be considered part of the main building.
CODE ENFORCEMENT OFFICER The New York State Uniform Fire Prevention and Building Code Enforcement Officer employed by the Village for the purpose of enforcing the terms of this article.
DETERIORATION The condition or appearance of a building or structure characterized by holes, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.
DWELLING, MULTIPLE A building or portion thereof containing two or more dwellings units and designed or used for occupancy by two or more families living independently of each other.
EXPOSED TO PUBLIC VIEW Any premises or open space or any part thereof or any building or structure that may be lawfully viewed by any member of the public from a sidewalk, street, alleyway or from any adjoining or neighboring premises.
GOOD WORKING REPAIR A standard of maintenance that renders a building safe, habitable and possessed of a neat and orderly appearance.
OWNER Includes any person having individual or joint title to real property in any form defined by the laws as an estate or interest therein, whether legal or equitable, and however acquired.
PERSON Includes an individual, a partnership, a joint venture, a corporation, an association and any other organization recognized as an entity by the laws of the State of New York.
PREMISES A building, dwelling and/or grounds.
PROPERTY Land and whatever is erected on, growing on, placed on or affixed thereto.
REFUSE AND JUNK A. REFUSEIncludes but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, motor vehicle parts and used tires, all cardboard, plastic material or glass containers, sweepings, pieces of wood, excelsior, rubber and like material.
JUNK Any manufactured good, appliance, fixture, furniture, machinery, motor vehicle, recreational vehicle, trailer or similar object which is abandoned, demolished, discarded, dismantled or so worn, deteriorated or in such a condition as to be generally unusable in its existing state.
STRUCTURE A combination of materials assembled, constructed or erected at a fixed location, for example, a building, stationary and portable carports and swimming pools, the use of which requires location on the ground or attachment to something having location on the ground.
ZONING ENFORCEMENT OFFICER The officer employed by the Village of Brockport to enforce the zoning laws of the Village of Brockport.
The exterior of the premises and the condition of structures shall be maintained so that the premises and buildings shall reflect a level of maintenance in keeping with the standards of the community and shall not constitute blight from adjoining property owners or lead to the progressive deterioration of the neighborhood. Such maintenance shall include, without limitation, the following:
A. Foundations, porches, decks, steps, stairs and walls shall be in good condition.
B. Vent attachments shall be safe, durable, smoketight and capable of withstanding the action of flue gases.
C. Exterior balconies, porches, roof area (other than used for normal maintenance), landings, stairs and fire escapes shall be provided with banisters or railings properly designed, installed and maintained to minimize the hazard of falling and unsightly appearance.
D. All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs that have become excessively weathered, those upon which the paint has excessively peeled or those whose supports have deteriorated so that they no longer meet the structural requirements of the State of New York Uniform Fire Prevention and Building Code shall, with their supports, be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supports, be removed. Signs denoting a business which is no longer on the premises shall be removed within 30 days of the date on which the business ceases to occupy the premises.
E. All exterior walls of a building, accessory building or structure, whether residential, commercial or industrial, exposed to the public view shall be kept in a good state of repair. Storefronts or any portion of a structure shall not show evidence of excessive weathering or deterioration of any nature. Unoccupied storefronts shall be maintained in a clean and neat appearance.
F. Any awnings or marquees and accompanying structural members shall be maintained in a good state of repair. In the event that said awnings or marquees are made of cloth, plastic or similar material and are exposed to public view, such material shall not show evidence of excessive weathering, discoloration, ripping, tearing, holes or other deterioration. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
G. All vacant buildings shall be continuously guarded or sealed and kept secure against unauthorized entry. Materials and methods with which such buildings are sealed must meet the approval of the Code Enforcement Officer as to design and building material. Owners of such buildings shall take such steps and perform such acts as may be required 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 and that such property does not become infested with vermin or rodents.
H. Exterior walls, including doors and windows and the areas around doors, windows, chimneys and other parts of the building, shall be so maintained as to keep water from entering the building. 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.
I. All exposed exterior surfaces shall be maintained free of broken or cracked glass, loose shingles or loose or crumbling stones or bricks, loose shutters, railings, aerials, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Said conditions shall be corrected by repair or removal. All exposed exterior surfaces of structures not inherently resistant to deterioration shall be coated, treated or sealed to protect them from deterioration or weathering. Wood, masonry or other exterior materials that will naturally resist deterioration do not have to be treated but must be otherwise maintained in a sound, secure, workmanlike manner. Exterior surfaces that have been painted or otherwise coated must be maintained in a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs and fixtures of buildings shall be maintained in a clean, safe, sanitary condition. Every floor, exterior wall, roof, porch or appurtenance thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.
J. Roof drains, overflow pipes, air-conditioning drains and any other device used to channel water off or out of a building shall be maintained in a safe and operable condition and shall not drain onto a public sidewalk, walkway, street, alleyway or adjoining property.
K. Lawns shall be kept cut and not to exceed 10 inches in height. Trees, brush, shrubs and hedges shall be trimmed regularly during the growing season so as to avoid an unsightly appearance or obstruct sidewalks and roadways. Piles of materials such as dirt, sand and similar materials shall be used or removed within 30 days of receiving said materials. Failure to comply with this subsection, within five days of being notified, will result in the Village taking any legal action necessary to correct the violation. This will include the issuing of an appearance ticket or/and the Village removing the material or cutting the grass or having the same done by contract with a third party. Any and all cost associated with correcting the violation shall be assessed upon the real property on which the brush, grass or weeds are found. The fees for action taken by the Village shall be established from time to time by the Village Board of Trustees by resolution.
[Amended 7-6-1999 by L.L. No. 1-1999]
[Amended 11-16-2015 by L.L. No. 1-2015]
Any person, corporation or other entity who violates the provisions of this chapter shall be guilty of a violation and shall be subject to imprisonment not to exceed fifteen days or a fine not to exceed $250 or both such fine and imprisonment. Each day of continued violation shall constitute a separate offense.