[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock 11-28-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 29.
Editor's Note: This chapter was originally adopted as Ch. 30 but was redesignated for organizational purposes.
This chapter shall be known and cited as "Property Maintenance."
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 Matinecock. This chapter will provide basic and uniform standards governing the maintenance, appearance and condition of structures and properties, whether improved or unimproved. This chapter requires that structures and properties within the Village 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.
The following definitions are applicable to this chapter only:
- BLIGHTED PROPERTY
- Property characterized by one or more of the following conditions, that the Building Inspector or the Code Enforcement Officer has determined exists; boarded windows, doors, entryway s or exits; broken or unsecured windows; excessive litter or debris; overgrown grass or other overgrown vegetation or shrubbery inconsistent with the character of the Village; building exterior in disrepair; junk vehicles, salvage, or scrap maintained on the property; graffiti; fencing which is broken, unsecured or in disrepair; outdoor lighting fixtures which are inoperable; abandoned construction; damaged, dead or fallen trees or limbs which present a danger other than woodland areas; fire-damaged property which has not been timely repaired or restored; open roofs to interior (open or closed structure); 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 general welfare of the Village. Blighted property shall also include properties that contain outdoor storage of the following:
- Includes all materials resulting from the construction, excavation, renovation, repair or demolition of structures, property or roads; vegetation resulting from land clearing, utility line maintenance and seasonal and storm-related cleanup.
- Includes all putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including packaging containers.
- Any writing, painting, or other permanent marking, 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.
- SOLID WASTE
- Includes all putrescible and nonputrescible materials and substances discarded, including but not limited to household and commercial garbage, industrial waste, rubbish, debris, litter and ashes.
Standing surface 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 as required by New York State Building Code.
Landscaped areas shall be maintained to prevent overgrown and unsightly conditions. Uncut grass and weeds shall not exceed six inches in height. Areas intended to be left natural in harmony with the character of the Village are acceptable, so long as they do not violate the intent of this chapter.
All fences, retaining walls, piers, entryway gates, columns and the like on Village or private right-of-way or on property line shall be maintained in a safe and good state of repair.
Dead or incurably diseased trees clearly visible from neighboring properties or in imminent danger of falling outside a property shall be taken down and the diseased portion thereof removed and destroyed. Any uprooted tree stumps shall be removed.
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.
Vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. Open wells, cesspools, cisterns, pits, holes and all other declivities shall be securely closed, covered or barricaded from access to the public.
No person shall deposit, throw or scatter or suffer, permit, allow or maintain the excessive accumulation of solid waste or debris, on any private or public property, vacant or improved lots.
No discarded material of any kind or accumulation of vegetation or construction waste shall be maintained beyond the normally scheduled garbage removal.
No excessive sand, dust or other such material shall be maintained or kept on property in such a manner as could cause injury, annoyance or detriment to the health, or safety of neighboring properties.
Buildings and structures.
Exterior exposed surfaces shall be repaired and maintained.
Exterior walls, roof and porch, or appurtenance thereto, shall be structurally maintained.
Foundation walls shall be maintained in good condition and structurally sound.
Exterior walls (including doors and windows), roofs and building element shall be maintained to keep water from entering the building. Building materials which have been substantially damaged by dry rot or other deterioration or damage shall be repaired or replaced 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.
Windows shall be maintained in a safe manner.
Vacant buildings shall be maintained and secured in a condition that does not present a hazard or visual offensive to adjoining properties, buildings, structures or to the public.
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.
Graffiti shall be removed from buildings or structures.
Maintenance of site and adjoining roads during construction.
During the construction of any new building or structure, or during its reconstruction, or alteration of the property, the owner shall cause the site and adjoining roads to be kept free of all garbage, rubbish, debris (including construction debris) trash and the like to the extent practicable.
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
Blighted property. Blighted property is prohibited. The Building Inspector or the Code Enforcement Officer shall determine whether property is blighted and specify a schedule for correction of any instance of blight on a property.
It shall be a violation of this chapter for the owner, occupant, tenant, contractor, or vendee in possession either directly or indirectly cause or allow the property to fall into a state of disrepair in accordance with this chapter.
Owners of property shall be responsible for compliance with the provisions of this chapter and shall remain responsible regardless of the fact that this chapter may also place responsibilities on others, or if there exists an agreement between others to assume such responsibility.
The Building Inspector or Code Enforcement Officer is authorized and directed to make all inspections necessary to determine compliance with the provisions of this chapter. For the purpose of making such inspections, the Building Inspector or Code Enforcement Officer is authorized, as permitted by law to enter the property, at all reasonable times and, examine and survey premises. The owner or occupants of the property, or the person in charge, 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, 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.
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.
If conditions existing on property violate the provisions of this chapter, the Building Inspector or Code Enforcement Officer shall serve by certified mail a written notice of such violation upon the owner, at the last known address of the owner or owner's agent and upon any known lessee or occupant of said premises at the property address and the last known address of the owner.
When acting to bring the property into conformity pursuant to this chapter, all costs and expenses, including Village legal fees, incurred by the Village are to be reimbursed by the property owner. Failure to reimburse the Village shall result in all costs and expenses being assessed against the property and shall constitute a lien that will be added to the property's tax bill and levied upon and collected as provided by law for the collection of delinquent taxes.
A property owner shall be given notice and an opportunity to be heard prior to any costs and expenses being placed on the property's tax bill.
In addition to the remedies set forth in this chapter, the Village of Matinecock 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, arid 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 a written order 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 address the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any party to whom such order is directed shall immediately comply. 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 shall be borne by the owner, occupant, or other parties responsible.