[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 2-25-1987 by L.L. No. 2-1987. Amendments noted where applicable.]
Nonresidential premises and single-family residence premises shall be maintained in conformity with the provisions of this chapter so as to establish reasonable safeguards for the safety, health and welfare of the occupants and users thereof and of the general public.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- NONRESIDENTIAL PREMISES
- A building, structure or land used for any purpose other than for single-family residence purposes.
- Includes the owner, tenant, occupant or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, sublessee, agent or any other person, firm or corporation directly or indirectly in control of any premises, building or part thereof.
- PRIVATE STREET
- A highway, boulevard, concourse, road, avenue, lane, alley,
court, cul-de-sac, drive, or thoroughfare within the Village more
than 12 feet in width, which serves more than one residential dwelling
unit and which is not owned or maintained on a regular basis by deed,
easement, acceptance of dedication, or prescription by a municipality.
In any prosecution or other proceeding based upon an alleged violation
of this chapter, it shall be an affirmative defense that the subject
street was owned or maintained on a regular basis by deed, easement,
acceptance of dedication, or prescription by a municipality.[Added 5-19-2003 by L.L. No. 5-2003]
- SINGLE-FAMILY RESIDENCE PREMISES
- A building which is occupied exclusively as the home or residence of a single family, together with any garage or other accessory buildings and the lot upon which such building or buildings are constructed.
Surface and subsurface water shall be drained to prevent damage to paved surfaces, buildings, structures and adjoining property and to prevent development of stagnant water. Swales, dry wells, gutters, culverts, catch basins, drain inlets, stormwater sewers and sanitary sewers or other satisfactory drainage systems shall be provided and maintained in good operating condition to achieve the foregoing. In no case shall the water from any rain leader be allowed to flow over a public sidewalk or an adjoining property.
Fences and retaining walls shall be maintained in a safe condition.
In the case of nonresidential premises, steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Within 24 hours after the cessation of snowfall, snow shall be plowed or shoveled from all steps, walks, driveways and parking areas used or intended to be used by tenants, occupants, invitees or other members of the public.
No snow removed from driveways, walks or other areas shall be deposited upon the public streets or highways so as to interfere with the use of such streets or highways or with the use of any other premises.
In the case of nonresidential premises, all driveways and parking spaces provided shall be covered with concrete or asphalt paving which shall be kept in good repair, and such driveways and parking spaces shall be regularly cleaned to avoid accumulation of dirt, paper and other debris. All parking spaces shall be clearly marked with painted white or yellow lines, and handicapped spaces shall be clearly designated and signed.
Heavy undergrowth and the accumulation of plant growth which are unsightly, noxious or detrimental to health shall be eliminated or removed. Hedges and shrubs shall be kept pruned or trimmed. Grass shall not be permitted to exceed six inches.
All and every part of a premises and the steps, walks, driveways and parking areas located on the premises and between the front line of the premises and the roadway on which the premises fronts shall be maintained in a clean, sanitary and safe condition and free from litter, debris, paper, dirt, garbage and junk and in good repair.
All areas of the front yard of a premises not occupied by a walkway or driveway or parking areas authorized under special use permits shall be planted with grass, shrubbery, flowers, trees or other suitable plantings so that they will not be unsightly in appearance.
Dead or incurably diseased trees shall be taken down and the diseased portion thereof removed and destroyed. Trees shall be kept pruned, and dead wood shall be removed. These maintenance activities shall be undertaken in accordance with and shall be subject to the provisions of the Village's regulations on the preservation of trees.
All private streets shall be maintained so as to afford safe passage for police, fire, ambulance, and other emergency vehicles, under normal use and weather conditions, and free of litter, refuse, and other debris. To the extent that tree removal is required to provide such safe passage, such removal shall be subject to the provisions of the Village's regulation on the preservation of trees.
[Added 5-19-2003 by L.L. No. 5-2003]
Within 24 hours after the cessation of a snowfall, the snow shall be plowed, blown, shoveled, or otherwise cleared from all private streets to the extent necessary and reasonable to afford safe passage for police, fire, ambulance, and other emergency vehicles.
[Added 5-19-2003 by L.L. No. 5-2003]
Within 24 hours after the cessation of a snowfall, all ice and snow shall be removed from all sidewalks and other public paths set apart for pedestrians, whether located on the premises or located between the front line of the premises and any one or more roadways, including private streets, upon which the premises abut.
[Added 4-4-2005 by L.L. No. 1-2005]
No person shall allow, permit, or tolerate eroded or other soil, sediment, or other matter or debris from flowing, blowing, or being dumped onto an adjacent property. The foregoing shall not apply to the natural falling and blowing of leaves. During any period of construction, the owner, resident, and contractor, if any, shall comply with such directions and orders of the Building Inspector as may be issued to attempt to assure compliance with this subsection.
[Added 6-16-2015 by L.L. No. 2-2015]
[Added 12-14-1999 by L.L. No. 5-1999]
All construction materials shall be located on the premises.
All garbage and refuse shall be placed in appropriate receptacles.
By 6:00 p.m. each night, until 8:00 a.m. the next following morning when construction may legally commence, there shall be no garbage or refuse, as defined in Chapter 94 of this Code, on the premises which is not properly contained as required by said Chapter 94, or in some other manner, reasonable under the circumstances, as has been approved by the Building Inspector, which will prevent the blowing or other spread of such garbage or refuse, reduce the visual adverse impact of such garbage or refuse and reduce the possibility of rodent or insect infestation as a result of such garbage or refuse.
[Amended 6-16-2015 by L.L. No. 2-2015]
The owner shall keep all and every part of the building and accessory structures in attractive condition and good repair, including but not limited to the following:
Exterior surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.
In the case of nonresidential premises, interior floors, walls, ceilings, furnishings and fixtures shall be maintained in a clean, safe and sanitary condition.
[Added 3-31-2011 by L.L. No. 2-2011]
All properties within the Village shall be maintained so that no quantities of sand, dust, or other matter are permitted to blow or otherwise escape into the open air so as:
All construction and other work on all properties within the Village shall be performed so that no quantities of sand, dust, or other matter are permitted to blow or otherwise escape into the open air so as:
The grounds, buildings and structures shall be maintained free of insects, vermin and rodents.
In the case of nonresidential premises where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be screened with wire mesh or other suitable materials.
Approved sanitary methods and facilities shall be used for the collection, storage and handling and disposal of garbage, refuse and other debris.
Garbage, refuse and other debris shall not be permitted to accumulate in halls and stairways of nonresidential premises. Where dumpsters are used for the interim storage of garbage, they shall be properly sanitized before delivery to the site, be leakproof and kept closed when not being filled or emptied.
[Added 6-17-2003 by L.L. No. 9-2003]
Windows shall at all time be maintained in a safe manner, free of cracks.
Windows that are cracked, broken, or missing shall be immediately and continuously boarded, to the extent necessary, to assure the safety of persons from falling out and/or from broken glass until such windows are replaced. In no event shall such boarding of windows exceed 10 calendar days. Windows that are cracked, broken, or missing shall be replaced within 10 calendar days after notice from the Building Inspector. Extensions beyond said 10 calendar days, based upon a good faith inability to obtain replacement windows within that time, shall be in the sole discretion of the Building Inspector. Such replacement windows shall be installed and shall be in conformity with all of the requirements of the Village Code.
The boarding of windows, except as provided in Subsection B hereof, is prohibited, except to the extent that the use of wood structural panels, as provided for in the New York State Residential Code to provide protection from broken glass during periods of high wind velocity, or within 24 hours immediately before or within 24 hours immediately after such periods. High wind velocity, for the purpose of this section, shall mean wind gusts equal to or in excess of 85 miles per hour in three-second or greater gusts. In any prosecution for a violation of this subsection, it shall be an affirmative defense that such wood structural panels were in place based upon the exceptions set forth in this subsection.
Owners of premises and other persons, as defined in § 117-1B, shall be responsible for compliance with this chapter.
The Building Inspector of the Village of Kings Point shall be charged with the duty of administering and enforcing this chapter.
It shall be the duty of the Building Inspector to issue a notice of violation or to order, in writing, the correction of all conditions found to exist in or on any premises which violate the provisions of this chapter.
As used in this chapter, the term "Building Inspector" shall be deemed to include other duly appointed law enforcement officials of the Village of Kings Point.
A notice of violation issued by the Building Inspector relative to a premises shall be served either personally upon the person or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is desired by certified mail; a return receipt shall not be required.
A notice of violation shall state that unless, within 10 days from service of the notice, a written request is made for a hearing before the Building Inspector, such notice shall, at the expiration of such ten-day period, be deemed an order to cease and desist from and to abate the described violation; such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation. The notice may also contain an outline of remedial action which, if taken, will effect compliance with this chapter.
If a hearing is requested, it shall be commenced not later than 10 days after the request is made, provided that for good cause the Building Inspector may postpone such hearing for a reasonable time. If, after the hearing, the enforcement officer finds that no violation exists or that such unusual, extraordinary or undue hardship shall occur as a result of the physical dimension and proportion of the property, he shall withdraw the notice. If he finds that a violation does exist, he shall forthwith issue an order requiring the abatement of the same within a prescribed reasonable time. The proceedings at such hearing, which shall be informal in all respects, shall be summarized in a report reduced to writing and entered as a matter of public record in the office of the Building Inspector.
Any party aggrieved by the decision of the Building Inspector may, within 10 days of the decision of the Building Inspector, appeal said decision to the Zoning Board of Appeals of the Village of Kings Point by filing the appropriate form.
The provisions of § 117-7B and Subsection A above notwithstanding, it shall not be necessary for the Building Inspector to issue a notice of violation or to order, in writing, the correction of a condition in the instance of a second or any subsequent offense within a twelve-month period, and, in the case of a second or subsequent offense, the person in violation may immediately be served with an appearance ticket or summons.
Whenever the Building Inspector or enforcement official finds that an emergency exists which requires immediate attention to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall take effect immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Building Inspector or the Local Justice Court, shall be afforded a hearing as soon as possible. After such hearing, the Building Inspector or Court shall continue such order in effect or shall modify or withdraw it.
Upon the failure, neglect, or refusal of any owner, person, or agent so notified to properly comply with this chapter within 20 days after the service of notice as provided herein, or such lesser period in the event of any emergency as provided in § 117-10, the Building Inspector is hereby authorized and empowered to cause the violation to be corrected, subject to the approval of the Board of Trustees or, in the event of an emergency, subject to the approval of the Mayor.
[Amended 5-19-2003 by L.L. No. 5-2003]
When the Village has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to such owner by the Village, and such charge shall become due and payable by said owner or person at the time of the payment of such bill.
Where the full amount due the Village is not paid by such owner within 20 days after the correction of such violation, as provided in Subsections A and B above, then, and in that case, the Building Inspector shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was completed and the location of the property by section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.