[HISTORY: Adopted by the Board of Trustees of the Village of Walden 3-10-1998 by L.L. No. 2-1998 (Ch. 116 of the 1982 Code). Amendments noted where applicable.]
The Board of Trustees of the Village of Walden hereby determines that it is necessary for the public health, safety and general welfare of the residents of the Village of Walden to provide regulations whereby all properties within the Village are kept clean and free from vermin, noxious weeds and disease-bearing insects, including ticks, mosquitoes and flies, are properly maintained to avoid blight and are kept free of nuisances, hazards, debris and litter. Furthermore, it is found and declared that by reason of lack of maintenance and progressive deterioration, certain properties and structures have the further effect of creating blighting conditions leading toward the creation of slum-type areas and that, if the same are not curtailed and removed, the conditions will grow and impact the entire community. By reason of timely regulations and restrictions, the public health may be protected, blighted areas prevented and the desirability and amenity value of properties maintained.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them. When not inconsistent with the context, the present tense shall include the future and words used in the plural shall include the singular and vice versa.
- ACCESSORY BUILDING OR STRUCTURE
- A subordinate building or structure located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building or structure is attached to the main building in a substantial manner, as by wall or roof, such accessory building or structure shall be considered part of the main building.
- The condition or appearance of a building or structure characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.
- ENFORCEMENT OFFICER
- The Village Manager or the individual(s) employed by the Village of Walden designated by the Village Manager to enforce the provisions of this chapter.
- EXPOSED TO PUBLIC VIEW
- Any premises or open space or any part thereof or any building or structure that may be lawfully viewed by any member of the public from a sidewalk, street, alleyway or from any adjoining or neighboring premises.
- EXTERIOR OF PREMISES
- Those portions of a building that are exposed to public view and the open space of any premises outside of any building erected thereon.
- Any animal or vegetable refuse or waste matter capable of fermentation or decay.
- GOOD WORKING CONDITION
- Fully operational for the use intended.
- GOOD WORKING REPAIR
- A standard of maintenance that renders a building safe, habitable and possessed of a neat and orderly appearance.
- The presence of insects, rodents, vermin or other pests.
- NOXIOUS GROWTH
- Plants or other flora growth that may be hurtful, harmful or may physically affect individuals, including but not limited to poison ivy, sumac (trees, bushes or vines), deadly nightshade, Japanese Heliotrope and bindweed. Noxious growths shall not include those plants normally cultivated in gardens.
- A. Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New York, its governmental agencies or the regulations and laws of the Village of Walden.
- B. Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where said condition exists.
- C. Any waste material or any other matter attractive to vermin, likely to breed disease or which present a fire hazard, create offensive odors or otherwise are prejudicial to good health or are so unsightly of appearance as to be offensive to surrounding properties.
- Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling premises or any person or entity in possession of or using any premises or part thereof, whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy.
- Includes any person having individual or joint title to real property in any form defined by the laws as an estate or interest therein, whether legal or equitable and however acquired.
- Includes an individual, a partnership, a joint venture, a corporation, an association and any other organization recognized as an entity by the laws of the State of New York.
- A building, dwelling and/or grounds.
- Land and whatever is erected on, growing on, placed on or affixed thereto.
- All cardboard, plastic material or glass containers, wastepaper, rags, sweepings, pieces of wood, excelsior, rubber and like waste material.
- The Village of Walden.
- VILLAGE MANAGER
- The duly appointed Village Manager of the Village of Walden.
- WORKMANLIKE MANNER
- Work performed in a skillful manner or in a manner characteristic of a skilled workman.
In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner or occupant of premises to comply with any or all of the requirements and standards of this chapter to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions.
Owners and occupants shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any duty, obligation or responsibility hereunder nor be entitled to assert, as a defense against any charge made against him or them for violation of this chapter, the fact that another owner, occupant or any other third person or entity is also responsible therefor and in violation thereof.
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary.
Fences and other minor constructions shall be maintained in safe and substantial condition by the owner of the premises upon which they are located. Such maintenance shall include but not be limited to painting or staining as needed and the replacement of broken or missing sections of fence which may come into disrepair.
Steps, walks, driveways, parking spaces, parking lots and similar paved areas shall be repaired, replaced and maintained so as to be free from holes, hazards and dirt as to afford safe passage under normal use and weather conditions.
Yards, vacant lots and courts shall be kept clean and free of physical hazards and rodent harborage and infestations. 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 by the public. All temporary excavations shall be kept covered or barricaded so as to protect the general public from injury.
All land must be kept free of dead or dying trees and accumulations of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious growths, garbage, refuse or debris which would either tend to start a fire or increase the intensity of a fire already started or cause poisoning or irritation to people or animals or cause or tend to cause or enhance an unhealthy or dangerous or obnoxious condition on said property or on an adjacent or neighboring property.
In no instance shall upholstered furniture, carpeting, mattresses, box springs, clothing or any such fabric items, dishwashers, refrigerators, washing machines, dryers, stoves, ovens or any such indoor appliance be located in yards or yard enclosures or on porches where they are subject to weather deterioration or exposed to public view.
No materials or stock-in-trade, garments, shoes, merchandise or other wares may be stored or displayed in a front or exterior or interior side yard except for motor vehicles for sale at a permitted motor vehicle sales establishment. No soft drinks or other vending machines, ice machines or the like may be placed in front of a building on a public sidewalk.
Retaining walls shall be maintained in a structurally sound condition.
Exterior balconies, porches, landings, stairs and fire escapes shall be provided with banisters or railings properly designed, installed and maintained to minimize the hazard of falling and unsightly appearance.
Exterior walls, including doors and windows and the areas around doors, windows, chimneys and other parts of the building, shall be maintained as to keep water from entering the building. Materials which have been damaged or show evidence of rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner.
All exposed exterior surfaces shall be maintained free of broken or cracked glass, loose shingles or loose or crumbling stones or bricks, loose shutters, loose railings, loose aerials, other loose and unsecured objects and materials, peeling of paint or other conditions reflective of deterioration or inadequate maintenance. Said conditions shall be corrected by repair or removal in a workmanlike manner.
Exterior wood surfaces of buildings and structures that are not inherently resistant to deterioration shall be repaired, treated or sealed with a protective coating of paint or other suitable preservative to protect them from deterioration or weathering.
Exterior 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.
Accessory buildings or structures shall be maintained in the same manner as main buildings, as contained in Subsection A of this section, so as to be free of conditions detrimental to safety or health.
Signs, billboards, awnings, marquees and lighting systems.
All permanent signs, billboards, awnings, marquees and/or lighting systems exposed to public view, permitted by reason of other regulations or as lawful nonconforming use, shall be maintained in a completely operable, clean, sightly, nondeteriorated and safe condition. Any signs, billboards, awnings, marquees and/or lighting systems that show evidence of weathering, peeling, discoloration, ripping, tearing, holes or deterioration or those whose supports have deteriorated so that they no longer meet the structural requirements of the New York State Uniform Fire Prevention and Building Code shall, with their support, be removed or put into a good state of repair.
All nonoperative or broken electrical signs, awnings and/or lighting systems shall be repaired or shall, with their supports, be removed.
Signs, billboards, awnings or marquees denoting a business which has ceased operation shall be removed within 30 days of the date on which the business ceases to operate.
If a sign, billboard, awning, marquee and/or lighting system 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, billboard, awning, marquee and/or lighting system was installed, shall be cleaned and maintained so that the exterior of the building or structure shall have a uniform color and texture.
Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
Roof drains, overflow pipes, air-conditioning drains and any other device used to channel water off or out of a building shall be maintained in a safe and operable condition and shall not drain onto a public sidewalk, walkway, street, alley or adjoining property. Air-conditioning units which are over any public opening shall have condensation piped away from the entranceway of the same.
All vacant buildings shall be continuously guarded and/or kept secure against unauthorized entry. Materials and methods with which such buildings are secured must meet the approval of the Village as to color, design and building materials. Owners of such buildings shall take such steps and perform such acts as may be required to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining properties or to the public and that such property does not become infested with vermin and rodents.
Grounds, buildings and structures shall be maintained free of insects, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
Dumpsters and similar large receptacles shall be fully shielded from view from the public street by means of appropriate landscaping, hedges, fences, screening or an enclosure. In the event that site conditions of a particular property make compliance with these requirements impracticable, the owner thereof may apply for a waiver from the Village Manager. In granting such a waiver, the Village Manager shall impose such reasonable conditions as to effectuate the intent of this section to minimize the visibility of such dumpster or similar large receptacle. Such dumpster or similar large receptacles shall not be kept in a front yard or exterior side yard unless otherwise permitted by the Village where no feasible alternative exists.
[Amended 5-12-1998 by L.L. No. 3-1998]
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with the provisions of applicable codes. Each owner of any building from which garbage, rubbish, mixed refuse, ashes or other wastes are collected shall provide refuse containers sufficient in number to hold all collectible wastes which may accumulate. Containers must be rodentproof and insectproof, watertight and must be kept covered at all times. Such containers must not be kept in a front yard or exterior side yard.
No inside or outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time, and all such garbage, crates, rubbish, refuse or debris shall be kept in an acceptable enclosure and shall be regularly collected and removed from the premises.
The Village Manager and/or his/her designee(s) is/are hereby charged with the enforcement of this chapter and is/are hereby authorized to issue appearance tickets to secure enforcement.
Whenever the enforcement officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violations to the person or entity responsible therefor. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly served if a copy thereof is sent by certified mail to the last known address of the person or entity upon which the same is served, as shown on the most recent assessment roll of the Village, or a copy thereof is personally delivered to said person or entity, or a copy is left at the usual place of abode or office of the person or entity. Notice shall be given as aforesaid within or without the Village. The notice shall also state that, unless the violation is abated, cured, removed or prevented within five days of the date of service of such notice exclusive of the date of service, an appearance ticket shall be issued for such violation.
Whenever the enforcement officer finds that an emergency condition exists, which condition requires immediate attention in order to protect the public health or safety, he may, with the consent of the Village Manager, issue an order by service of notice in the manner set forth above, reciting the existence of such an emergency condition and requiring that remedial action be taken by the violator immediately. Any person to whom such an order is directed shall comply therewith immediately but, upon written objection to the Village Clerk within 48 hours of issuance of the order, any such person shall be afforded a hearing by the Board of Trustees as soon as is practicable. After such hearing, the Board of Trustees may continue such order in effect or modify or withdraw it.
Failure to comply with the direction of the enforcement officer or the Board of Trustees when notice has been provided in accordance with this chapter shall constitute a separate and distinct offense hereunder.
Upon the failure of a person or entity to comply with a notice to correct a condition which violates the provisions of this chapter, the Board of Trustees may, after a hearing, order the condition abated and shall authorize the enforcement officer to take the necessary steps to carry out the Board's order. All costs associated with the abatement of the condition shall be charged to the owner of such real property, which cost shall be assessed and constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied and discharged, and the same shall be collected in the same manner and at the same time as other Village charges.
The removal or abatement of any nuisance, hazard or condition by the Village or its agents shall not operate to excuse the owner or occupant from properly maintaining any premises as required by this chapter, and such owner or occupant shall, notwithstanding such action, be subject to any penalties provided for herein.
Any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder or shall fail to comply thereunder shall be guilty of an offense and, upon conviction, shall be punishable by a fine of not more than $250 or subject to imprisonment for 15 days, or both.
Injunction. In addition to the above-provided penalties and punishment, the Board of Trustees of the Village may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain, by injunction, the violation of this chapter or any order promulgated hereunder.
Each calendar day a violation shall continue shall constitute and be deemed a separate and distinct offense.