[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]
All areas of the side and rear yards of a premises which are not occupied by hardscape, as defined in § 161-54 of this Code, shall be planted with grass, shrubbery, flowers, trees, or other suitable plantings so that they will not be unsightly in appearance.
[Added 1-3-2019 by L.L. No. 1-2019]
It shall be unlawful to pump, pipe, or by other artificial means cause waters, surface or subsurface, or otherwise collected, on property within the Village to flow onto another property without that other property owner’s permission. The foregoing shall not be deemed a violation of permitting:
[Added 10-10-2019 by L.L. No. 11-2019]
[Added 12-14-1999 by L.L. No. 5-1999; 6-16-2015 by L.L. No. 2-2015; 9-12-2019 by L.L. No. 8-2019]
Building construction sites shall be maintained in conformity with the provisions of this chapter and all applicable laws to assure reasonable safeguards to protect the safety, health, and property of Village residents and the general public; and to protect roads and waterways from sediment transport created by stormwater runoff from construction sites. It shall be the obligation of the owners, residents, and all contractors and individuals working at a site to abide by the provisions of this section to keep the premises in a clean and safe condition and to take all required and other reasonable actions to prevent erosion and damage to any neighboring property, including, but not limited to, waterways.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- BUILDING CONSTRUCTION SITE
- Any premises within the Village that is undergoing an improvement.
- The movement of soil particles by the action of water, wind, ice, or other geological agents.
- All work, including, but not limited to, the construction and/or installation of new structures, additions, alterations, utilities, repairs, appliances, equipment, landscaping, demolition, excavation, and any other disturbance of existing stabilized soil, other than a disturbance of the soil which, in the opinion of the Superintendent, is de minimis.
- A dumpster, cart, pail, or other container used for the storage and/or transport of refuse.
- Includes garbage, newspapers, and refuse, as such terms are defined in § 94-10 of this Code, and, for clarity, including, but not limited to, materials used in building and other construction.
- The area between the paved portion of a road and the property line of the property adjoining that road.
- All public roads and all private roads serving three or more properties.
- SUBJECT PREMISES
- The premises where the improvements are taking place.
- The Superintendent of the Village Building Department or such Superintendent's designee.
Building construction site maintenance.
No construction materials shall be located on any property other than the subject premises without the prior approval of the owner of that property and the Superintendent. That prohibition includes, but is not limited to, all roads and rights-of-way
No vehicles, machinery, or other equipment used in conjunction with an improvement shall be parked, standing, or stored other than on the subject premises without the prior approval of the owner of that other property and the Superintendent. That prohibition includes, but is not limited to, all roads and rights-of-way.
No vehicles, machinery, or other equipment used in conjunction with an improvement shall block any roadways or driveways, damage any property, or drop, by their tires or otherwise, any mud, dirt, sediment, or refuse off the subject premises, or create any hazard or nuisance.
Grass and other ground cover on rights-of-way shall remain undisturbed and maintained for the duration of any improvement by cutting grass, raking leaves, and removing refuse, and, to the extent required by § 117-2 of this chapter, the removal of snow.
The subject premises and all rights-of-way adjoining the subject premises shall be maintained regularly for the duration of any improvement by cutting grass, raking leaves, and removing refuse, and, to the extent required by § 117-2 of this chapter, the removal of snow.
Tracked heavy machinery shall not be driven on any road or right-of-way.
Sufficient access to the subject premises, and to the structures thereon, if any, for fire and emergency vehicles, as determined by the Superintendent, shall be maintained at all times.
If access other than an existing driveway is being used for vehicles, machinery, and other equipment in conjunction with an improvement, there shall be only one entrance for such access. The entrance shall be protected from erosion by placement of a recessed entry pad. The minimum size of the entry pad shall be 24 feet wide by 50 feet long and 12 inches deep, and be made of oversized three-to-four-inch diameter crushed stone on top of filter fabric, as approved by the Superintendent.
If access by an existing driveway is being used for vehicles, machinery, and other equipment in conjunction with an improvement, such access shall be protected by a crushed stone entry pad, as approved by the Superintendent.
Roads and rights-of-way shall be cleaned each time a vehicle, machinery, or other equipment exits the subject premises if it drops mud, dirt, sediment, or refuse onto a road or right-of-way.
Refuse shall not be stored in piles on the subject premises or any other property.
All refuse shall be placed immediately in receptacles.
All receptacles shall be securely covered at all times during the hours that construction work is not being conducted. Receptacles shall not be allowed to overflow and shall be changed or emptied with sufficient regularity to prevent their overflowing or inability to be covered.
All receptacles shall be subject to the approval of the Superintendent to assure that they may be maintained in accordance with this section.
Refuse shall not be permitted, allowed, or tolerated to be scattered on the subject premises or any other property.
Any lightweight debris such as, but not limited to, papers, cups, disposal food wrappings, plates, and utensils, shall not be permitted to blow and spread about the subject premises or other property, including, but not limited to, roads, rights-of-way, neighboring properties, wetlands, and waterways. Sufficiently strong and tightly closed plastic refuse bags shall be used to contain lightweight debris.
By 6:00 p.m. each night, until 8:00 a.m. the following morning, or such later time when construction may legally commence, there shall be no refuse on the subject premises that is not properly contained as required by this section and/or Chapter 94 of this Code, or in some other manner, as approved by the Superintendent, which is sufficient to prevent the blowing or other spread of such refuse, reduce the visual adverse impact of such refuse, and reduce the possibility of rodent and insect infestation as a result of such refuse.
All of the trees on the subject premises for which a permit would be required for their removal by Chapter 147 of this Code shall be protected by a four-foot-high barrier that extends to the dripline of the tree's branches. The use of any crane, excavator, machinery, or other equipment shall not be permitted, allowed, or tolerated to cause damage to any such tree.
No mud, dirt, sediment, or other refuse shall be allowed, permitted, or tolerated to erode, flow, blow, or be dumped onto neighboring properties, roads, and rights-of-way. The foregoing shall not apply to the natural falling and blowing of leaves.
The subject premises shall be protected at all times from soil erosion onto other properties, including, but not limited to roads, wetlands, and waterways by use of New York State Standards and Specifications for Erosion and Sediment Control Best Management Practice Methods as required by all applicable laws, but, in any event, by no less than the placement and the maintenance in good condition of continuous rows of salt-hay bales, silt fencing, crushed stone, geotextile fabric, mulch, and raised berms to the satisfaction of the Superintendent. Stockpiles of extra fill shall be protected with erosion control or removed from the subject premises as necessary in the discretion of the Superintendent. Erosion control material shall be monitored regularly and immediately after a rain event so that such material is functional and in good and sufficient condition at all times.
All temporary erosion control material must be removed upon completion of the construction project.
Upon completion of the construction project permanent erosion control and landscaping must be established on the entire site. Acceptable methods of permanent erosion control include but are not limited to grass, ground covering plants, trees, shrubs, and other vegetation as approved by the Superintendent or various Village Boards. Tilling of compacted earth and topsoil shall be provided prior to the planting of any vegetation.
Construction that will create a disturbed land area of 43,560 square feet (one acre) or more shall obtain a SPDES General Permit for Stormwater from the New York State Department of Environmental Conservation. An application shall be filed with the Kings Point Village Clerk. A stormwater pollution prevention plan (SWPPP) must be submitted for review and approval by the Village Engineer. Building construction sites shall be maintained in accordance with the SWPPP.
Construction sites shall be protected by a continuous six-foot chain link fence with black privacy mesh in accordance with Village Code § 161-35H.
All excavations shall be protected with temporary shoring to prevent collapse in accordance with all applicable laws. All excavations may be required to have safety fencing in addition to the six-foot chain link fence protecting the construction site at the discretion of the Superintendent.
The subject premises, construction, and building materials shall be secured in the event of an extreme weather event.
The subject premises shall receive regular property maintenance during construction. Grass and weeds shall be cut. Leaves shall be raked. Snow shall be removed within 24 hours from the end of each snowfall. Swimming pools shall be pumped, cleaned, and covered as required.
The use of recycled concrete aggregate, crushed concrete, or blended recycled concrete is prohibited unless approved by the Superintendent.
The installation of Styrofoam stucco, or any similar material in the opinion of the Superintendent, on any building shall require the installation of scaffolding and/or mesh screens as required by the Superintendent to prohibit the blowing of Styrofoam, or any similar material, upon or from the subject premises.
The subject premises shall have temporary guardrails with a minimum height of 36 inches at all locations where there is a drop in elevation of 30 inches or more in close proximity to any walking surface or grade and at such other locations as deemed reasonable to prevent falling by the Superintendent.
All buildings on the subject premises shall be provided with temporary smoke and carbon monoxide alarms as required on each floor level for the duration of construction until permanent smoke and carbon monoxide alarms are installed in accordance with applicable building codes.
All buildings on the subject premises shall be provided with portable fire extinguishers on each floor level for the duration of construction.
All buildings on the subject premises shall have their interiors maintained in a clean, safe, and organized manner that is free of refuse.
The control of sand, dust, and other matter from blowing shall be in accordance with Village Code § 117-3.1.
During any period of construction, the owners, residents, and all contractors and individuals working at the subject premises shall comply with such directions and orders of the Superintendent as may be issued to attempt to assure compliance with this section.
Enforcement. The Superintendent shall administer and enforce the provisions of this section.
Penalties for offenses.
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.
[Added 5-7-2019 by L.L. No. 5-2019]
All persons shall maintain their premises in accordance with all applicable laws, regulations, and directives of all federal, state, and other municipal governments and governmental departments and agencies with jurisdiction.
In the event that the Village is fined or incurs any other costs or other expenses (“damages”) because of the failure of a person to comply with this section, such damages shall be charged to such person by the Village, and such charge shall become due and payable by said person within 20 days of demand by the Village.
In the event that the full amount of such charge is not paid to the Village within 20 days after such demand, then, and in that case, the Village Clerk shall cause to be filed in the office of the Village Clerk a sworn statement showing the amount of the damages, the location of the property, by section, block, and lot, that was the subject of the damages, and the name of the reputed owner thereof as shown on the Village tax rolls. 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 the court costs, expenses, and legal fees in the event the Village commences a legal proceeding to collect the amount to which it is due pursuant to this section. Said damages and court costs, expenses, and legal fees 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 damages and court costs, expenses, and legal fees, 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.
Owners of premises and other persons, as defined in § 117-1B, shall be responsible for compliance with this chapter.
[Amended 9-15-2020 by L.L. No. 6-2020]
The Building Inspector of the Village of Kings Point has the authority to administer and enforce this chapter.
In his discretion, the Building Inspector may issue notices of appearance, notices of violation, and/or orders, orally and/or in writing, with regard to any condition which violates the provisions of this chapter.
As used in this chapter, the term "Building Inspector" includes the Superintendent of the Building Department and all building inspectors, code enforcement officers, and other duly appointed law enforcement officials of the Village.
[Amended 9-15-2020 by L.L. No. 6-2020]
An appearance ticket and/or a notice of violation may be issued by the Building Inspector for a violation of this chapter. It shall be served either personally upon the person or by posting it in a conspicuous place upon the property affected. If it is served by posting it upon the property, a copy thereof shall be mailed to the person for whom it is desired by certified mail; a return receipt shall not be required.
If a notice of violation is served:
The notice, in addition to such other information the Building Inspector deems appropriate:
Shall describe the property, the violation, and the remedial action to be taken that will effect compliance with this chapter.
Shall prescribe a reasonable time within which such person shall be required to effect compliance with this chapter. If there are multiple violations, different periods may be required for different violations.
Shall state that the person served, or any other interested person, may request a hearing before the Superintendent of the Building Department prior to effecting all or any part of the violations. Such request must be made in writing and received by the Building Department at the Village Hall within seven days from service of the notice of violation.
If a hearing is requested, it shall be commenced no later than seven days after the request is made, provided that, for good cause, the Superintendent of the Building Department may postpone such hearing for a reasonable time. If, after the hearing, the Superintendent finds that no violation exists or that such unusual, extraordinary, or undue hardship shall occur by enforcement of the notice of violation, he may withdraw the notice of violation in whole or in part. If he does not withdraw the notice of violation in whole, he shall issue an order requiring the effectuation of compliance within a prescribed reasonable time. The proceedings at such hearing shall be informal and shall be summarized in a written report by the Superintendent, which shall be filed in the Building Department.
Any party aggrieved by the decision of the Superintendent may, within seven days of the filing of the decision in the Building Department, appeal said decision to the Board of Trustees. The failure to file within said seven-day period shall be deemed a waiver of any right to appeal the decision.
If an appeal is taken, after hearing the appeal, the Board of Trustees finds that no violation exists or that such unusual, extraordinary, or undue hardship shall occur by enforcement of the notice of violation, it may vacate or modify the notice of violation in whole or in part. If it does not vacate the notice of violation in whole, it shall issue an order requiring the effectuation of compliance within a prescribed reasonable time. The proceedings of the appeal shall be informal and shall be summarized in the Board's minutes with a copy that shall be filed in the Building Department.
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.
[Amended 5-19-2003 by L.L. No. 5-2003; 9-15-2020 by L.L. No. 6-2020]
Upon the failure, neglect, or refusal of any person to properly comply with this chapter 1) within seven days after the service of an appearance ticket, 2) by the date set forth in a notice of violation, 3) if a hearing by the Superintendent was timely requested, by the date set forth in the Superintendent's decision, or 4) if an appeal of the Superintendent's decision was timely requested, by the date set forth in the Board of Trustees' decision, whichever is later, or 5) such lesser period in the event of any emergency, as provided in § 117-10, the Building Inspector is hereby authorized and empowered to effect compliance with this chapter, subject to the approval of the Board of Trustees or, in the event of an emergency, subject to the approval of the Mayor.
If the Village has effected compliance with this chapter, in whole or in part, or has paid for its effectuation, 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 prior thereto, shall be charged to the owner of the property by the Village, and such charge shall become due and payable by the owner at the time of the payment of such bill.
If the full amount due the Village is not paid within 20 days after the effectuation, 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 dates the work was performed, the location, by section, block, and lot, of the property on which the work was performed, and the name of the reputed owner of the property. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus the costs and expenses, including attorneys' fees, if any, for collection, until final payment has been made. The lien shall be collected in the manner fixed by law for the collection of the Village's real property taxes and shall be subject to a delinquent penalty at the legal rate of interest for Village real property taxes 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.
Notwithstanding the provisions of Subsection A, it shall not be necessary for the Building Inspector to obtain the permission of the Board of Trustees or the Mayor to effectuate compliance with this chapter in the instance of a second or any subsequent violation of this chapter, even if it is a different violation of this chapter, upon the same property within a twelve-month period in order for the Village to be reimbursed after its effectuation in accordance with Subsections B and C.