[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 8-18-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
It is hereby found and declared that there exist in the Village
of Greenwood Lake structures used for residential and nonresidential
use which are or may become in the future substandard with respect
to structure, equipment or maintenance or, further, that such conditions,
including but not limited to structural deterioration; lack of maintenance
and appearance of exterior of premises; infestation; lack of essential
heating, plumbing, storage or refrigeration equipment; lack of maintenance
or upkeep of essential utilities and facilities; existence of fire
hazards; inadequate provisions for light and air; unsanitary conditions;
and overcrowding constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Village. It is further found and declared that, by reason of lack
of maintenance and because of progressive deterioration, certain properties
have the further effect of creating blighting conditions and initiating
slum conditions and that, if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time and expenditure of large amounts of public funds to correct
and eliminate the same and that, by reason of timely regulations and
restrictions as herein contained, the growth of undesirable areas
and blight may be prevented and the neighborhood and property values
thereby maintained, the desirability and, amenities of residential
and nonresidential uses and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.
The purpose of this code is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the
maintenance, appearance. condition and occupancy of residential and
nonresidential premises; to establish minimum standards governing
utilities and other physical components and conditions to make the
aforesaid facilities fit for human habitation, occupancy and use:
to fix certain responsibilities upon owners and operators and distinct
and separate duties and responsibilities upon occupants; to authorize
and establish procedures for the inspection of residential and nonresidential
premises; to fix penalties for violations of this code; and to provide
for the repair or vacating of premises unfit for human habitation
or occupancy or use.
A.
All definitions of the New York State Uniform Fire Prevention and
Building Code are hereby included by reference. Said codes, which
are referred to, are the latest editions published before passage
of this chapter.
B.
ABANDONED MOTOR VEHICLES
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF PREMISES
EXTERMINATION
GARBAGE
HABITABLE ROOMS
INFESTATION
JUNK
LITTER
MIXED OCCUPANCY
NOXIOUS WEEDS
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
OPERATOR
OWNER
PARTIES IN INTEREST
PARK
PERSON
PREMISES
PRIVATE PROPERTY/PREMISES
PUBLIC PLACE/AREAS
PUBLIC AUTHORITY
REFUSE
RUBBISH
The following terms, wherever used herein or referred to in the code,
shall have the respective meanings assigned to them, unless a different
meaning clearly appears from the text.
See to Chapter 64, Junk Vehicles.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, peeling or other evidence of physical
decay or neglect, lack of maintenance or excessive use.
Any premises or any part thereof characterized by holes,
breaks, rot, crumbling, peeling, rusting or other evidence of physical
decay or neglect, lack of maintenance or excessive use.
Open space on the premises outside of any building thereon.
The control and elimination of insects, rodents and vermin.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
Rooms used or designed for use by one or more persons for
living or sleeping or cooking or eating, but not including bathrooms,
water closet compartments, laundries and serving and storage pantries.
Corridors, foyers, vestibules, cellars, heating rooms, boiler rooms,
utility rooms and other rooms or spaces that are not used frequently
or for an extended period of time or that have less than 50 square
feet of superficial floor area shall not be considered as habitable
rooms.
The presence of insects, rodents, vermin or other pests on
the premises that constitute a health hazard.
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
machinery, machines, unregistered motor vehicles, boats and boat trailers.
Nonputrescible solid wastes consisting of both combustible
or noncombustible wastes, such as but not limited to paper wrappings,
cardboard, empty containers, tin or aluminum cans, wood, glass or
glass bottles, ashes or other debris of a nondescript nature.[1]
Any building containing one or more dwelling units or rooming
units and/or having a portion thereof devoted to nondwelling uses
or used as a hotel.
Weed or plant growth which is noxious or detrimental to the
public health and welfare.
Any public nuisance as defined by statute or ordinance or local
law.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes but is not limited
to abandoned motor vehicles, abandoned cesspools, abandoned wells,
shafts, basements, excavations, abandoned ice boxes, refrigerators,
motor vehicles, boats, trailers, any structurally unsound fences or
structures, lumber, trash, debris or vegetation, such as poison ivy
or poison sumac, which may prove hazardous for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the condition
exists.
Overcrowding of a room with occupants in violation of this code.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this code.
Inadequate conditions or anything offensive to the senses or
dangerous to health, in violation of this code.
Whatever renders air, food or drink, unwholesome or detrimental
to the health of human be beings.
Fire hazards.
Weeds and grass.
Any person who has charge, care or control of a dwelling
or control of a dwelling or premises or a part thereof, whether with
or without the knowledge of the owner.
Any person or entity who alone, or jointly or severally with
others, shall have legal or equitable title to any premises, with
or without accompanying actual possession thereof or shall have charge,
care or control of any dwelling unit as owner or as executor, executrix,
administrator, trustee, receiver or guardian of the estate or as a
mortgagee in possession, regardless of how such possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any dwelling or dwelling unit shall be deemed to be co-owner with
the lessor and shall have joint responsibility over the portion of
the premises sublet or assigned by said lessee.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any reservation, playground, beach, recreation center, lakefront,
vacant land or other public area owned or operated by the Village
and devoted to active or passive recreation.
Any individual, firm, partnership, corporation, association
or organization of any kind.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any vacant land or house, building or other structure not
owned or operated by the Village of Greenwood Lake, whether inhabited
or temporarily or continuously uninhabited or vacant, including any
yard, ground, parking lot, walk, driveway or accessory structure belonging
to or appurtenant to such house, building or other structure.
Any highway, road, street, avenue, alley, park, public parking
area, public driveway, sidewalk, right-of-way, grounds or building
or any property under the ownership or control of the Village of Greenwood
Lake, or any property open to and/or serving the general public.
Any officer who is in charge of any department or branch
of the government of the municipality, county or state relating to
health, fire, building regulations or to other activities concerning
buildings in the municipality.
All putrescible and nonputrescible solid waste, except body
wastes, including but not limited to garbage, rubbish, ash, street
cleanings, dead animals, abandoned automobiles and boats, solid market
and industrial wastes. (See also "garbage" and "rubbish.")
Litter, as defined herein, in quantities necessitating bagging
or packaging, any junked, inoperable or abandoned automobile, bicycle,
boat or any boat parts, and/or parts or tires of any automobile, bicycle,
airplane or helicopter, or any construction or demolition materials,
any docks or flotation products, any appliances, furniture, scrap
materials or all other waste materials which, if thrown, accumulated
or deposited as herein prohibited, tend to create a danger to public
health, safety or welfare, or tend to cause pollution of waterways
or tend to create any unsightly condition or blight.
Every residential, nonresidential or mixed or multi-occupancy
building and the land on which it is situated, used or intended to
be used for dwelling, commercial, business or industrial occupancy,
as well as vacant, land shall comply with the provisions of this code,
whether or not such building shall have been constructed, altered
or repaired before or after the enactment of this code and regardless
of any permits or licenses which shall have been issued for the use
or occupancy of the building or for the installation or repair of
equipment or facilities prior to the effective date of this code.
In any case where the provisions of this code impose a higher
standard than set forth in any other local ordinance or under the
laws of the state, then the standards as set forth herein shall prevail;
but if the provisions of this code impose a lower standard than any
other local ordinance or the laws of the state, then the higher standard
contained in any other ordinance or law shall prevail.
No license or permit or other certification of compliance with
this code shall constitute a defense against any violation of any
other local ordinance applicable to any structure or premises, nor
shall any provision herein relieve any owner, operator or occupant
from complying with any such other provision nor any official of the
Village from enforcing any such other provision.
A.
Free of hazards and unsanitary conditions The exterior of the premises
and all structures thereon shall be kept free of all nuisance and
any hazards to the safety of the occupant, pedestrians and other persons
utilizing the premises and free of unsanitary conditions, and any
of the foregoing shall be promptly removed and abated by the owner
or operator to keep the premises free of hazards, which include but
are not limited to the following:
(1)
Refuse: brush, weeds; leaves, broken glass, stumps, roots, obnoxious
growths, filth, garbage, trash and debris, abandoned automobiles and
boats.
[Amended 1-27-2012 by L.L. No. 1-2012]
(2)
Natural growth: dead and dying trees and limbs or other natural growth,
which, by reason of rotting or deteriorating conditions or storm damage,
constitutes a hazard to persons in the vicinity hereof. Trees shall
be kept trimmed and pruned to prevent such conditions.
(3)
Firewood shall not be stored in front yard. Firewood may be stored
in a side or rear yard screened from public view.
(4)
Overhanging: dangerously loose and overhanging objects, including,
but not limited to, dead trees or tree limbs, accumulations of snow,
ice or any object, natural or man-made, which could fall and threaten
the health and safety of persons if caused to fall or other similar
dangerously loose and overhanging objects, which, by reason of their
location above around level, constitute an actual hazard to persons
or vehicles in the vicinity thereof.
[Amended 11-16-2009 by L.L. No. 7-2009]
(5)
Ground surface hazards or unsanitary conditions: holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow
and excretion of pets and other animals on paths, driveways, walks,
parking lots and parking areas and other premises. Holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or unsanitary conditions
with reasonable dispatch upon their discovery.
(6)
Recurring accumulations of stormwater: Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
(7)
Sources of infestation.
(8)
Foundation walls: Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(9)
Chimney and all flue and vent attachments: Chimneys and all vent
attachments thereto shall be maintained so as to capably perform at
all times the functions for which they were designed. Chimneys, flues,
gas vents or other draft-producing equipment shall provide sufficient
draft to develop the rated output of the connected equipment and shall
be structurally safe, durable, smoketight and capable of withstanding
the action of flue gases. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weathercoating materials, such as paint or similar
surface treatment where necessary.
(10)
Exterior porches, landings, balconies, stairs and fire escapes shall
be provided with banisters or hand railings properly designed and
maintained to minimize the hazard of falling, and the same shall be
kept structurally sound, in good repair and free from defects.
(11)
Traffic safety maintenance. All traffic flow and control signs, whether
painted on pavement or vertical structures, shall be properly maintained
in a functional condition. Bent and leaning sign poles shall be replaced
and/or straightened. Painted directional and parking-bay stripes shall
be maintained in a readable condition. Bent and broken traffic control
guard rails and fencing shall be replaced.
(12)
Litter and maintenance of solid waste: All industrial and commercial sites shall be kept free from noticeable accumulation of paper and solid waste debris. Common refuse storage areas shall be kept in a clean and repaired state in full conformance with the site plan provisions for such facilities (see Chapter 63). All parking areas, walkways, sidewalks, and pathways on industrial and commercial sites shall be cleared of snow and ice within the amount of time specified by § 91-2 of this Code.[1]
B.
Appearance of exterior of premises and structures and the condition
of accessory structures shall be maintained so that the appearance
of the premises and structures shall not constitute a blighting factor
of adjoining property.
(1)
Structurally unsound, loose, dangerous, crumbling, missing, broken,
rotten or unsafe exterior portions of buildings or structures, including
but not limited to porches, landings, balconies, stairways, handrails,
steps, walls, overhangs, roofs, fences, supporting members, timbers,
abutments, fire escapes, signs, or loose, crumbling or falling bricks,
stones, mortar or plaster.
(2)
Exterior surfaces or parts of buildings or structures containing
sharp, rough or projecting surfaces or objects that might cause injury
to persons coming in contact therewith.
(3)
Broken glass or windows or rotted, missing or structurally destroyed
window frames and sashes, door frames, exterior doors or other major
exterior component parts of buildings or structures.
A.
The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair. The same shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint, or other conditions reflective of deterioration or
inadequate maintenance to the end that the property may be preserved,
safety and fire hazards eliminated and adjoining properties protected
from blighting influences. A periodic (monthly) exterminating service
shall be maintained in all multiple family dwellings.
B.
The outside building walls shall not have any holes or loose boards
or any broken, cracked or damaged finish which admits its rain, cold
air, dampness, rodents, insects or vermin.
C.
Even dwelling shall be so maintained as to weather- and be watertight.
D.
All parts of the premises shall be maintained so as to prevent infestation.
E.
All parts of the dwelling shall be kept in a clean, sanitary condition,
free of nuisance and free from health, safety and fire hazards.
F.
All boards and wood, including floorboards, subfloors, joists, bridging
and all other boards in any interior or exterior floor, wall, roof
or other part of the structure, shall be maintained to be free of
cracks, termite damage or rot. Any damaged members shall be replaced.
All inspections, regulations, enforcement and hearings on violations
of this code, unless expressly stated to the contrary, shall be under
the direction and supervision of the Building Inspector, Supervisor
of the Department of Public Works, Fire Inspector, Health Office and
the Police Department.
When a petition is filed with the public authorities by a public official or board, or by a resident of the Village charging that any building is unfit for human habitation or occupancy or whenever it appears to the public officer on his own motion that the continuing of any condition constitutes a nuisance in the meaning of this chapter or presents a condition harmful to the health and safety of the occupants of said building and the general public of the Village, all regulations as stated in Chapter 40 of the Code of the Village of Greenwood Lake shall apply.
The owner of the property where the building was removed or
demolished shall be liable for all costs incurred by the Village of
Greenwood Lake relating to such demolition or removal.
Complaints, appearance tickets, orders and notices issued by the issuing authority shall be served personally or by certified mail. If the person to be served cannot be found in the exercise of reasonable diligence and the public official shall make an affidavit to that effect, then the service of said complaint, appearance ticket or order shall be made in accordance with the applicable provisions of Chapter 40 of this Code.
In all cases where brush, weeds, dead and dying trees, stumps,
obnoxious growths, filth, rubbish, garbage, trash and debris are removed
from any lands and where lawns and hedges are not maintained pursuant
to this chapter by or under the direction of the public officials,
such official shall certify the cost thereof to the Board of Trustees,
which shall examine said certificate and cause the cost shown thereon
to be charged against said lands. The amount so charged shall forthwith
become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as taxes, and
shall be collected and enforced in the same manner as taxes.
Any person, firm or corporation who or which shall violate any
of the provisions of this chapter shall be subject to a fine of not
more than $250 and/or imprisonment of not more than 15 days as provided
in the Penal Law. Each day that said violation exists shall constitute
a separate violation of this chapter.
