[HISTORY: Adopted by the Board of Trustees of the Village of Port Jefferson as Ch. 61 of the 1970 Code; amended in its entirety 6-11-1992 by L.L. No. 4-1992. Subsequent amendments noted where applicable.]
It is hereby declared that serious conditions of sewage and drainage in and from buildings and premises situated within the Incorporated Village of Port Jefferson exist, which conditions are dangerous or detrimental to life or health or threaten and affect the safety and property of the inhabitants of said Village or threaten and affect, obstruct, clog and encroach upon the drains, streets, sidewalks and highways of said Village. To protect the life, health, safety and property of the inhabitants of the Incorporated Village of Port Jefferson and its drains, streets, sidewalks and highways from such conditions of sewage and drainage by reason of which rainwaters, subsurface waters, dirt, silt, filth or other materials flow from said buildings and premises onto the property of the inhabitants of said Village and onto and into the drains, streets, sidewalks and highways of said Village, such conditions are hereby declared to be public nuisances and are illegal. The necessity for intervention by the Building Department by the enactment of this chapter is hereby declared as a matter of legislative determination, and this chapter shall be construed liberally to effectuate its purposes.
The plumbing and drainage of all buildings and premises shall conform to the rules and regulations adopted by the Building Department of the Incorporated Village of Port Jefferson. Suitable drawings and descriptions of plumbing and drainage in all cases shall be submitted and filed in the office of the Village Clerk and only after they have been filed and approved by the Building Department may work be commenced.
Whenever the Building Department shall certify that a building or any part thereof is infested with communicable disease or is unfit for human habitation or dangerous to life or health by reason of want of repair or of defects in the drainage, plumbing, ventilation or construction or by reason of the existence on the premises of a nuisance likely to cause sickness among the occupants of said building, the Building Department may order all persons to vacate such building or part thereof within 10 days. The order shall set forth the reasons of the Building Department. In case such order is not complied with within the time specified therein, the Building Department may cause such building or part thereof to be vacated. Whenever the Building Department is satisfied that the danger or part thereof has ceased to exist or that it is fit for human habitation, the Building Department may revoke such order or extend the time within which to comply therewith.
Whenever any building or premises or the plumbing, sewage or drainage thereof or the rainwaters, subsurface waters, dirt, silt, filth or other materials flowing therefrom into the properties of the inhabitants of the Incorporated Village of Port Jefferson or onto or into the drains, streets, sidewalks or highways of said Village, in the opinion of the Building Department, are in a condition or are in effect dangerous or detrimental to life or health or threaten and affect the safety and property of the inhabitants of the Incorporated Village of Port Jefferson or threaten and affect or threaten to or obstruct, clog or encroach upon the drains, streets, sidewalks or highways of said Village, the Building Department may declare the same, to the extent that they may specify, to be a public nuisance, and they may order and compel the owner or occupant of the buildings or premises in or upon which the public nuisance is situated or from which it is emanating to cleanse, remove or abate the same. The Building Department may order and compel said owner or occupant to purify, cleanse, disinfect, repair or improve any building, sewer, plumbing, pipe, passage, drain, ground, matter or thing or the premises on which it is situated. The Building Department may order and compel said owner or occupant to connect with a municipal sewer system or storm or combined sewer system and to make such application and pay such permit and inspection fees to the Port Jefferson Sewer District as may be required by said district for its approval or permission for such connection, and upon failure to comply with said order within such time as the Building Department may regard as reasonable, the Building Department may cause the same to be done, shall assess the cost thereof upon the premises upon which the improvement was made or for which the connection was made and shall, by resolution, determine whether such assessment shall be paid in one amount and shall fix the date on which said assessment shall become due and payable; and if said assessment be not paid within 15 days after the same or any part thereof shall become due, an action to recover the amount due may be maintained by the Incorporated Village of Port Jefferson against the person liable therefor and, in addition to such remedy, a special warrant may be issued by the Building Department for the collection of such assessment or the amount thereof may be included in the next annual tax levy.
In every building and on every premises in which the disposal of liquid or waterborne wastes or drainage is required, provisions shall be made by the owner or occupant for conveying such liquid, waterborne wastes or drainage to a municipal sewer system. Where a sewer system is not available, provisions shall be made for disposing of such wastes by a method approved by the Building Department. Every building or structure shall have its sanitary drainage system independently connected to a sewer or disposal system; but, at the discretion of the Building Department, buildings on the same premises and under the same ownership may be connected to the same sewer or disposal system. Where the street upon which the premises or building abuts is without a municipal sewer or where there is no sewer within 1,000 feet of the building or premises, the Building Department may permit buildings to be served by a private sewer under such conditions as they may deem adequate. A "sewer" shall mean a sewer designed or used to carry liquid or waterborne wastes from plumbing fixtures.
In every building and on every premises, provisions shall be made for conveying stormwater to a storm sewer. Where a storm or combined sewer is not available, provisions shall be made for disposing of such stormwater by a method approved by the Building Department. When a sewer is installed subsequent to the completion of a one-family private dwelling, conveyance of stormwater may be waived where, in the judgment of the Building Department, the soil is of good porosity, provided that said Department is satisfied that drainage from roofs or otherwise will not flow onto adjoining property or across or into or onto sidewalks, streets or highways of the Incorporated Village of Port Jefferson or that drainage is adequately contained by dry wells and will not discharge or interfere with septic tanks, cesspools, seepage pits or any part of the private sewage disposal system. Such waiver shall be effective only during the period that the property remains improved with one-family private dwellings. Nothing in this chapter shall be construed to relieve any owner of property from the obligation of paying any assessments for benefit which may be imposed for the establishment and construction of a sewer or sewage system pursuant to the Village Law of the State of New York. A "storm sewer" shall mean a sewer carrying rain or subsurface waters.
The Building Department shall have the power to order, in writing, the remedying of any condition found to exist in, on or about any building or premises in violation of any law, ordinance, rule or regulation.
It shall be the duty of every owner or occupant upon whom the orders of the Building Department may be served to comply with said orders within the time specified therein. Service of said order may be made either by delivering a copy of said order to the owner or occupant or by delivering it to any person in charge of the building or premises or, in case no such person is found, by affixing a copy thereof in a conspicuous place on the premises or in the building or by mailing a copy of said order to the owner or occupant directed to his last known address. Upon the failure to comply with any order within the time specified therein, such order may be executed by the Building Department through such officers, agents, employees or contractors as may be designated by them, and they shall be authorized to enter into said building or premises for said purpose, and the cost thereof shall be assessed against the building or premises in the same manner as hereinbefore provided in § 211-4 of this chapter.
[Amended 1-5-2015 by L.L. No. 1-2015]
A person, including the owner, occupant, general agent, contractor, lessee or person in charge of an entire building, structure or premises where a violation of the provisions of this chapter has been committed or shall exist and including the owner, occupant, general agent, contractor, lessee or person in charge of any part of a building, structure or premises in which a violation of the provisions of this chapter has been committed or shall exist and including any other person who knowingly commits, takes part or assists in any such violation or who maintains any building, structure or premises in which part any violations shall exist, who fails to comply with any order of the Building Department within the time specified therein, shall be deemed to have violated this chapter.
Each day that there has been a failure to comply with said order shall constitute a separate and distinct violation.
Each day that a violation of this chapter occurs or continues shall constitute a separate and distinct violation.