Village of Woodbury, NY Property Maintenance

The purpose of this chapter is to provide basic and uniform property and maintenance standards governing the condition and maintenance of all residential, commercial and industrial units, including but not limited to vacant lots, offices, places of public assembly, shopping centers, supermarkets, retail stores, warehouses, manufacturing and fabrication plants, gasoline stations and other business uses. The chapter shall be known as the "Property Maintenance Code of the Village of Woodbury."

§ 240-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING: A structure wholly or partially enclosed within exterior walls or within exterior or party walls and a roof affording shelter to persons, animals or property.

COURT: An open and unoccupied space on a lot which is enclosed on at least three sides by walls of a building.

DEBRIS: Garbage, litter, automotive parts, leaves, twigs, branches, logs, stumps, yard clippings and any other solid waste.

FACADE: The face or front of a building.

INFESTATION: The presence of insects, rodents, vermin or other pests.

JUNKED VEHICLE: Any vehicle, including a trailer, which is without a currently valid license plate or plates and which is dismantled, partly dismantled, inoperative or in an abandoned condition.

LOT: A plot, tract, premises or parcel of land without buildings or structures located thereon.

PERSON: Any individual, partnership, corporation or other entity.

STRUCTURE: An assembly of materials forming a construction framed of component structural parts, which exists for occupancy or use.

UNOCCUPIED HAZARD: Any building or part thereof which remains unoccupied for a period of more than one year, with either doors, windows or other openings broken, removed, boarded or sealed up.

VILLAGE: The Village of Woodbury.

YARD: An open space on the same lot which contains a building and is located between the building line and the lot line which the particular building line faces.

§ 240-3 Deposit of debris on streets or right-of-way prohibited.

No person shall deposit, blow, sweep, rake or otherwise cause debris to be put onto or into Village streets, sidewalks, drainage ditches, gutters, culverts or on any portion of the Village's ten-foot right-of-way. A violation of this section can be enforced by the Code Enforcement Officer or any member of the Town of Woodbury Police Department.

§ 240-4 Maintenance standards.

Open areas; parking spaces.

(1)

Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural safety or health hazard by reason of construction, maintenance or manner of discharge.

(2)

Fences or other accessory structures shall be maintained in a safe and nondeteriorated condition.

(3)

Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, and necessary repairs or replacement shall be made. Moreover, sidewalks, curbs, aprons, ramps and driveway approaches shall be constructed in accordance with the specifications set forth in Chapter 269, Article V, of the Village Code.

(4)

Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation and debris. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.

(5)

Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health shall be eliminated. Any trees or portions thereof located on private property and constituting a hazard to person or property shall be removed. Owners of vacant lots shall mow the lawns and cut all grass back a distance of 10 feet from the curb and/or the side of the road at least once a month from April 1 to November 30.

(6)

A junked vehicle may not be parked, stored or left in the open.

(7)

All fences and planting areas installed on the premises shall be maintained by the owner of the property. Such maintenance shall include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed, the maintenance and cutting of lawns and the replacement and/or repair of fences which may be in disrepair.

(8)

Restaurants and other eating facilities shall have garbage containers sufficient in number for all of their solid waste and shall maintain them in satisfactory condition.

(9)

All areas used for off-street parking, storage of trucks and of other motor vehicles and access driveways, including any right-of-way or easement over the subject property, shall be surfaced in accordance with the following specifications: not less than two inches of broken stone after compaction and one inch of premixed bituminous material after compaction; or concrete of not less than four inches thick; or, in a residential district, Belgian block or brick not less than four inches thick.

Buildings and structures.

(1)

All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering. Said surfaces having once been coated with any finish, such as paint, varnish, lacquer, etc., must be continuously maintained and recoated as necessary to keep uniformity of color and texture. Such surface shall be recoated in a workmanlike manner.

(2)

Every exterior wall, roof and porch or appurtenance thereto shall be maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.

(3)

The foundation walls of every building shall be maintained in good repair and shall be structurally sound.

(4)

Exterior walls, roofs and all openings, doors and windows, including glass, chimneys and other parts of a building, shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. 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. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material and improperly secured objects and materials. Such objects or materials shall be removed or replaced.

(5)

The owner of a vacated building shall take such steps and perform such acts as may be required of him from time to time by the Code Enforcement Officer to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or the public. All openings shall be provided with painted exterior-grade plywood closures, securely fastened.

(6)

Buildings and structures shall be maintained in such condition so that they shall not become an unoccupied hazard as defined in this chapter. All graffiti or defacing shall be removed and the surface finish restored within a five-day period.

(7)

All signs, awnings and lighting systems shall be maintained in a completely operable, clean, sightly, nondeteriorated and safe condition.

(8)

All decorative pools and similar devices shall be maintained free of litter and operated as intended. Should the maintenance costs of such devices prove unacceptable, the device shall be converted to landscaped planting beds or removed.

(9)

Fuel-burning, heat-producing equipment shall be installed or maintained so that the emission or discharge into the atmosphere of smoke, dust particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person. Where a NYSDEC burning permit is required, a copy shall be filed with the Building Department.

(10)

Chimneys, flues and their supports shall be installed and maintained so as to be structurally safe, durable, smoketight, noncombustible and capable of withstanding the action of flue gases without softening, cracking, corroding or spalling.

(11)

Air-conditioning units which are over any public opening shall have condensation piped away from the entranceway of the same.

(12)

Electrical fixtures, devices, wiring and systems shall be maintained in safe working condition so as not to be a potential source of ignition of combustible material or an electric hazard or shock and shall be properly connected to a reasonable, adequate source of electrical power.

(13)

All plumbing fixtures, sanitary facilities, plumbing appliances and plumbing equipment shall be properly maintained in good working condition.

(14)

If a sign is removed from the exterior of a building or structure, the area that was covered by the removed sign and now left exposed, even if a new sign is installed, shall be cleaned and maintained so that the exterior of the building or structure shall have a uniform color and texture.

Dumpsters. All dumpsters shall be enclosed with fencing and shrubs and other screening as approved by the Code Enforcement Officer.

Unoccupied hazard. Unoccupied hazards shall be subject to condemnation in accordance with the laws of the State of New York and this Village.

§ 240-5 Penalties for offenses.

Any person who violates the provisions of this chapter shall be subject to a fine of not more than $250. Each day a violation of this chapter exists shall constitute a separate violation of this chapter.