[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.
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.
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.
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.
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.
Fully operational for the use intended.
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.
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.
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.
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.
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.
The duly appointed Village Manager of the Village of Walden.
Work performed in a skillful manner or in a manner characteristic
of a skilled workman.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Retaining walls shall be maintained in a structurally sound condition.
I.
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.
A.
Exterior surfaces.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
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.
C.
Signs, billboards, awnings, marquees and lighting systems.
(1)
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.
(2)
All nonoperative or broken electrical signs, awnings and/or lighting
systems shall be repaired or shall, with their supports, be removed.
(3)
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.
(4)
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.
(5)
Nothing herein shall be construed to authorize any encroachment on
streets, sidewalks or other parts of the public domain.
D.
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.
E.
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.
A.
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.
B.
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.
A.
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]
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.[1]
B.
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.
C.
Each calendar day a violation shall continue shall constitute and
be deemed a separate and distinct offense.
