[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne 9-7-2011 by L.L. No. 1-2011 (Ch. 20-A of the 1972 Code). Amendments
noted where applicable.]
This chapter shall be known and cited as the "Property Maintenance
Code of the Incorporated Village of Malverne."
It is the intent and purpose of this chapter to provide for
and ensure the proper maintenance of property and to prevent unsafe,
hazardous or dangerous conditions upon property within the Village
of Malverne. It is the intent of the Village that any and all conditions
which pose a threat to the health, safety, or welfare of the public
or to the property within the Village of Malverne be eliminated by
the owner of record or tenant in possession of the offending property.
Upon the owner's or occupant's failure to eliminate such conditions,
the Village may cause to have said conditions eliminated and assess
the cost thereof against the owner of record or tenant in possession
of the offending property as set forth in this chapter.
A.
General requirements.
(1)
Surface and subsurface water shall be drained to prevent damage to
buildings and structures and to prevent development of stagnant waters.
Gutters, culverts, catch basins, drain inlets, stormwater sewers and
sanitary sewers or other satisfactory drainage systems shall be provided,
utilized and maintained. In no case shall the water from any rain
leader be allowed to flow over the sidewalk or adjoining property.
(2)
All property shall be well maintained so that lawns, hedges, bushes,
trees and weeds shall be trimmed so as to prevent overgrown and unsightly
conditions. In no event shall any plant growth overhang or extend
beyond the property line so as to obstruct the safe passage of pedestrians
or vehicles. No weeds or lawn growth shall be permitted to exceed
10 inches in height.
(3)
All fences shall be maintained in a safe state and in good repair.
Such maintenance shall include but not be limited to the replacement
and/or repair of fences which may become in disrepair.
B.
Buildings and structures.
(1)
All exterior exposed surfaces shall be repaired, coated, treated
or sealed to protect them from deterioration or weathering.
(2)
Floors, interior and exterior walls, roofs, ceilings, porches, stairs,
furnishing and fixtures and all appurtenances of buildings shall be
maintained in a clean, safe and sanitary condition and 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)
Foundation walls of every building shall be maintained in good repair
and be structurally sound.
(4)
Exterior walls (including doors and windows), roofs and the areas
around doors, windows, chimneys and other parts of a building shall
be so maintained as to keep water from entering the building. Materials
which have been damaged or show evidence of dry rot or other deterioration
or damage shall be repaired or replaced and refinished in a good,
workmanlike manner. Exterior walls, roofs and other parts of the building
shall be free from loose and unsecured objects and material. Such
objects or materials shall be removed, repaired or replaced.
(5)
Each and every part of the property, including but not limited to
stairs, steps, walks, walkways, driveways, parking areas and spaces
and other paved surfaces, shall be kept in good repair, maintained
in a manner which permits for safe passage and kept in a clean, sanitary
and safe condition and free from any litter, debris, paper, dirt,
garbage or junk. Any holes or other hazards that may exist shall be
filled, or necessary repairs or replacement carried out. All driveways
and parking spaces shall be covered with a dustless surface, and such
driveways and parking spaces shall be regularly cleaned to avoid accumulation
of dirt, paper or any debris. Any and all sidewalks shall be kept
free from snow and ice. In removing such snow or ice, no person shall
put the same in the gutter or drain of the street or in any manner
fill up or obstruct any such gutter or drain.
(6)
Vacant buildings shall be maintained in a condition that does not
present a hazard to adjoining properties, buildings, structures or
to the public.
(7)
All property, buildings and structures shall be maintained free of
insect infestation, vermin and rodent harborage and infestation. Insect
infestations, rodents or other pests shall be eliminated or caused
to be eliminated, and methods used for such elimination shall conform
with generally accepted practices and comply with all applicable law.
(8)
No building or structure shall be permitted to exist with graffiti.
Graffiti shall be removed and the building or structure restored within
30 days of occurrence. For purposes of this subsection, "graffiti"
is defined as any writing, drawing, staining, carving, etching or
other marking, made by use of chalk, paint, ink, aerosol spray can,
knife, pencil or any other marking device and/or material, of any
word, name, lettering, inscription, figure, design, or other representation,
made upon a portion of a building or structure. Signs with proper
sign permits or approval are expressly not included in the definition
of graffiti.
Owners of property within the Village of Malverne, or tenants
or occupants or mortgagees or vendees in possession, assignees of
rents, receivers, executors, trustees, lessees, sublessees, agents
or any other person, firm or corporation directly or indirectly in
control of any premises, building or part of property within the Village
shall be responsible for compliance with this chapter.
A.
The Building Inspector or any other duly appointed enforcement officer
of the Village of Malverne shall be charged with the duty of administering
and enforcing this chapter.
B.
It shall be the duty of the Building Inspector or any other duly
appointed enforcement officer of the Village of Malverne to issue
a notice of violation in writing to order the correction of all conditions
found to exist in or on any premises which violate the provisions
of this chapter. Alternatively, the Building Inspector may, in his
sole discretion, issue an appearance ticket pursuant to Article 150
of the Criminal Procedure Law.
C.
If a notice of violation is issued, it shall be served either personally
or by posting. If a notice of violation is served by posting, it shall
be posted in a conspicuous place upon the premises of the person(s)
charged with the violation and a copy thereof shall be mailed, certified
mail, return receipt requested, to the person(s) charged. If the violation
is served by posting, service is complete upon the date of mailing.
If the person so charged is not the owner, the notice shall also be
mailed, certified mail, return receipt requested, to the owner.
D.
A notice of violation shall state that, unless, within 10 calendar
days from service of the notice of violation, a written request is
made for a review with the Building Inspector, the notice of violation
shall, at the expiration of such ten-day period, be deemed an order
to cease and desist from and to abate, correct or remove the offending
conditions; such notice shall prescribe a reasonable time within which
such person shall be required to cease and desist from and abate such
violation.
E.
Within five calendar days of receipt of a request for a review, the
Building Inspector, in his sole discretion, shall advise in writing
whether the review will be conducted upon written submissions or will
require personal appearance(s). If personal appearance is required,
the meeting shall be commenced no later than 15 calendar days after
the request for review is made, provided that, for good cause, the
Building Inspector may postpone such meeting for a reasonable time.
If, after the review, the enforcement officer finds that no violation
exists, or that unusual, extraordinary or undue hardship exists, s/he
shall withdraw the notice of violation. If the Building Inspector
finds that a violation exists, s/he shall issue a decision ordering
the abatement of the same within a prescribed reasonable time. The
decision of the Building Inspector shall be issued within seven calendar
days of the review and shall be binding and final.
A.
Upon the failure, neglect or refusal to abate, correct or remove
within 20 calendar days after the cease-and-desist order or decision,
as the case may be, the Building Inspector is hereby authorized and
empowered to initiate the abatement, correction or removal of the
conditions in violation of this chapter.
B.
In the event that the Village of Malverne has abated, corrected or
removed the offending conditions or has paid for such abatement, correction
or removal, the actual cost thereof, plus the accrued legal rate of
interest per annum from the date of the invoice for the work, shall
be charged to the owner of the offending property, building or structure.
A copy of the invoice shall be mailed to the persons charged with
the violation by certified mail, return receipt requested. Such charge
shall become due and payable by said owner immediately upon presentation
of such bill. The owner may, within 10 calendar days of receipt of
the invoice, request a review before the Superintendent of Buildings
to challenge the reasonableness of the fees.
C.
In the event no review is requested to challenge the reasonableness of the fees, and the full amount due the Village of Malverne specified in Subsection B remains unpaid 20 calendar days following the mailing of the invoice for the cost associated with the abatement, correction or removal, then 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 date the work was completed and the location of the property by section, lot and block on which said work was done and the name of the reputed owner thereof. 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 costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be a lien on the property and 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 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 in the statement that the same is due and collectible as provided by law.
In addition to the other penalties set forth in this chapter,
any person, upon conviction of a violation of this chapter, shall
be punishable by a fine of $250 to $1,000, 15 days' imprisonment,
or both. Upon conviction of a second or subsequent violation of this
chapter within a twelve-month period, any person shall be punishable
by a fine of $1,000 to $2,500, 30 days' imprisonment, or both. In
addition, such person shall be subject to an injunction prohibiting
and otherwise preventing any further violations. Nothing in this chapter
precludes the Village of Malverne from seeking any other available
remedies at law.
The requirements and standards set forth in the property maintenance
code of the State of New York, and all revisions and amendments thereto,
shall be controlling in the Incorporated Village of Malverne. Where
permitted by the property maintenance code of the State of New York,
it is the intent of the Board of Trustees to implement greater minimum
standards within the Village of Malverne.
Whenever the Building Inspector or enforcement official finds
that an emergency exists which requires immediate attention to protect
the public health or safety, s/he may, without notice or hearing,
issue an order reciting the existence of such emergency and require
that such action be taken as s/he deems necessary to address 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. Upon petition to the Building
Inspector, said person shall be afforded a hearing as soon as practicable.
[Added 5-1-2013 by L.L.
No. 4-2013]
A.
Purpose. The planting or growing of bamboo has been determined to
be a community problem due to the destructive nature of the plant
to uproot asphalt, concrete and fences of adjoining property owners.
Bamboo has a remarkable ability to propagate and spread at an alarming
rate, causing harm to adjoining landowners. For this reason, the Board
of Trustees has determined it to be necessary to prohibit the planting,
growing or maintaining of bamboo on outdoor improved or vacant unimproved
property (excluding the inside of a residence as a plant).
B.
Prohibitions. It shall be unlawful for any owner, agent of such owner,
and/or any person, firm or corporation in possession of any improved
real property or vacant unimproved real property, excluding the possession
of a plant inside a residence, within the Village of Malverne, to
permit planting, growing and/or maintaining of bamboo, whether originating
on said property or encroaching thereon from any neighboring property.
The term "bamboo" shall be defined as any tropical or semi-tropical
grass of the genera Bambura, Dendrocalamus, or of any other related
genera.
C.
Penalties for offenses.
(1)
The Department of Buildings (i.e., Building Inspector) has the authority
to issue a summons for a violation of the provisions of this section.
If necessary, the Department of Buildings can issue a summons once
per week in the event an owner, owner's agent, person or corporation
fails to remedy an existing condition after being notified by the
Department of Buildings of a bamboo condition by being issued an initial
summons and failing to remedy the condition within seven days after
receipt of the initial summons.
(2)
A violation of this section shall be punishable by a fine of not
more than $350 for any such violation or an individual may be subject
to up to 15 days' incarceration.
