[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
This chapter shall be known and cited as the "Property Maintenance
Code of the Incorporated Village of Old Brookville."
[Amended 11-17-2014 by L.L. No. 6-2014]
It is the intent and purpose of this chapter to provide for
and ensure the proper use of property and to prevent unsafe, hazardous
or dangerous conditions upon property within the Village of Old Brookville;
to provide basic and uniform standards governing the maintenance,
appearance and condition of all structures and properties, whether
improved or unimproved, residential, commercial or otherwise. Structures
and properties within the Village shall be maintained in conformity
with the standards set out in this chapter so as to assure that these
structures and properties will not adversely affect the neighborhood
and the community at large. It is found and declared that by reason
of lack of appropriate maintenance and progressive deterioration,
certain structures and properties have the further effect of creating
blighting conditions, and that if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same. By reason of timely regulations and restrictions
as herein contained, the growth of blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of the neighborhoods enhanced and the public health,
safety and welfare protected and fostered. It is the intent, therefore,
of the Village that blight be identified, abated and eliminated and
that any and all conditions which pose a threat to the health and
safety of the public or to property within the Village be eliminated
and to provide for the elimination of such conditions by the Village
upon the failure of responsible parties to do so and for the assessment
of the cost thereof against the owners, occupants or other persons
as set forth in this chapter.
The following definitions are applicable to this chapter only:
Property characterized by one or more of the following conditions; the
Building Inspector or the Code Enforcement Officer can determine whether
property is blighted: boarded windows, doors, entryways or exits;
broken or unsecured windows; excessive litter or debris; overgrown
grass or other overgrown vegetation or shrubbery inconsistent with
the ambiance of the Village; roofs, gutters, siding/shingles, chimney,
shutters, and/or accessory structures, including, but not limited
to, decks, sheds, porches, pools, pool houses or cabanas, garages,
carports, storage units, front and rear porches, outside statuary,
and/or fish ponds which are broken, unsecured, or in disrepair; junk
vehicles, salvage, or scrap property; graffiti; fencing which is broken,
unsecured or in disrepair; outdoor lighting fixtures which are broken,
unsecured or in disrepair; electrical wires, electrical equipment
or extension cords which are broken, exposed or hazardously utilized;
unfinished or abandoned construction; damaged, dead or fallen trees
or limbs in conspicuous areas; fire damage to property which has not
been repaired or restored; significantly peeling or deteriorated paint;
stagnant water; open or unsecured wells, cesspools or cisterns; vermin,
rodent harborage or infestation; any other factors deemed by the Building
Inspector to pose significant threat to the safety, health and/or
general welfare of the Village; and presence within/upon an outdoor
area or the improper storage of:
[Amended 11-17-2014 by L.L. No. 6-2014]
Refrigerator, washing machine, sink, stove, heater, boiler,
tank, other household appliances, boxes or indoor furniture for a
period in excess of seven days; and/or
Construction materials, dirt, debris, trash, garbage or uncovered
refuse cans, accumulated refuse or garbage in covered refuse cans
which is not timely or properly disposed of.
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures,
property or roads as well as materials consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal
and storm-related cleanup. Such materials include but are not limited
to: bricks, concrete and other masonry material, soil, rock, wood,
wall coverings, plaster, drywall, plumbing fixtures, non-asbestos
insulation, roofing shingles, asphaltic pavement, glass, window frames,
electrical wiring and components, plastics, carpeting, foam padding,
linoleum, metals, or any combination thereof which is incidental to
construction, excavation, renovation, equipping, remodeling, repair
or demolition.
Includes all putrescible animal and vegetable waste resulting
from growing, processing, marketing and preparation of food items,
including packaging containers.
Any writing, painting, 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 without the consent
of the owner. Signs with proper sign permits or approval are expressly
not included in the definition of graffiti.
Includes all discarded or worthless nonputrescible solid
wastes consisting of both combustible and noncombustible wastes, including
but not limited to paper and paper products, rags, wrappings, cigarettes,
cardboard, tin cans, yard clippings, wood, glass, metals, plastics,
tires, bedding, cloth, crockery, furniture, appliances, batteries
and other automotive parts, paint and paint products, petroleum products
and similar items.
Includes all putrescible and nonputrescible materials and
substances discarded or rejected as having served their original intended
use or as being spent, useless, worthless or in excess to the owner
at the time of such discard or rejection, including but not limited
to household and commercial garbage, industrial waste, rubbish, debris,
litter and ashes.
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
and utilized.
(2)
All landscaped areas shall be well maintained so that lawns, hedges,
bushes, trees and weeds shall be trimmed so as to prevent overgrown
and unsightly conditions, and so that they do not constitute an insect,
vermin or rodent harborage or infestation hazard or blighting factor
thereby depreciating adjoining property. Uncut grass and weeds shall
not exceed six inches in height. Any amount of brush, grass or weeds
which conceals unhealthful deposits or conditions is prohibited. Areas
intended to be left natural in harmony with the character of the Village
are acceptable so long as they do not violate the other provisions
of this Code.
[Amended 11-17-2014 by L.L. No. 6-2014]
(3)
All fences, retaining walls, piers, entryway gates, columns and the
like shall be maintained in a safe and good condition and state of
repair. Such maintenance shall include, but not be limited to, the
replacement and/or repair of fences retaining walls, piers, entryway
gates, columns and the like, which may become in disrepair.
[Amended 11-17-2014 by L.L. No. 6-2014]
(4)
Steps, walkways, driveways and similar paved areas shall be maintained
in good and substantial condition and state of repair so as to afford
safe passage under normal use and weather conditions, and be free
from litter, rubbish, debris, paper, dirt, garbage and junk. Any holes
or other hazards that may exist shall be filled or necessary repairs
or replacements carried out.
(5)
Access to a residential or commercial building through steps, walkways
and driveways shall be maintained within 24 hours of a winter snow
or ice storm so as to enable postage employees and emergency personnel
safe passage thereon. No snow removed from steps, walkways, driveways
or other areas shall be deposited upon the public and private streets,
roads or highways so as to interfere with the use of such streets,
roads or highways or with the use of any other premises. In cases
of extreme storm events, access shall be restored as soon as reasonably
possible
[Amended 11-17-2014 by L.L. No. 6-2014]
(6)
Dead or incurably diseased trees clearly visible from neighboring
properties or in imminent danger of falling outside a property: Such
trees shall be taken down and the diseased portion thereof removed
and destroyed. Trees shall be kept pruned, and all fallen trees, uprooted
tree stumps, and dead wood shall be removed.
[Amended 11-17-2014 by L.L. No. 6-2014]
(7)
Any tree cut down shall be cut within eight inches of grade, and
promptly removed from the property. Any remaining tree stumps higher
than eight inches above grade shall be removed or cut to a height
of eight inches above grade or lower. These maintenance activities
shall be undertaken in accordance with and shall be subject to the
provisions of the existing tree regulations (Local Law No. 1-1999).[1]
[Amended 11-17-2014 by L.L. No. 6-2014]
(8)
Yards, courts and vacant lots shall be kept clean and free of physical
hazards, rodent harborage and infestation subject to all provisions
of this chapter. They shall be maintained in a manner that will prevent
rubbish from being blown about the neighborhood. Open wells, cesspools,
cisterns, pits, holes and all other declivities shall be securely
closed, covered or barricaded from access to the public.
(9)
No person shall deposit, throw or scatter or suffer, permit, allow
or maintain the accumulation of any filth, dirt, ashes, junk, garbage,
solid waste, debris, wastepaper, dust, rubbish, sticks, stones, grass,
wood, paper or paper boxes, iron, tin, nails, bottles or glass or
any other kind of rubbish or waste material, appliances, furniture,
tires, machinery, disabled automobiles or automobile parts, or other
bulk refuse upon any private or public property, vacant or improved,
within the Village except as permitted by the Village regulations
for trash and garbage removal.
(10)
No discarded material of any kind or accumulation of vegetation or construction waste shall be maintained beyond the normally scheduled garbage removal, and shall otherwise comply with Subsection B of this section.
(11)
No sand, dust or other such material shall be kept on property
in such a manner as could cause injury, annoyance or detriment to
the health, comfort or safety of a person of reasonable sensitivity
or cause damage to any real or personal property if such material
is blown off or otherwise escapes from the property.
B.
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.
(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)
Foundation walls of every building shall be maintained in good condition
and state of 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 by dry rot or other deterioration or damage
shall be repaired or replaced and refinished in a good and workmanlike
manner within a reasonable amount of time. Exterior walls, roofs and
other parts of the building shall be free from loose and unsecured
objects and materials. Such objects or materials shall be removed,
repaired or replaced.
(5)
Windows shall at all times be maintained in a safe manner, free of
cracks.
(a)
Windows that are cracked, broken or in imminent danger of breaking,
or missing shall be immediately boarded, to the extent necessary,
to assure the safety of persons from falling out and/or from broken
glass until such windows are replaced. In no event shall such boarding
of windows exceed 10 calendar days. Windows that are broken, in imminent
danger of breaking, or missing shall be replaced within 10 calendar
days after notice from the Building Inspector. Extensions beyond said
10 days, based upon a good faith inability to obtain replacement windows
within that time, shall be in the sole discretion of the Building
Inspector. Such replacement windows shall be installed in conformity
with the requirements of the Village Code.
(b)
The boarding of windows, except as provided in Subsection B(5)(a) hereof, is prohibited, except to the extent that the use of wood structural panels, as provided for in the New York State Residential Code, to provide protection from broken glass during periods of high wind velocity, or within 48 hours immediately before or within 48 hours immediately after such periods.
(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
rodent harborage and other vermin infestation. Such vermin or other
pests shall be exterminated or caused to be exterminated and methods
used for such extermination shall conform with generally accepted
practices in the Village 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.
C.
Maintenance of site and adjoining roads during construction.
(1)
During the construction of any new building or structure, or during
any reconstruction, enlargement, modification or alteration of any
existing building or structure or during work upon any site, the owner
of such construction site shall cause the entire site and all adjoining
roads to be kept in a good, neat, clean, sanitary and attractive condition
and free of all garbage, rubbish, debris (including construction debris)
trash and the like to the extent practicable.
(2)
At the end of each work day, the owner of the construction site shall
cause all garbage, rubbish, debris (including construction debris)
trash and the like thrown, placed, deposited or discarded by the owner
or owner's contractors, subcontractors agents, employees or invitees
to be collected and placed in dumpsters or other appropriate covered
containers or garbage disposal bags or removed from the site and adjoining
roadways.
(3)
At the end of each work week, the owner of the construction site
shall cause any accumulation of sand, gravel, cinder, topsoil, mud,
earth or dirt or the like placed, deposited or tracked or caused to
be placed, deposited or tracked from any construction site upon any
adjoining roadways or caused by the owner or owner's contractors,
subcontractors, agents, employees or invitees or other vehicles coming
to and from the site or from any other cause to be removed and the
adjoining roadways to be swept and cleaned.
(4)
The owner of the construction site shall cause appropriate sanitary
disposal facilities for the use of construction workers to be placed
and maintained at the construction site as required by applicable
laws, rules and regulations or as the Village's Building Inspector
shall determine to be suitable for the number of construction workers
at the site.
D.
Blighted property. Blighted property is prohibited. The Building
Inspector or the Code Enforcement Officer can determine whether property
is blighted and specify a schedule for correction of any instance
of blight on an property.
[Amended 11-17-2014 by L.L. No. 6-2014]
It shall be a violation of this chapter for any person to create, cause or maintain any condition which causes property to be blighted or fails to abate any such condition. It shall be a violation of this chapter for any person to fail to maintain property in accordance with the requirements of § 210-4. For purposes of this chapter, "any person" shall include the owner, occupant, tenant, contractor, or vendee in possession, when the owner or occupant has caused or allowed the property to deteriorate or otherwise fall into a state of disrepair or blight, the operator, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm, or corporation directly or indirectly in control of property or part thereof.
[Amended 11-17-2014 by L.L. No. 6-2014]
A.
Owners of property shall be responsible for compliance with the provisions
of this chapter and shall remain responsible therefor regardless of
the fact that this chapter may also place responsibilities on operators,
occupants and others, and regardless of any agreements between owners,
operators, occupants or others as to which party shall assume such
responsibility.
B.
Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the Village as
executor, administrator, trustee, guardian, operator, contractor or
agent, such person shall be deemed and taken to be the owner or owners
of said property within the true intent and meaning of this chapter
and shall be bound to comply with the provisions of this chapter to
the same extent as the record owner, and notice to any such person
or any order or decision of the Building Inspector shall be deemed
and taken to be a good and sufficient notice, as if such person or
persons were actually the record owner or owners of such property.
In instances where an occupant is responsible or shares responsibility
with the owner for the existence of one of more violations of this
chapter, said occupant shall be deemed and taken to be an owner within
the true intent and meaning of this chapter.[1]
[1]
Editor's Note: Original Section 7, Additional responsibilities
of mortgage holders, which immediately followed this section, was
repealed 11-17-2014 by L.L. No. 6-2014.
A.
The Building Inspector or Code Enforcement Officer is hereby authorized
and directed to make all inspections necessary to determine whether
compliance with the provisions of this chapter exists. For the purpose
of making such inspections, the Building Inspector or Code Enforcement
Officer is hereby authorized as permitted by law to enter, examine
and survey at all reasonable times all premises. The owner or occupants
of every premises, or the person in charge thereof, shall give the
Building Inspector or Code Enforcement Officer free access to such
premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a premises shall give the
owner thereof, or his agent or employee, access to any part of such
premises at all reasonable times for the purpose of making such repairs
or alterations as are necessary to effect compliance with the provisions
of this chapter or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this chapter.
B.
In the event that permission to enter any such premises for the purpose
of inspection is denied, the Building Inspector or Code Enforcement
Officer may apply to the appropriate authority for a search warrant.
C.
A warrant shall not be required:
(1)
When entry is by permission or at the request of the owner or occupant.
(2)
Where the Building Inspector or Code Enforcement Officer has reason
to suspect that an imminent danger to health and safety exists and
where immediate inspection is required to determine if such an imminent
danger to health or safety exists.
A.
If conditions existing on property violate the provisions of this
chapter, the Building Inspector or Code Enforcement Officer shall
serve or cause to be served a written notice of such violation, upon
the owner or owner's agent and upon any known lessee or occupant
of said premises.
B.
Said notice shall contain substantially the following:
(1)
The name of the owner as set forth on the Tax Assessor's record
and any known lessee or occupant of the premises.
(2)
The address or location of the premises.
(3)
The identification of the premises as the same appears on the current
assessment roll.
(4)
A statement of the conditions on the property deemed upon inspection
to be in violation of this chapter.
(5)
A demand that the violation of this chapter be cured on or before
10 days after the service or mailing of such notice.
(6)
A statement that a failure, refusal or neglect to comply with the
provisions of this chapter and the notice given pursuant thereto within
the time specified may result in a duly authorized officer, agent
or employee of the Village entering upon the property and removing
or otherwise curing such violation.
(7)
A statement that the cost and expense of such curing, plus legal
fees and an administrative fee equal to 15% of such cost and expense,
if not immediately reimbursed to the Village, shall be assessed against
the described property and shall constitute a lien thereon to be collected
as provided by law for the collection of delinquent taxes.
(8)
The date, time, and location at which the Village Board of Trustees will conduct a public hearing, if the conditions that gave rise to the issuance of the notice of violation are not corrected, to determine whether to authorize the corrective action specified in Subsection B(6) of this section. The date of such public hearing must be at least 20 days after service or mailing of the notice of violation. Notice of the public hearing shall be published in a paper of general circulation in the Village at least five days prior to the date of the public hearing.
(9)
A statement that the property owner, his/her agent, lessee or occupant
is entitled to be heard at such hearing and present evidence or testimony.
C.
Any notice required pursuant to this section shall be served as follows:
D.
Nothing contained herein shall require notice as a prerequisite to
the issuance of a summons or appearance ticket for a violation of
any of the provisions of this chapter.
E.
Within two working days prior to the public hearing, the Building
Inspector or Code Enforcement Officer shall conduct a second inspection
of the property and prepare a written report of the conditions that
gave rise to the issuance of the notice of violation and the extent
to which such conditions may have been corrected.
F.
If the Building Inspector or Code Enforcement Officer deems the violations
to be adequately corrected, the public hearing shall be canceled and
notice is to be posted to inform the public of same. If the violations
remain, the public hearing shall proceed as scheduled with no additional
notice required.
G.
If a public hearing is held, the Village Board of Trustees may determine
that corrective action needs to be taken to bring the premises into
conformity with the provisions of this chapter.
H.
Upon a determination by the Village Board of Trustees that corrective
action needs to be taken, the Village Board of Trustees is empowered
to authorize officers, agents or employees of the Village to enter
onto the property to remove any materials stored, deposited, placed
or maintained in violation of this chapter and dispose of or otherwise
destroy the same, or otherwise repair the property or cure any condition
in violation of this chapter.
I.
Any costs and expenses, plus legal fees and an administrative fee
equal to 15% of such costs and expenses, incurred by the Village when
acting pursuant to this chapter to bring the property into conformity
with the provisions of this chapter are required to be immediately
reimbursed to the Village upon written notice requesting same. Failure
to reimburse the Village shall result in any costs and expenses being
assessed against the property involved and shall constitute a lien
thereon to be placed on the property's tax bill and levied upon
and collected as provided by law for the collection of delinquent
taxes.
J.
A property owner shall be given notice and an opportunity to be heard
prior to any costs and expenses incurred pursuant to this section
being placed on the property's tax bill.
Any person or persons, association, firm or corporation who violates any provision of this chapter shall be guilty of a violation, punishable as provided for in Chapter 1, General Provisions, § 1-3 of this Code. The Building Inspector is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. The Village Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution or other penalties.
In addition to the remedies set forth in this chapter, the Village
of Old Brookville reserves the right to pursue any and all remedies
available at law or in equity, including, but not limited to, those
set forth in Articles 13 and 19-A of the Real Property Actions and
Proceedings Law, and the Building Inspector is hereby authorized to
take any and all action specified thereunder.
Whenever the Building Inspector or Code Enforcement Officer determines that an emergency exists which requires immediate action to protect the public health, safety and welfare, he may issue an order, in writing, to the owner, agent or occupant reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any party to whom such order is directed shall comply therewith immediately. If such party does not respond within a reasonable time to address the emergency, then the Building Inspector or Code Enforcement Officer shall have the power to abate, correct or remove the emergency, and any expenses, including any legal expenses, incurred by the Village of Old Brookville shall be borne by the owner, occupant, or other parties responsible as defined in § 210-5.
The requirements and standards set forth in the Property Maintenance
Code of the State of New York 2012, and all revisions and amendments
thereto shall be controlling in the Incorporated Village of Old Brookville.
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 Old Brookville.
