This article shall be known as "Maintenance of Vacant Buildings"
and is supplementary to applicable provisions of the New York State
Uniform Fire Prevention and Building Code.
This article provides standards governing the facilities and
the condition and maintenance of vacant premises to safeguard the
safety, health and welfare of the community.
This article shall be applicable to the following:
A.
Lots, plots or parcels of land on which buildings designed for or
developed for residential use or occupancy, mixed-occupancy buildings,
nonresidential occupancy or accessory structures are located; and
B.
Buildings designed for or developed for residential use or occupancy,
including one- and two-family dwellings and multiple dwellings, mixed-occupancy
buildings, nonresidential occupancy and accessory structures. This
article shall not apply to factory-manufactured homes.
Provision for safe and continuous entry shall be provided to
the interior of a building or structure from the exterior at a street
or to a yard, court or passageway leading to a public open area at
any time entry is necessary for purposes of required maintenance or
inspection.
[Amended 5-2-2022 by L.L. No. 8-2022]
A.
The owner will protect and maintain the exterior of the building
as follows:
(1)
Exterior walls, including foundations, will be maintained so that
water does not penetrate into basements, cellars, or other interior
areas. All exterior walls and foundations must be free of holes and
crevices.
(2)
Exterior doors, windows, skylights and similar opening will be maintained
weather tight.
(3)
Exterior stairs, porches, entrance platforms, fire escapes and the
railings thereon shall be maintained in a safe and sound condition.
(4)
Roofs shall be maintained in a weather-tight condition.
(5)
Exterior surfaces shall be maintained in good condition. Surfaces
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative.
(6)
The coverings for windows and doors with glass may not consist of
any substance sprayed onto the glass doors or windows. All enclosures
shall be properly fitted and be of such material and surface that
they are neither unsightly nor will materially detract from the general
appearance of the building or the neighborhood and, when possible,
secured by normal means. When applicable, coverings shall be approved
by the Historic Review Board and the Planning Board.
(7)
The covering for broken doors and cracked or broken windows may consist
of replacement glass, plexiglass, boards, plywood or similar materials
finished and maintained in a manner recommended and approved by the
Enforcement Officer. The materials will be designed and of such color
to blend in with the finish of the building.
(8)
Windows that are not cracked or broken may be covered with interior
blinds, curtains, shades, or decorative paper.
(9)
The premises will be kept free of insects and vermin, and will be
treated if necessary.
(10)
Any excavations, swimming pools, or other attractive nuisance
must be filled in or properly closed.
(11)
Comply with all maintenance obligation under all applicable
code(s) of the Village and all of the applicable New York State Uniform
Codes, including but not limited to the Fire Prevention and Building
Code.
B.
In addition to the standards prescribed above, vacant commercial
and retail buildings shall comply with the following standards:
(1)
Any and all first floor windows will be replaced by glass, plywood,
plexiglass, an approved mural or announcement sign. Such covering
must be maintained.
(2)
Any and all window display areas shall be kept clean, free of hazard
and free of debris.
(3)
Any window covering shall have a clear opening of two square feet
to allow a view of the interior of the store for security and public
safety purposes. Such opening shall be installed no lower than three
feet above grade and no more than six feet above grade and may be
in either the show window or the door.
C.
If the owner shall fail to comply with the provisions of this section
regarding exterior protection, the Code Enforcement Department may,
after notice of noncompliance and intent to remedy is mailed to the
owner, perform or cause such work to be performed and may recover
the expense either by action or by local assessment on the premises,
or both. This action shall be in addition to any other available remedy
under this article.
D.
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
or owner, and may bring the violations before the code enforcement,
Board or special magistrate as soon as possible to address the conditions
of the property. Nothing herein shall limit the Village from abating
any nuisance or unsafe condition by any other legal means available
to it.
E.
The Sheriff, code enforcement, Board or special magistrate shall
have the authority to require the mortgagee or owner affected by this
section to implement additional maintenance and/or security measures,
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard or other
measures as may be reasonably required to help prevent further decline
of the property.
F.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Sheriff, code enforcement, Board or special magistrate may direct
the Village to abate the violations and charge the mortgagee or owner
with the cost of the abatement.
G.
If the mortgagee or owner does not reimburse the Village for the
cost of temporarily securing the property, or of any abatement directed
by the Sheriff, code enforcement officer, code enforcement, Board
or special magistrate, within 30 days of the Village sending the mortgagee
or owner the invoice, then the Village may lien the property with
such cost, along with an administrative fee as determined in the Village's
fee ordinance to recover the administrative personnel services. In
addition to filing a lien, the Village may pursue financial penalties
against the mortgagee or owner.
H.
The Village may contract with an entity to implement this chapter,
and, if so, any reference to the "enforcement officer" herein shall
include the entity the Village contracts with for that purpose.
Junk vehicles, as defined in § 208-3.1, equipment and materials shall not be stored in open areas of premises.
Fuel gas pipe systems shall be maintained gas-tight, safe and
operative under conditions of use or shall be disconnected at the
main.
A.
The domestic water supply system of the building shall be connected
to an approved source, shall not be subject to contamination and shall
not be connected to unsafe water supplies or shall be disconnected
at the main and the system completely drained.
B.
Stormwater drainage systems shall be maintained so as to function
properly and be kept free from obstructions, leaks and defects. Sewage
systems shall be similarly maintained or shall be sealed so as to
prevent accumulation of sewage gases in buildings.
Electrical fixtures, devices, wiring and systems shall be maintained
in safe working condition in a manner which will avoid a potential
source of ignition or shock, or service shall be discontinued at the
supply.
Elevators, dumbwaiters and escalators shall be maintained or
taken out of service, in accordance with ANSI A17.1.
Any excavations or other attractive nuisance shall be filled
in or secured to prevent access. Swimming pools must be closed to
prevent access, collapse, an attractive nuisance or unsanitary conditions.
Article III shall apply to penalties for offenses of this article.
