[HISTORY: Adopted by the Board of Trustees of the Village
of Matinecock 11-28-2017 by L.L.
No. 3-2017[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 29.
[1]
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:
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.
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.
A.
General requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
No discarded material of any kind or accumulation of vegetation or
construction waste shall be maintained beyond the normally scheduled
garbage removal.
(9)
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.
B.
Buildings and structures.
(1)
Exterior exposed surfaces shall be repaired and maintained.
(2)
Exterior walls, roof and porch, or appurtenance thereto, shall be
structurally maintained.
(3)
Foundation walls shall be maintained in good condition and structurally
sound.
(4)
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.
(5)
Windows shall be maintained in a safe manner.
(6)
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.
(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)
Graffiti shall be removed from buildings or structures.
C.
Maintenance of site and adjoining roads during construction.
(1)
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.
(2)
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 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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
