[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-16-2006
by L.L. No. 6-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 102.
It is hereby found that the enforcement of minimum standards of health
and safety, fire protection, light and ventilation, cleanliness, repair and
maintenance and occupancy in properties, and the buildings thereon, used for
business or commercial purposes in general business districts, retail business
districts and as preexisting nonconforming commercial or business uses in
any zoned district, is necessary to protect the people of the Village. The
sound enforcement of minimum standards in said districts is essential to preserve
said properties, and buildings thereon, and to bring about the basic decencies
and minimal standards for the health, safety and welfare of the consumer public,
employees, and any and all occupants therein.
The provisions of this chapter, except as otherwise provided, apply
to all such properties, whether vacant or improved, and the buildings thereon,
located in general business districts, retail business districts and as preexisting
nonconforming commercial or business uses in any zoned district in the Incorporated
Village of Cedarhurst.
A.
The owner(s) and tenant(s) of each such property, and
buildings thereon, shall keep all and every part thereof and the lot on which
it is situated in good repair, clean and free from vermin, rodents, dirt,
filth, garbage, debris or other thing or matter dangerous to life or health,
and shall be jointly and severally liable for each violation of this chapter.
B.
Each owner of such property shall post, in a conspicuous
place, readily viewable from a public area, on each such property and on the
main floor of a window or door of a building thereon, a current legible notice
on durable material indicating the names, street addresses and telephone numbers
of both the owner and the person to be contacted in matters relating to the
operation and management of the premises with a copy to the Village Clerk-Treasurer
of the Village of Cedarhurst. Either of the persons listed shall be available
to respond to a call by a tenant or Village official at all times. If a message
is left with a service, the owner, managing agent or superintendent shall
respond within 60 minutes of the call.
A.
Each owner and tenant of such property and buildings
thereon shall keep the premises in good repair.
B.
Each owner and tenant of such property and buildings
thereon shall be jointly and severally responsible for compliance with the
requirements of this chapter.
C.
The fact that a tenant is or may be liable for a violation
of this chapter or any other law or is found liable for civil or criminal
penalties does not relieve the owner of his, her or its obligation to keep
the premises and every part thereof clean, in good repair and well maintained.
No tenant shall refuse to permit the owner or his or her agent or employee
to enter his, her or its unit or other space located under his or her control
to make repairs, cleanups or improvements required by this chapter or other
law or to inspect such space to determine compliance with this chapter or
any other provision of law, if the right of entry is exercised at a reasonable
time and in a reasonable manner. The Building Department may by regulation
restrict the time and manner of such inspections.
A.
The owner(s) and tenant(s) of such properties shall keep
the roof, adjacent public passageways, and other open spaces clean and free
from dirt, filth, garbage, debris or other offensive material.
B.
The owner(s) and tenant(s) of such properties shall maintain
the public parts and public sidewalks and roadways adjacent thereto in a clean
and sanitary condition.
The owner(s) of each such property shall properly maintain and keep
in good repair the plumbing and drainage system, including water closets,
toilets, sinks and other fixtures.
The term "nuisance" shall be held to embrace whatever is dangerous to
human life or detrimental to health, and shall include but not be limited
to a public nuisance as known at common law, statutory law and in equity jurisprudence
and such property and buildings thereon that, in violation of this chapter
or of any other state or local law, ordinance or regulation do not have adequate
egress, safeguards against fire, adequate electrical service, installation
and wiring, structural support, ventilation, plumbing, sewerage or drainage
facilities, are overcrowded or inadequately cleaned or lighted and the condition
constituting such violation is dangerous to human life or detrimental to health.
All such nuisances are hereby declared to be unlawful.
Any owner, lessee, tenant, general agent, architect, builder, contractor,
subcontractor, workman, employee or any other person, unless stated otherwise
herein, who knowingly commits, takes part or assists in any violation of this
chapter or who maintains any building or premises in which any violation of
this chapter shall exist shall, for each and every violation and for each
and every day that such violation continues, forfeit and pay a penalty of
not more than $500 but not less than $50 for a first offense, not less than
$100 for a second offense and not less than $150 for a third offense where
such second and third offenses are committed within 18 months of the first
offense. Any violation of this chapter, or any part thereof, shall constitute
disorderly conduct, and any person violating the same shall be and is hereby
declared a disorderly person.
A.
In addition to the remedies hereinbefore provided, the
Mayor, the Board of Trustees or the Building Official acting in the name of
the Village, or any person aggrieved, acting in his or her own name, shall
have the right and power to enforce the provisions of this chapter by injunction
or otherwise as provided by law.
B.
The imposition of the penalties herein prescribed shall
not preclude the Village Attorney from instituting any appropriate action
or proceeding to prevent an unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use or to restrain, correct
or abate a violation or to prevent an illegal act, conduct, business or use
in or about any premises.
