[Adopted 12-7-2020 by L.L. No. 1-2021[1]]
This article shall be known and cited as the "Property Maintenance
Code for the Central Business District of the Incorporated Village
of Brightwaters."
It is the intent and purpose of this article to provide for
and ensure the proper use of commercial property within the Village's
Central Business District and to prevent unsightly, unsafe, hazardous
or dangerous conditions; to provide basic and uniform standards governing
the maintenance, appearance and condition of commercial properties.
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 of Brightwaters be eliminated.
A.
Buildings and structures.
(1)
All exterior exposed surfaces shall be repaired, coated, treated
or sealed to protect them from deterioration or weathering.
(2)
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings
shall be maintained in a clean, safe and sanitary condition. Every
floor, 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 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, and in a clean,
sanitary and safe condition and free from any litter, debris, paper,
dirt, garbage or junk. All stairs, steps, walks, walkways, driveways,
parking areas and spaces and other paved surfaces and areas shall
be maintained in a manner which permits for safe passage. 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 dust-free 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)
All property, buildings and structures shall be maintained free of
insects, vermin and rodent harborage and infestation. Insects, rodents
or other pests shall be exterminated or caused to be exterminated,
and methods used for such extermination shall conform with generally
accepted practices and comply with all applicable law.
(7)
No building or structure shall be permitted to exist with graffiti.
Graffiti shall be removed and the building or structure restored.
For purposes of this subsection, graffiti is defined as 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.
(8)
Blighted property is prohibited. In determining whether a property
shall be designated as blighted, the following factors shall be considered
by the Building Inspector:
(a)
Boarded windows, doors, entryways or exits;
(b)
Broken or unsecured windows;
(c)
All store-front windows shall be transparent, free from coverage
or obstruction and no more than 25% of any store-front window area
shall be covered or posted with signage of any type;
(d)
Temporary interior signage placed on the inside of a wall facing
outside or exterior signage shall be prohibited, except with the express
permission of the Building Inspector, and for a limited duration,
not to exceed 60 days, at the discretion of the Building Inspector.
If necessary, an application may be made to the Building Inspector
to extend the duration of time that a sign is posted or hung, with
that extended duration of time to be at the discretion of the Building
Inspector.
(e)
Excessive litter or debris;
(f)
Junk vehicles, salvage, or scrap property;
(g)
Damaged, unsightly, unsecured or unpermitted signage or awnings;
(h)
Graffiti;
(i)
Fencing which is broken, unsecured or in disrepair;
(j)
Outdoor lighting fixtures which are broken, unsecured or in
disrepair;
(k)
Electrical wires, electrical equipment or extension cords which
are broken, exposed or hazardously utilized;
(l)
Unfinished or abandoned construction;
(m)
Damaged, dead or fallen trees or limbs;
(n)
Fire damage to property which has not been repaired or restored;
(o)
Peeling or deteriorated paint;
(p)
Vermin, rodent harborage or infestation;
(q)
Any other factors deemed by the Building Inspector to pose significant
threat to the safety, health and/or general welfare of the Village.
(9)
After the enactment of this article, the Building Inspector shall,
as soon as practicable, survey the Village for conditions that do
not conform to the requirements of this article. Upon a determination
that a sign or other condition is nonconforming, the Building Inspector
shall notify the occupant or owner of the commercial building that
the sign or condition is nonconforming and must be removed and/or
remediated.
It shall be a violation of this article for any person, owner
or occupant to create, cause, maintain or cause to, or permit to,
continue or to fail to abate, correct or remove any condition that
is prohibited by this article. For purposes of this article, any person
shall include the owner, occupant, tenant, mortgagee or vendee in
possession, mortgagee when the owner or occupant has caused or allowed
the property to deteriorate or otherwise fall into a state of disrepair
or blight, a mortgagee who has commenced the foreclosure process,
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.
A.
Owners of property shall be responsible for compliance with the provisions
of this article and shall remain responsible therefor regardless of
the fact that this article 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 of
Brightwaters, as executor, administrator, trustee, guardian, operator
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
article and shall be bound to comply with the provisions of this article
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
article, said occupant shall be deemed and taken to be an owner within
the true intent and meaning of this article.
Any person or persons, association, firm or corporation who
violates any provision of this article shall be guilty of a violation,
punishable as follows:
A.
For conviction of a first offense, by a fine of not less than $250
and not more than $1,000 or by imprisonment not exceeding five days,
or by both.
B.
For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$1,000 and not more than $2,500 or by imprisonment not exceeding 10
days, or by both.
C.
For conviction of a third or subsequent offense of a series of offenses,
all of which were committed within a period of five years, by a fine
of not less than $2,500 and not more than $10,000 or by imprisonment
not exceeding 15 days, or by both.
D.
Each week in which the violation continues shall constitute a separate
and additional violation and shall be punishable as such pursuant
to this section.
E.
The Building Inspector is authorized and directed to institute any
and all actions and proceedings necessary to enforce this article.
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.
Whenever the Building Inspector determines that an emergency
exists which requires immediate action to protect the public health,
safety and welfare, he may issue an order, in writing, either by regular
mail, registered and/or certified mail, or by overnight mail delivery
or by in-person delivery, 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 article, 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 shall have
the power to abate, correct or remove the emergency, and any expenses,
including any legal expenses, incurred by the Village of Brightwaters
shall be borne by the owner, occupant, or other parties responsible
as defined in § 129-4.
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 Brightwaters.
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 Brightwaters.
If any section, paragraph, subsection or provision of this article
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this article as a whole or any part or
provision thereof other than the part so decided to be invalid or
unconstitutional.
The provisions of this article shall take effect immediately
upon filing this chapter with the New York State Secretary of State.
