Village of Ellenville, NY Property Maintenance

In order to prevent blight and the spread thereof, it is hereby declared that all structures or properties, whether occupied or vacant, shall be maintained in conformity with the standards set out in this chapter so as to ensure that none of these structures or properties will adversely affect their neighborhood or the community. It is found and declared that by reason of lack of maintenance and progressive deterioration, structures and properties have the further effect of creating blighting conditions and initiating slums, and the presence of brush, weeds and noxious or poisonous brush and weeds creates the blighting effect of causing poor drainage, 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 sums of public funds to correct and eliminate the same. By reason of timely regulations, as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.

§ 171-3 Conflict with other provisions.

When this chapter is in conflict with any other local law, ordinance, statute, rule, regulation or any other code or ordinance adopted by the Village of Ellenville, the most restrictive law shall prevail.

§ 171-4 Enforcement.

Any duly appointed law enforcement officer of the Village of Ellenville, including the Code Enforcement Officer and Building Inspector, shall be charged with the duty of administering and enforcing this chapter.

It shall be the duty of any duly appointed law enforcement officer of the Village of Ellenville, including the Code Enforcement Officer and Building Inspector, to issue a notice of violation or to order in writing the correction of all conditions found to exist in or on any premises which violate the provision of the chapter.

(1)

Upon the determination of any duly appointed law enforcement officer that a violation of this chapter exists, he shall send written notice specifying the violations and requiring compliance within five days thereafter. Such notice shall be served either personally upon the property owner, or agent thereof, or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed at the last known address of the property owner, or its agent.

(2)

In the event that the notice specified in Subsection B(1) of this section is not complied with after a period of five days from the date of service if personally served upon the property owner, or within 10 days after the date of such notice in the event same is served by posting and mailing in accordance with Subsection B(1) of this section, or within 10 days after the date of such notice in the event same is returned to the Village because of inability to make delivery thereof, provided same was properly addressed to the last known address of such owner or agent, then any duly appointed law enforcement officer of the Village of Ellenville, including the Code Enforcement Officer and Building Inspector, may immediately issue an appearance ticket or summons.

§ 171-5 Responsibilities.

Owners of premises, including single-family residences, multifamily dwellings, and commercial premises, shall be responsible for compliance with this chapter and shall remain responsible therefor, regardless of the fact that this chapter may place certain responsibility on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume responsibility. Owners of premises shall be responsible for maintenance of the premises in a clean, safe and sanitary condition.

Occupants of dwelling units and commercial premises shall be responsible for compliance with this chapter in regard to the following:

(1)

Maintenance of that part of the premises which they occupy and control in a clean, safe and sanitary condition and in compliance with this chapter.

(2)

Keeping all exits from the dwelling unit and premises clean and unencumbered.

(3)

Disposal of garbage and refuse into refuse containers in a clean and sanitary manner.

§ 171-6 Exterior maintenance.

Fences and retaining walls shall be maintained in a safe condition. All fences and/or retaining walls shall be constructed and maintained in accordance with the requirements as they are more fully set forth in Chapter 107 of the Code of the Village of Ellenville.

In the case of single-family residences, multifamily dwellings and commercial premises, steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.

In the case of single-family residences, multifamily dwellings and commercial premises, all driveways and parking spaces provided shall be covered with crushed stone, gravel, concrete or asphalt paving and shall be kept in good repair, and such driveways and parking spaces shall be regularly cleaned to avoid accumulation of dirt, paper and other debris. On commercial premises, all parking areas shall be paved with concrete or asphalt, and all parking spaces shall be clearly marked with painted white, yellow or blue lines.

The owner shall keep all and every part of the premises which he/she owns, as well as any public rights-of-way from the owner's building line to the nearest public street, in a clean, sanitary and safe condition, broom-swept and free from litter, debris, paper, dirt, garbage and junk and, except for public improvements, in good repair.

In addition to a property owner keeping every part of his/her property maintained, the property owner is also required to maintain his/her lawn, including rear and side yards, and shall also be responsible to maintain the grass on any public right-of-way from the owner's building line to the nearest public street. Grass shall not be permitted to exceed six inches.

The owner shall keep all and every part of the premises which he/she owns free from dead or incurably diseased trees and shall be responsible to take the dead and/or diseased trees down and/or remove and destroy the diseased portion thereof.

§ 171-7 Buildings and structures.

The exterior of all structures shall be kept free from loose, broken or unsecured objects and materials. Such loose, broken or unsecured objects or materials, including but not limited to windows, aerials, shutters, shingles, bricks, railings and gutters, shall be properly secured or removed from the structure.

All exterior exposed structures not inherently resistant to deterioration shall be coated, treated or sealed to protect them from deterioration or weathering. Wood, masonry or other exterior materials that will naturally resist deterioration do not have to be treated but must be otherwise maintained in a sound, secure workmanlike manner. Exterior surfaces that have been painted or otherwise coated must be maintained in a neat, orderly, serviceable manner.

Floors, corridors, hallways, walls, vestibules, ceilings, stairs and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, exterior wall, roof, porch or appurtenance thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.

Foundation walls and bearing walls of every building shall be maintained in good repair and be structurally sound.

Vacated buildings or structures must be kept locked or secured. Owners of such buildings shall take such steps and perform such acts as may be required to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public and that such property does not become infested with vermin or rodents.

Each owner of any building from which garbage, rubbish, mixed refuse, ashes or other wastes are collected shall provide refuse containers sufficient in number to hold all collectible wastes which may accumulate. Containers must be flytight, rodent-tight and watertight and must be kept covered at all times.

§ 171-8 Storage of vehicles.

The owner, tenant or occupant of any property located within the Village of Ellenville shall not park, or permit or allow the exterior parking or storage of, any vehicle within the front, side or rear yard of such property, unless such vehicle is parked upon a driveway or other paved or dust-free surface provided for such purposes. The failure of any owner, occupant or tenant to comply with the provision of this section shall be deemed an offense.

It is the intent of this chapter that a "vehicle," as used herein, shall include automobiles, buses, trucks, mobile homes, motorcycles, motor bicycles, minibicycles, snowmobiles, boats, or any other contraption originally intended for travel.

A recreational vehicle may be stored on the rear yard of a lot, provided it is stored and maintained in a neat and orderly manner.

The provisions of this § 171-8 shall not apply to homeowners or their invitees parking in front of their properties from April 1 through October 31 to properties located upon the south side of Westwood Avenue from Linden Street to Laurel Avenue.

[Added 11-28-2011 by L.L. No. 5-2011]

§ 171-9 Front yard accumulation prohibited.

It shall also be prohibited to store or accumulate garbage, rubbish, waste material or bulk items in any front yard or front porch when visible from any public place, street or sidewalk. Such items include, but are not limited to, filth, dirt, ashes, junk, garbage, wastewater, raw sewage, sewage, wastewater, dust, rubbish, sticks, stones, wood, leaves, paper, paper boxes, iron, tin, nails, bottles, glass of any kind, old cars and car parts, discarded appliances and discarded furniture.

Nothing contained herein shall prohibit the storage of such garbage, rubbish, waste material or bulk items in any garage or accessory structure. Any such garage or accessory structure used for storage of such garbage, rubbish, waste material or bulk items shall be secure and provide for resistance to rodent or insect infestation.

§ 171-10 Mailbox installation.

Every owner or occupant of property shall install any mailbox solely in compliance with the rules and regulations of the United States Postal Service. The mailbox shall be installed in such a manner which will not interfere with the speedy and efficient removal of snow and/or ice from the other right-of-way by the Highway Department. The installation of a mailbox within any public right-of-way shall be at the sole risk and liability of the owner or occupant of the abutting real property, and the Village of Ellenville shall not be liable for any damage to any such mailbox.

§ 171-11 Snow and ice removal.

The owner or occupant of any real property, whether vacant or improved by any buildings, abutting any sidewalk in the Village of Ellenville shall keep such sidewalk free and clear of snow and ice at all times.

Within 24 hours after cessation of every fall of snow or the formation of any ice on the sidewalk abutting the premises, the owner or occupant shall remove or cause the same to be removed or cleared entirely from the said sidewalk to a minimum width of 30 inches. If the snow or ice shall be frozen so hard that it cannot practicably be removed, the owner or occupant shall, within the time above specified, cause the sidewalk to be covered and strewn with salt, ashes, sand or other dissolving or disintegrating material and shall, as soon thereafter as the weather will permit, thoroughly clean the sidewalk and remove the ice and snow therefrom.

No snow removed from driveways, walks or other areas shall be deposited upon the public streets or highways so as to interfere with the use of such streets or highways or with the use of any other premises.

Where a sidewalk has not been set aside along the margin of a street or highway adjoining that portion of business or commercial premises used for access and parking, including but not limited to individual stores, shopping centers and gasoline service stations, the owner or occupant shall clear a path at least 30 inches in width throughout the length of the premises free from snow and ice for use by pedestrians as a walkway in compliance with the provisions of Subsections A and B of this section.

The owner or occupant of any real property, whether vacant or improved by any buildings, in front of which or adjacent to which property there is a fire hydrant, shall cause snow to be removed for a distance of 30 inches around the hydrant and between the hydrant and the street and to keep the fire hydrant and access to the street free from snow throughout the winter.

The owner or occupant of any real property, whether vacant or improved by any buildings, located at an intersection of two streets shall clear a path at the intersection at least 30 inches in width through any piles or accumulation of snow or ice on the sidewalk or street so as to enable pedestrian access from the sidewalk at the corner to the cleared portion of the roadway.

If snow or ice shall remain on a sidewalk for more than 24 hours after the cessation of snowfall or the formation of ice, the Village may provide for the removal thereof at the expense of the property owner or occupant of the abutting premises without further notice to the property owner. The charge to be collected for the removal of snow or ice from a sidewalk, or for clearing the area around a fire hydrant, or for covering the sidewalk with salt, ashes, sand, or other dissolving or disintegrating material shall be at the rate of $100 plus $0.75 per linear foot for the length of the sidewalk cleared or treated by the Village on such occasion.

[Amended 10-13-2009]

Any duly appointed law enforcement officer of the Village of Ellenville, including the Building Inspector and the Code Enforcement Officer, is authorized to enforce this section of this chapter by submitting a written report thereof to the Board of Trustees within 10 days of said correction or removal of snow or ice. Said report shall describe the actions taken and shall include a compilation of all costs and expenses incurred by the Village. At the next regularly scheduled meeting of the Board of Trustees, the Board shall confirm said costs and expenses, together with the administrative fee of $100 for a first offense, $150 for a second offense, and $200 for a third offense, as an assessment against the real property involved, by duly adopted resolution. The property owner shall be given written notice by any duly appointed law enforcement officer of the Village of Ellenville of the actions taken and a compilation of all costs and expenses, including the administrative fee, at least 10 days before the aforementioned Board of Trustees meeting, wherein the property owner shall be given the opportunity to be heard regarding the charge to be imposed and to assert any objections thereto.

[Amended 10-13-2009;3-11-2013]

A notice shall be deemed sufficient if delivered to the owner or occupant in person or by certified mail to the property postal address and, if different, to the last known address of the owner appearing on the most recent tax rolls of the Village.

Upon the adoption of a resolution by the Board of Trustees, the charge shall be billed to the owner of the premises abutting the sidewalk and mailed to him by the Village Treasurer or Village Clerk within five business days following the adoption of the resolution, and if not paid in full to the Village Treasurer or Village Clerk by the tax collection date next following, a lien upon the premises abutting the sidewalk shall be collected by the Village Treasurer as an assessment upon said premises on the next real property tax statements issued by the Village Treasurer as provided by law. A copy of said resolution shall be mailed to the address of the resident involved, as said address appears upon the latest assessment roll of the Village of Ellenville.

The collection of this charge shall not preclude the Village from pursuing any other civil or criminal remedies which may be available to enforce the violation of this chapter.

§ 171-12 Civil enforcement.

Upon the failure of an owner, tenant or occupant having management or control of any property within the Village to maintain the premises in accordance with the requirements of this chapter, except for those requirements set forth in § 171-11 of this chapter for violations of snow and ice removal, and after five days' notice of said violation(s) is personally served on such owner, tenant or occupant by any duly appointed law enforcement officer of the Village of Ellenville (or within 10 days after the date of such notice in the event same is served by posting and mailing pursuant to the requirements of Subsection B(1) of § 171-4 of this chapter, or in the event said notice is returned to the Village because of inability to make delivery thereof) the Village may perform the same, and the property owner, tenant, occupant or other responsible person shall be liable to the Village for an amount equal to the actual cost of having the work performed, plus an administrative fee of $50 as compensation to the Village for supervising, administering and handling such work.

The Code Enforcement Officer, Building Inspector, and any other duly appointed law enforcement officer of the Village of Ellenville are authorized to enforce this section of this chapter by submitting a written report thereof to the Board of Trustees within 10 days of the correction or removal of any violation(s) of this chapter. Said report shall describe the actions taken and shall include a compilation of all costs and expenses incurred by the Village. At the next regularly scheduled meeting of the Board of Trustees, the Board shall confirm said costs and expenses, together with the administrative fee as an assessment against the real property involved, by duly adopted resolution. The property owner shall be given written notice of the actions taken and a compilation of all costs and expenses, including the administrative fee, at least 10 days before the aforementioned Board of Trustees meeting, wherein the property owner shall be given the opportunity to be heard regarding the charge to be imposed and to assert any objections thereto. The Board of Trustees, from time to time, shall adopt a resolution setting forth the amount of the administrative fee referred to in this chapter.

[Amended 9-14-2009 by L.L. No. 6-2009]

Upon the adoption of a resolution by the Board of Trustees, the charge shall be billed to the owner of the premises abutting the sidewalk and mailed to him by the Village Treasurer or Village Clerk within five business days following the adoption of the resolution, and, if not paid in full to the Village Treasurer or Village Clerk by the tax collection date next following, a lien upon the premises abutting the sidewalk shall be collected by the Village Treasurer as an assessment upon said premises on the next real property tax statements issued by the Village Treasurer as provided by law. A copy of said resolution shall be mailed to the address of the resident involved, as said address appears upon the latest assessment roll of the Village of Ellenville.

The collection of this charge shall not preclude the Village from pursuing any other civil or criminal remedies which may be available to enforce the violation of this chapter.

Where violations of this chapter exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the enforcement officer may issue an order citing the violation and directing such action by such municipal agency as is necessary to immediately remove or abate the hazards or danger without further notice to the property owner or person in possession being cited.

§ 171-13 Penalties for offenses.

Every person convicted of a violation of any of the provisions of this chapter shall, for the first conviction thereof, be punished by a fine of not less than $100 and not more than $500; for a second or subsequent conviction within 12 months after any previous conviction, such person shall be punished by a fine of not less than $200 and not more than $1,000 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate additional violation.