[HISTORY: Adopted by the Board of Trustees
of the Village of New Hyde Park 10-3-1981 by L.L. No. 6-1981. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Property Maintenance and Rehabilitation Law of the Incorporated
Village of New Hyde Park."
A.
There exist or may hereafter exist in the Village
dwellings or other structures, vacant areas or combinations of vacant
areas and structures which are or tend to be substandard because of
unsanitary or deteriorating conditions. Such factors of existence
are injurious to the public health, safety and welfare and may constitute
a nuisance.
B.
This chapter is enacted to preserve the health, safety
and welfare of the residents of the Village and to provide for means
and methods of inspecting and correcting the described injurious conditions
where they do or may hereinafter exist.
For the purpose of this chapter, unless the
context requires otherwise, the following definitions shall apply:
Any vehicle which has been cited in a written notice issued by the Building Department, the Board of Trustees or any other duty authorized agent of the Village, for a violation of the provisions of Subsection A or B of § 139-39 of this chapter, and which, for more than seven days following the date of such notice, continues to be stored, parked or otherwise maintained in violation of any order or directive to cure the offending condition or remove such vehicle as set forth in such notice.
[Added 6-15-1999 by L.L. No. 3-1999]
A subordinate building or use customarily incidental to and
located on the same lot occupied by the main building or use.
As applied to a building or structure, any change, whether
exterior or interior, whatsoever.
A room or suite of two or more rooms occupied or intended
to be occupied as the home or residence of an individual, family or
household.
Approved by the Building Inspector of the Village.
Material and construction approved by the Building Inspector
of the Village.
That space of a building that is partly below grade, which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established finished grade of the ground adjoining the
building.
An enclosed space containing one or more water closets. It
may also contain additional plumbing fixtures, such as a lavatory,
bathtub or shower or other fixtures serving similar purposes.
One who rents a room in or a portion of a private residence
for living purposes with no cooking facilities in the room or portion
rented.
A building used for business purposes, including but not
limited to shopping centers, supermarkets, retail stores, discount
houses, warehouses, manufacturing or fabrication plants, gasoline
service stations, public garages, motor vehicle repair shops or other
business uses.
That space of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average established finished grade of the ground
adjoining the building.
A required open and occupied space on the same lot and enclosed
on at least three sides by walls of a building.
Any garbage, litter, used automotive parts, construction
waste, refuse or other solid waste.
[Added 11-5-1996 by L.L. No. 7-1996]
Any building which is wholly or partly used or arranged,
designed or intended to be occupied or used for living or sleeping
by one or more human occupants.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing two dwelling units occupied exclusively
for residential purposes by families living independently of the other.
A living unit containing two or more habitable rooms with
provisions for living, cooking, eating, sanitary and sleeping facilities
arranged for the use of one family.
A way of departure from the interior of a building or structure
to the exterior at street or grade, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes and all other
elements necessary for egress or escape.
Parents, grandparents, great grandparents, children, brothers
and sisters, whether natural or adopted, living and cooking together
on the premises as a single housekeeping unit.
A building or part thereof, other than a private or private
residential garage, designed or intended and lawfully used for the
temporary storage and contemporaneous repair, servicing, alteration
or other care or maintenance of motor vehicles for a profit.
[Added 6-15-1999 by L.L. No. 3-1999]
A detached accessory building or attached part or portion
of a main building, on a nonresidentially zoned parcel of land, designed
or intended for use, or capable of use, for the sheltered parking
and temporary storage of motor vehicles of the occupants of the main
building or building group to which the garage is accessory or forms
a part, and in which no service, occupation, business or other commercial
activity is carried on or conducted.
A nonhabitable accessory building, or that nonhabitable portion
attached to and forming a part of the dwelling or multiple dwelling,
on a residentially zoned parcel of land, designed and intended for
use, or capable of use, for the sheltered parking and temporary storage
of one or more passenger automobiles and other vehicles incidental
to the residential use and occupancy of the premises.
[Added 6-15-1999 by L.L. No. 3-1999]
All putrescible animal or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
In a dwelling, those rooms occupied or capable of being occupied
by one or more persons for living, eating and/or sleeping purposes;
on the first floor of such dwelling it shall be construed to mean
all finished floor area having a clear headroom of 71/2 feet or more,
including stairwells; on the second floor, it shall be construed to
mean all finished or unfinished floor area having a clear headroom
of 71/2 feet or more for a minimum horizontal measurement of seven
feet, with sidewalls of not less than 51/2 feet in height.
[Amended 11-5-1996 by L.L. No. 7-1996]
The presence of insects, rodents, vermin or other pests.
Any vehicle, including but not limited to a motor vehicle,
a motor home, a camper or RV (recreational vehicle), an ATV (off-road
all-terrain vehicle), a boat or other watercraft, and any type or
kind of towable trailer, which is in such a noticeably wrecked, damaged,
dismantled or partially dismantled condition, or in such other observable
state of physical or mechanical deterioration or disrepair, as to
actually or apparently render such vehicle incapable of legal use
and/or safe, proper and reasonable operation upon the public streets
and highways, upon the public waterways, or upon public lands, as
the case might be.
[Amended 11-5-1996 by L.L. No. 7-1996; 6-15-1999 by L.L. No. 3-1999]
A space of 60 square feet or more in floor area, located
in a dwelling or other structure, and designed or intended or actually
so used for the preparation and cooking or warming of food.
[Amended 11-5-1996 by L.L. No. 7-1996]
A space of less than 60 square feet in floor area, located
in a dwelling or other structure, and designed and intended or actually
so used for the preparation and cooking or warming of food.
[Amended 11-5-1996 by L.L. No. 7-1996]
Also means plot, tract, premises or parcel of land, with
or without buildings or structures located thereon, as surveyed and
apportioned for sale or other purposes.
Occupancy of a building or structure in part for one use
and in part for another use not customarily accessory or incidental
to the other.
[Amended 11-5-1996 by L.L. No. 7-1996]
A structure originally manufactured as a movable living unit.
A dwelling which is designed or intended to be occupied or
is occupied as a temporary or permanent residence or home of three
or more families living independently of each other.
Rooms within a dwelling, such as bathrooms, water closet
compartments, laundries, serving and storage pantries, corridors,
cellars and similar spaces, that are not used frequently or during
extended periods.
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances, within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
The same as "lot."
A one- or two-family dwelling occupied exclusively for residence
purposes by one or two families, respectively, as defined in this
section.
Space within a building which is dedicated to or for a public
use, such as a lobby, lounge, reception hall, meeting or conference
room, recreation or lecture room, dining or banquet room, swimming
pool or other similar public gathering places.
[Amended 11-5-1996 by L.L. No. 7-1996]
All cardboard, plastic, metal or glass food containers, wastepaper,
rags, sweepings, small pieces of wood, excelsior, rubber, leather
and similar waste material that ordinarily accumulates around a home,
business or industry.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
A fully fenced and screened, open-air, off-street lot or portion of a lot lawfully used for the temporary storage of junk vehicles or other motor vehicles awaiting service or repair, in connection with and incidental to a towing business licensed under, and conforming with, the regulations of Chapter 181 of the Village Code.
[Added 6-15-1999 by L.L. No. 3-1999]
A combination of materials, other than a building, to form
a construction that is safe and stable, and includes, among other
things, stadiums, gospel and circus tents, reviewing stands, platforms,
stagings, observation towers, radio towers, sheds, storage bins, walls,
fences and display signs. The term "structure" shall be construed
as if followed by the words "or part thereof."
A person who rents a portion of a private residence with
cooking facilities therein.
Any building or part thereof situated within one or more
residential zoning districts or within 1,000 feet of any residential
zoning district, which remains unoccupied for a period of more than
90 days with either doors, windows or other openings broken, removed,
boarded or sealed up or any building under construction upon which
little or no construction work has been performed for a period of
more than 90 days.
Any motor vehicle, trailer or other vehicle which, though
neither a junk vehicle or a legally inoperable vehicle as defined
elsewhere in this section, is nonetheless continuously parked or stored
upon a lot or parcel of real property without its intervening use
and operation off the premises.
[Added 6-15-1999 by L.L. No. 3-1999]
Any motor vehicle, trailer or other vehicle required to be
periodically registered and/or inspected for lawful operation or transport
upon the public highways and which does not have affixed or attached
thereto a current and valid registration sticker, inspection sticker
or license plates, or any combination thereof, as may be legally required
by any federal, state or local law in order for such vehicle to be
lawfully used and operated upon the public streets and highways.
[Added 6-15-1999 by L.L. No. 3-1999]
Supply and removal of air to and from a space by natural
or mechanical means.
An open space on the same lot which contains a building and
located between the building line and the lot line which the particular
building line faces.
This chapter shall apply to the following premises
in the Village:
A.
Lots, plots or parcels of land which are vacant or
upon which buildings used for dwellings, mixed occupancy, commercial,
industrial or storage uses, whether occupied or vacant, are located.
B.
Residential buildings.
C.
Vacant residential, mixed occupancy, commercial, industrial
and storage buildings.
D.
Accessory structures accessory to dwellings or commercial,
industrial or vacant buildings.
It shall be within the province of the enforcing
officer to vary or modify any provisions of this chapter where the
strict enforcement of such could or would affect the family unit and
would be contrary to public policy and welfare and cause undue hardship.
Such variation or modification shall be noted in the records pertaining
to any occupancy granted such a variance when approved by the Building
Inspector.
[Added 11-1-2005 by L.L. No. 6-2005]
A.
Any portable toilet to be maintained upon a construction
site shall be maintained in the front portion of the subject lot until
such time as the foundation is capped and backfiiled. At such time,
any such portable toilet shall be maintained upon the rear portion
of the subject lot. This requirement may be varied only in the discretion
of the Board of Trustees upon good cause shown.
B.
Construction sites shall be maintained in a safe and
sanitary manner and all debris, litter and overgrowth thereon shall
be removed.
[1]
Editor's Note: Former § 139-6, Certificates
of occupancy, was repealed 11-5-1996 by L.L. No. 7-1996.
No person shall place, use or occupy within
the Village any living unit commonly known as a "mobile home" or "trailer,"
except as may be otherwise provided for in the Building Code and Building
Zone Code of the Village.[1]
All buildings, dwellings, dwelling units, multiple
dwellings, yards, courts, open areas and vacant lots which are in
violation of this chapter are hereby declared to be nuisances and
shall be abated by being corrected, made sanitary, repaired, vacated
or demolished in accordance with the orders issued pursuant to the
provisions of this chapter by the Building Inspector or by the Board
of Trustees.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall be
carried out in compliance with the following requirements:
A.
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation after due notice and hearing pursuant to §§ 139-11 through 139-15 and shall be so designated and placarded by the Building Inspector:
(1)
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public as prescribed by the provisions of this chapter.
(3)
One which, because of its general condition or location,
is unsanitary or otherwise dangerous to the health or safety of the
occupants or of the public.
B.
Any dwelling or dwelling unit condemned as unfit for
human habitation and so designated and placarded by the Building Inspector
shall be vacated within a period not to exceed 72 hours as ordered
by the Building Inspector.
C.
No dwelling or dwelling unit which has been condemned
and placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from and such placard
is removed by the Building Inspector. The Building Inspector shall
remove such placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated.
D.
No person shall deface or remove the placard from
any dwelling or dwelling unit which has been condemned as unfit for
human habitation and placarded as such. Violation of this provision
shall be punishable by a fine of no less than $250 or by imprisonment
not exceeding 100 days in the county jail, or by both such fine and
imprisonment.
A.
The Building Inspector or any other duly designated
inspector is hereby authorized and directed to make all inspections
necessary to determine whether compliance with the provisions of this
chapter exists.
B.
For the purpose of making such inspection, the Building
Inspector is hereby authorized to enter, examine and survey, at all
reasonable times, all dwellings, dwelling units and premises. The
owner or occupants of every dwelling or dwelling unit, or the person
in charge thereof, shall give the Building Inspector free access to
such dwelling or dwelling unit and its premises at all reasonable
times for the purpose of such inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the owner
thereof, or his agent or employee, access to any part of such dwelling
or dwelling unit or its 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.
[1]
Editor's Note: Former §§ 139-11
through 139-14, regarding notices of violations and hearing procedures,
were repealed 11-5-1996 by L.L. No. 7-1996.
A.
Whenever the Building Inspector finds that an emergency
exists which requires immediate action to protect the public health,
safety and welfare or finds that there are recurring violations of
any provision of this chapter, he may, without notice or hearing,
issue an order reciting the existence of such an emergency or finding
that there are recurring violations on the premises and requiring
that such action be taken as he deems necessary to meet the emergency
or prevent the recurring violations.
B.
Notwithstanding the other provisions of this chapter,
such order shall be effective immediately.
C.
Any party to whom such order is directed shall comply
therewith immediately. If such party is not available or does not
respond with sufficient promptness to meet the emergency, then the
Building Inspector shall have the power to correct the emergency,
and any expense suffered by the Village shall be borne by the party.
Buildings occupied in whole or in part as defined
in this chapter shall comply with the requirements set forth in this
chapter concerning occupancy, size, light and ventilation in order
to provide a safe and healthful environment.
[Added 11-5-1996 by L.L. No. 6-1996[1]]
A.
Unless and except as may be otherwise authorized pursuant to the provisions of Subsection D of this section, all properties located in the Residence Districts (R Zones) of the Village, as the latter are classified under Chapter 195 of the Village Code and shown on the current Official Zoning and Planning Map of the Village referenced and provided for in said chapter, shall be subject to and shall comply fully with all other provisions of this section.
B.
Number of meters.
(1)
Except as provided elsewhere in this subsection, each
parcel of property improved by a building either designed and intended
or actually so used for occupancy as a residential dwelling may have
up to, but shall have no more than, one water meter, one gas meter
and one electric meter located, installed, used or maintained anywhere
in such building or upon such parcel, whether or not the same are
currently activated or connected to any utility line(s) actually servicing
any part of the premises.
(2)
Where such parcel of property is improved by a building
certified by and registered with the Village Building Department either
as a legal conforming or legal nonconforming two-family dwelling,
it may have up to, but shall have no more than, two water meters,
two gas meters and two electric meters, one of each per dwelling unit,
located, installed, used or maintained anywhere in such building or
upon such parcel, whether or not the same are currently activated
or connected to any utility line(s) actually servicing any part of
the premises.
(3)
Where such parcel of property is improved by a building
certified by and registered with the Village Building Department either
as a legal conforming or legal nonconforming multiple dwelling, it
may have up to, but shall have no more than, one water meter, one
gas meter and one electric meter per dwelling unit, plus up to one
additional meter of each type for service to all common areas, located,
installed, used or maintained anywhere in such building or upon such
parcel, whether or not the same are currently activated or connected
to any utility line(s) actually servicing any part of the premises.
C.
Nonconforming meters. Any water, gas or electric meter
in existence upon the effective date of this section and not in compliance
with the conditions and limitations imposed by the provisions of this
section is hereby declared to be and shall be deemed a nonconforming
meter; and every such nonconforming meter shall be completely removed
from the parcel and its premises in which it is situated, and every
such parcel and its premises shall be made to fully conform with the
provisions of this section, on or before the expiration of five years
from the aforesaid date.
D.
Permits; additional meters.
(1)
No person and no utility company, whether public or
private, shall install any new or additional water, gas or electric
meter, or remove, replace or relocate any such existing meter, anywhere
in or upon the buildings or premises of any parcel of property which
is subject to the provisions of this section, unless the Superintendent
of Buildings of the Village shall have approved and issued a permit
for such work. Upon completion of such work, the owner of such parcel
shall be required to obtain a certificate of compliance with this
section from the Superintendent of Buildings.
(2)
Upon written application by the owner(s) of any parcel
of property which is subject to the provisions of this section, the
Board of Trustees may, in its sole discretion and by favorable vote
of a majority of the members of such Board, grant written consent
and approval to the Superintendent of Buildings to permit such owner(s)
to locate, install, maintain or use a greater specified number of
utility meters in or upon the affected parcel than is otherwise currently
allowed under the provisions of this section. Such consent and approval
may be granted only after a showing by the owner(s), upon clear and
convincing evidence satisfactory to such Board, that there is a critical
and compelling health, safety or other similar need for such additional
meters and that no viable and acceptable practical alternative is
currently available. In the event that the Board shall determine to
grant such relief, it may impose as a condition thereof any limitations
or requirements which it deems necessary and appropriate to safeguard
the legal character and ensure the continued lawful use and occupancy
of the affected premises in keeping with the general purposes of this
chapter and the specific regulatory objectives of this section.
[1]
Editor's Note: This local law also provided
for the repeal of former § 139-17, Occupancy and size regulations.
A.
It shall be prohibited to use for sleeping purposes
any kitchen, nonhabitable space or public space.
B.
It shall be prohibited to use any cellar space as
habitable space.
C.
Use of a single-family dwelling by more than one family
is prohibited.
D.
Use of a two-family dwelling by more than two families
is prohibited.
E.
No person shall use a mobile home, trailer or travel
trailer for business purposes in the Village or in conjunction with
such business purposes.
F.
A garage may not be used as a habitable unit unless
it meets the specifications and requirements of this Code.
G.
Temporary storage containers.
[Added 11-1-2005 by L.L. No. 7-2005]
(1)
Definition: "Storage container" means any container
intended for this purpose of storing or keeping household goods and
other personal property that is intended to be filled, refilled, or
emptied while located outdoors on a residential property, and later
removed from the property for storage off-site.
(2)
It shall be unlawful for any person, firm or corporation
to place, keep or maintain any storage container on any property improved
with a single-family dwelling without securing a permit.
(3)
Any person desiring a permit to place or maintain
a storage pod shall file an application with the Building Department.
The form for this application is to be furnished by the Department
of Buildings and shall be sworn to and filed by the applicant with
the Department of Buildings, along with an application fee of $100
for a new permit, $75 for a time extension of a permit.
(4)
A permit for a storage pod may only be granted if
there is currently a permit for improvement to a single-family dwelling
with a cost of improvement of at least $25,000.
(5)
A storage container may not be more than 120 square
feet, and no more than eight feet in height.
(6)
The storage container shall be set back from any side
yard a minimum of five feet, from the front yard by a minimum of five
feet, and also be minimum of five feet away from any structures on
the property. In granting the permit, the Building Inspector shall
consider the rights of adjacent property owners so that there shall
not be any unreasonable deprivation of light, air or a reasonable
use of adjoining property.
(7)
The Building Inspector is hereby authorized, in the
exercise of reasonable discretion, to revoke any permit issued hereunder
if, after due investigation, he deems that the holder thereof has
violated any provisions of this subsection in that the storage pod
is being maintained in an unsafe manner or is being maintained as
a nuisance. Written notice of said revocation shall be given, either
by personal service upon the person to be notified or by depositing
said notice in the United States mail in a sealed envelope, postage
prepaid, addressed to such person at the address which appears on
the records of the Building Department.
(8)
The length of time a storage container shall be permitted
to remain shall be 60 days with up to one thirty-day extension. A
further extension shall be permitted only upon good cause demonstrated
to the Board of Trustees. It shall be mandatory that the storage container
be removed at the end of the permitted period of time.
(9)
The provisions of this subsection may be varied only
upon good cause shown demonstrated to the Board of Trustees.
A.
The basement or cellar of any building shall be dry
and ventilated and shall be kept free from rubbish accumulation and
infestation.
B.
No room in any basement shall be occupied as a habitable
room unless:
(1)
The finished floor surface is not more than four feet
below the average established finished grade of the ground adjoining
said floor surface;
(2)
The ceiling is not less than four feet above the average
established finished grade of the ground adjoining said basement;
(3)
The floors and walls are waterproofed and dampproofed
in accordance with approved standards and methods of application;
and
(4)
The basement is provided with at least one exit directly
from said basement to the exterior premises of the building.
Every habitable room in a dwelling or dwelling
unit shall contain a window or windows opening directly to the outside
air, and the total area of the window or windows shall not be less
than 10% of the floor area of such rooms, provided that such window
shall not be less than 10 square feet. All window sashes shall be
glazed and provided with suitable hardware and shall be made to open
to the extent of not less than 5% of the floor area of such room.
A.
General. Heating facilities and their accompanying
chimneys, flues or stacks are to be installed in compliance with the
ordinances of the Village and are to be maintained in good order and
repair so that they are capable of safely and adequately providing
heat to enclosed spaces which are or may be normally occupied. Doors,
windows and other parts of a building shall be constructed and maintained
so as to prevent abnormal heat losses. Heating facilities utilizing
gas as a fuel shall have a shutoff valve provided at or near the source
of supply to the facility.
B.
Capability. Heating facilities shall be provided to
safely and adequately maintain heat in all habitable rooms, bathrooms,
kitchenettes, toilet rooms or compartments within the walls of a dwelling
at a temperature of at least 68° F. at a distance of three feet
and more from the exterior walls and at a level of five feet above
the floor level. The capability of such heating equipment shall be
based upon an outside temperature of 0° Fahrenheit.
C.
Room heaters. No room heater that is independent of
the heating system in the dwelling shall be used except where the
unit or appliance is first approved by the office of the Fire Marshal
of the County of Nassau.
Every dwelling shall be supplied with an approved
water heater or heaters capable of supplying a sufficient quantity
of water heated to a temperature of at least 120° F. to every
kitchen sink, lavatory, bathtub or shower located therein. Such water
heater or heaters shall be properly connected to a supply of potable
water.
The floors and walls of every building, every
dwelling unit and every rooming unit shall be kept free from dampness.
A.
Each dwelling shall be provided with a potable water
supply servicing all required plumbing fixtures, devices and appurtenances
in sufficient volume and at pressures adequate to enable them to function
satisfactorily and without undue noise under normal operating conditions.
B.
There shall be at least one kitchen sink installed
and maintained in good, clean operation in every dwelling unit.
C.
Every kitchen sink, lavatory, bathtub or shower required
by this chapter or other law or ordinance shall be supplied with both
hot and cold water properly connected to a supply of potable water.
A.
Number and location. In one-family dwellings, there
shall be at least one bathroom located within the dwelling. In two-or-more-family
dwellings, each dwelling unit shall have at least one bathroom located
within each unit.
B.
Arrangement. Bathrooms in dwelling units shall be
accessible from any sleeping room without passing through any other
sleeping room. Bathrooms within dwelling units and those in public
spaces available for the use of dwelling units shall have provisions
made for privacy.
C.
Floors. Shower stalls shall be provided with waterproof
floors and with a wall wainscot made of at least a water-resistant
material and extending to a minimum height of five feet, six inches
above the floor level. The floors of existing bathrooms shall be provided,
as a minimum, with a surface treatment which is reasonably impervious
to moisture. The floors of bathrooms in private dwellings shall be
covered, as a minimum, with a moisture-resistant material. The floors
of new bathrooms in multiple dwellings shall be waterproof; such waterproofing
shall extend six inches or more on the walls above the floors, except
at doors. Floors shall be kept in a dry, clean and sanitary condition
by the occupant.
D.
Employee facilities. Where there are five or more
employees in a multiple dwelling, separate bathroom facilities shall
be provided for them and for each sex. Said facilities shall be readily
accessible to the employees and shall not open directly into any public
kitchen or other public space used for the cooking or preparation
of food.
A.
All plumbing fixtures, water supply lines, sewer lines
and waste disposal systems and their appurtenances shall be properly
installed in accordance with the requirements of the plumbing laws,
codes and ordinances adopted by or applicable to the Village.[1] They shall be maintained in a safe, sanitary and operating
condition, free from defects, leaks and obstructions.
B.
Every occupant shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment therein. This liability on the part of the occupant shall not relieve the owner of the responsibility of remedying any defect, nor of any other liability imposed upon the owner by law, but it shall subject the occupancy to the penalty provided for in Chapter 1, § 1-20, of the Village Code upon proper proof of any willful or malicious act he has performed.
A.
General requirements. Electrical fixtures, devices,
wiring and systems in existence as of June 1, 1980, shall be maintained
in a safe working condition and in a manner which will avoid a potential
source of ignition or shock and shall be properly connected to a reasonably
adequate source of electrical power. Any old, deteriorated, unused
and/or unapproved materials and equipment shall be removed and replaced,
as may be required, with approved materials and equipment. Electrical
installations or systems in existence on or after June 1, 1980, shall
be installed in accordance with standards in force at the time of
installation, as required by Village law, code or ordinance and as
approved by the State Board of Fire Underwriters. Any alterations,
major repairs or additional installations shall comply with the requirements
of the State Board of Fire Underwriters. Fixed wiring, equipment,
fixtures and devices shall be firmly secured to the surface on which
they are mounted. Electrical wiring and equipment shall be protected
against excessive current demands by properly rated overcurrent devices
installed in approved locations. All panelboards shall be kept free
from encumbrances and shall be accessible at all times.
B.
Exceptions. The inspector of the Building Department
of the Village may request other repairs, alterations, removal of
and/or additional wiring, equipment, safety controls or methods when
he deems it necessary to assure safety to the occupants or users.
He may further modify the requirements of this section for a particular
location when, in his opinion, reasonable and adequate safety is assured
by a different but equally safe installation.
There shall be for each dwelling unit and rooming
unit a separate access either to a hallway, landing, stairway or street.
All courts, yards or other areas on the premises
of each building shall be properly graded and drained.
A.
Safe, continuous and unobstructed exits shall be provided
from the interior of the building to the exterior at street or grade
level.
B.
Exits shall be arranged, constructed and proportioned
so that occupants may escape safely from the building in case of emergency.
C.
In one- and two-family dwellings, in addition to a
primary exit from the building, there shall be provided a secondary
exit or, in lieu thereof, one or more exit openings for emergency
use.
D.
In multiple dwellings, approved exits shall be provided.
Occupants of dwelling units shall be responsible
for compliance with this chapter in regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by this chapter.
B.
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary, neat and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
D.
Keeping exits from his dwelling unit clean and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner in accordance with the provisions of
all Village laws, ordinances, codes, rules and regulations.
F.
Extermination of insects, rodents or other pests within
his dwelling unit.
G.
Maintaining of yards, lawns and courts in a clean,
sanitary and safe condition and free from infestation insofar as the
occupant occupies or controls the yards, lawns and courts or any parts
thereof.
H.
The installation and removal of required screens.
I.
Keeping his domestic animals and pets in an appropriate
manner and under control.
J.
Elimination of all prohibited uses for that part of
the premises which he occupies, controls or has accessibility thereto.
A.
Owners of premises shall be responsible for compliance
with the provisions of this chapter and shall remain responsible therefor
regardless of the fact that this chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners and operators of multiple dwellings shall be
responsible for the proper installation, maintenance, condition and
operation of service facilities and for furnishing adequate heat and
hot-water supply where they have contracted to do so.
C.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the Village as executor, administrator, trustee, committee, guardian,
operator or agent, such person shall be deemed and taken to be the
owner of such property within the true intent and meaning of this
chapter and shall be bound to comply with the provisions of this chapter
to the same extent as the record owner, and notice to any such person
or an 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 when an occupant is responsible or shares responsibility
with the owner for the existence of one or more violations of this
chapter, the occupant shall be deemed and taken to be an owner within
the true intent and meaning of this chapter.
Residential, commercial and industrial premises,
whether improved or vacant, shall be maintained in conformity with
the provisions of this chapter so as to assure the desirable character
of the property.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent the development
of stagnant ponds. Gutters, culverts, catch basins, drain inlets,
stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge.
Fences and other minor construction shall be
maintained in a safe and substantial condition. There shall be no
fence, perimeter planting or other obstruction or structure on lots
at intersections which will obstruct the view of drivers of vehicles,
and in no event shall any such fence, perimeter planting, obstruction
or other structure be higher than four feet measured from ground level,
the provisions of any other law, ordinance, rule or regulation to
the contrary notwithstanding.
Steps, walks, driveways, parking spaces and
similar paved areas shall be maintained so as to afford safe passage
under normal use and weather conditions. Any holes or other hazards
that may exist shall be filled or necessary repairs or replacement
carried out.
Yards, courts and vacant lots shall be kept
clean and free of physical hazards, rodent harborage and infestation.
They shall be maintained in a manner that will prevent dust or other
particles from being blown about the neighborhood. Open wells, cesspools
or cisterns shall be securely closed or barricaded from access to
the public.
Heavy undergrowth and accumulations of plant
growth which are noxious or detrimental to health shall be eliminated.
Any trees or portions thereof located on private property and constituting
a hazard to persons or property shall be removed.
[Amended 6-15-1999 by L.L. No. 3-1999]
A.
No person shall at any time park, store or otherwise
maintain any junk vehicle on any lot or parcel of land in the Village,
except fully within the confines of a commercial garage or storage
yard lawfully located upon such premises; provided, however, that
the foregoing provisions shall not be deemed to prohibit the temporary
parking or storage of such a vehicle in a private garage or private
residential garage while it awaits disposal or repair off the premises,
and provided further that the duration of such temporary storage is
not unreasonable and does not pose any significant or undue risk to
the health or safety of persons or property.
B.
No person shall park, store or otherwise maintain
any legally inoperable vehicle or any electively inoperable vehicle
on any lot or parcel of land in the Village for more than seven days,
except in the showrooms or upon the inventory storage lots of those
parcels lawfully being used for the sale or resale of such vehicles,
or except within the confines of a commercial garage or storage yard
or a private garage or private residential garage located on any other
parcel; provided, however, that the foregoing provisions shall not
be deemed to prohibit the temporary parking or storage of such a vehicle
in the fenced and paved open rear yard or side yards of any residential
parcel improved by a one-family or two-family dwelling, but having
no garage on its premises, for the use of its occupants, and provided
further that the duration of such temporary storage is not unreasonable
and does not at any time prevent, impede or otherwise interfere with
ingress to and egress from the legal entryways or exits of any nearby
buildings or accessory buildings, whether they be located upon the
same lot or any adjoining or neighboring parcel.
C.
Any person who shall be served with a written notice of violation for any violation of the provisions of the foregoing subsections of this section, and who does not cure or correct such violation within seven days of the date of such notice, shall be deemed to be harboring and maintaining an abandoned vehicle. For the purposes of this chapter, such act shall constitute a public nuisance and a separate violation of the provisions of § 139-8 of this chapter, for which separate and additional offense both the owner or other person in possession or control of such vehicle and/or the owner or other person in possession or control of the lot or parcel on which such vehicle is situated may be prosecuted and fined or imprisoned as elsewhere prescribed under the provisions of this chapter.
Business units, as defined in this chapter,
shall at all times be maintained in compliance with the provisions
of this chapter regulating open spaces and buildings or structures.
A.
No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time, and all
such garbage, crates, rubbish, refuse or debris shall be kept inside
the building or buildings on the premises or in an acceptable enclosure
and shall be regularly collected and removed from the premises.
B.
No shopping baskets, carts or wagons shall be left
unattended or standing in open areas and shall be regularly collected
by the occupant of such unit and removed to the interior of the building
or buildings.
C.
No mobile refrigeration unit shall be operated on
the premises after the closing of the business conducted thereon unless
such mobile refrigeration unit is electrically operated.
D.
No truck or other vehicle shall be loaded or unloaded
outside the confines of the building or buildings on the premises
before 6:00 a.m. or after the business conducted on the premises has
been closed to the public in such a manner as to cause excessive noise
or disturbance to the adjoining properties.
E.
All fences and perimeter plantings installed on the premises shall be maintained by the owner of the property. Damaged or destroyed perimeter planting or fencing shall be replaced within 10 days with planting or fencing of similar size, grade and quality. The provisions of this section are subject, nevertheless, to § 139-35 of this chapter.
F.
All business units must be conducted within the confines
of a building.
A.
All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or sealed to protect
them from deterioration or weathering.
B.
Floors, walls, ceilings, stairs, furnishings and fixtures
of buildings 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.
C.
The foundation walls of every building shall be maintained
good repair and shall be structurally sound.
D.
Exterior walls, roofs and all openings around doors,
windows, chimneys and other parts of a building shall be maintained
so as to keep water from entering the building. Materials which have
been damaged or show evidence of dry rot or other deterioration shall
be repaired or replaced and refinished in a workmanlike manner. Exterior
walls, roofs and other parts of the building shall be free from loose
and unsecured objects and materials and improperly secured objects
and materials. Such objects or materials shall be removed, repaired
or replaced.
E.
The owner of a vacated building shall take such steps
and perform such acts as may be required of him from time to time
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.
F.
Buildings and structures shall be maintained in such
a condition that they shall not become an unoccupied hazard as defined
in this chapter.
G.
If a building is boarded up or sealed, the boards
and sealing material shall be painted the same color as the building.
No circular, placard or other material shall be affixed or attached
thereto.
H.
It shall be the responsibility of every owner and
occupant of any building or structure which has been defaced with
graffiti to cause the graffiti to be removed or covered over and the
surface area restored within 10 business days of the defacement or
notification by the Village of said defacement. Such responsibility
for the removal or covering of graffiti shall lie notwithstanding
that the owner or occupant may not have created the graffiti.
[Added 12-21-1999 by L.L. No. 6-1999]
I.
GRAFFITI
For the purposes of this section, the following word(s),
term(s) and phrases shall have the meanings ascribed to them as follows:
[Added 12-21-1999 by L.L. No. 6-1999]
Any writing, painting, drawing, staining, carving, etching
or other marking, by means of chalk, paint, broad-tipped pen, aerosol
spray can or any other marking device or material, of any word, name,
lettering, inscription, figure, design or other representation on
any wall or other place on a public or private building or structure
without the consent of the owner. For the purposes of this definition,
signs authorized under this code are excluded.
A.
Grounds, buildings and structures shall be maintained
free of insects, vermin and rodent infestation. Methods used for exterminating
insects, vermin and rodents shall conform to generally accepted practice
within the County of Nassau.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall
be appropriately screened with suitable materials.
A.
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling and disposal of garbage
and refuse in accordance with the provisions of the Village law or
ordinances.
B.
In multiple dwellings, it shall be prohibited to store
or accumulate garbage or refuse in public halls and stairways.
C.
No refrigerator or other device containing compartments
which are capable of being sealed or locked may be discarded, abandoned
or stored in a place accessible to children without first removing
any locking devices or the hinges of the door or doors.
[Added 11-5-1996 by L.L. No. 7-1996]
Every person owning or having charge or control
of any building, structure or open spaces on any land or parcel of
land which has been vacant or unoccupied for more than 30 days shall
be required to:
A.
Remove all combustible waste and refuse therefrom
and lock, barricade, bar or otherwise secure all windows, doors and
other openings in all buildings or structures so as to reasonably
prevent entry by unauthorized persons; and
B.
Dispose of all garbage, litter, refuse, debris, junk
and other solid waste in or about the premises in a safe and sanitary
manner and keep and maintain such premises free and clear therefrom
and in broom-clean condition; and
C.
Exterminate or eliminate all harborages of insect
pests, rodents, vermin and other animal pests and keep and maintain
the premises free and clear therefrom.
[Added 6-17-1997 by L.L. No. 4-1997[1] ]
All hoppers and containers, whether on the street
or private property, shall be covered so that none of the contents
of such hoppers or containers may be scattered by the elements.
[Added 6-17-1997 by L.L. No. 4-1997]
A.
It shall be unlawful for any owner, lessee or occupant
of a lot or land, or any part thereof in the Village, to permit or
maintain on any such lot or land, whether the same is improved or
vacant, or on or along the sidewalk, street or alley adjacent to the
same, between the property line and the curb, or for 10 feet outside
the property line if there is no such curb, any noxious grass, noxious
weeds and other brush, briers, obstructions or rubbish amounting to
a fire, health or safety hazard.
B.
If any owner, lessee, occupant or person in control of any lot as described in Subsection A shall fail to remove any noxious grass, weeds or brush, briers, obstructions or rubbish as described in such subsection within 10 days after written notice by the Village to do so in accordance with the provisions of this chapter, the Village may itself effect such removal.
C.
For the purposes of this section, any grass, brush
or weeds on a premises in excess of eight inches in average height
above its surrounding grade shall be deemed obnoxious and shall be
immediately cut, trimmed or removed in compliance with the provisions
of this section and chapter.
[Added 6-17-1997 by L.L. No. 4-1997]
A.
Service of the written notice provided for in this
chapter may be personal but if notice cannot be made personally, such
notice shall be mailed to the property owner at his last known address
and a copy of the notice affixed to a conspicuous part of the building.
B.
In the event of a vacant lot, where the address of
the owner, lessee, occupant or person in control thereof is not known,
service of the notice may be made by affixing such notice to some
object thereon where it is likely to be seen.
C.
If the owner of land in violation of this chapter
is a nonresident, a notice to cut, trim or remove the brush, grass
or rubbish or other material which is in violation of this chapter,
mailed to such owner addressed to his last known address, shall be
sufficient service of the notice.
[Added 6-17-1997 by L.L. No. 4-1997]
The total cost of removal by the Village of
brush, grass, weeds, rubbish, etc., in accordance with the provisions
of this chapter shall be paid to the Village, failing which, the cost
plus all costs in connection with collection of such removal costs,
including any disbursements and fees, may be assessed upon the real
property on which such brush, grass, weeds, rubbish, etc., are found
and shall constitute a lien and charge on the real property on which
it is levied until paid or otherwise satisfied or discharged, which
lien shall be collected by the Village Treasurer in the manner provided
by law for the collection of delinquent taxes. A notation of such
lien shall be entered on the tax roll affecting the property involved.
[Added 6-17-1997 by L.L. No. 4-1997; amended 6-15-2010 by L.L. No.
2-2010]
A person upon whom notice has been served, pursuant
to the provisions of this chapter, to cut, trim or remove brush, grass,
rubbish, weeds or other material present upon such person's land in
violation of this chapter and who for five days after service shall
neglect or fail to comply with the provisions of such notice, shall
be deemed to have violated this chapter.
[Added 11-5-1996 by L.L. No. 7-1996; amended 11-16-1999 by L.L. No.
4-1999[1]; 11-12-2002 by L.L. No. 4-2002]
The Incorporated Village of New Hyde Park is
aware of and duly acknowledges the existence of § 20-2006
of the Village Law of the State of New York, and hereby supersedes
such section. Any person or corporation, whether as owner, lessee,
occupant, architect, building contractor or the agent or employee
of any of them, who violates or is accessory to the violation of any
provision of this chapter or any regulation made under the authority
conferred by this chapter shall, upon conviction, be guilty of a violation
pursuant to this chapter only, unless otherwise designated by law,
punishable by a fine of not more than $2,000 or imprisonment for not
more than 15 days, or both. The conviction of a second violation of
any such provision or regulation, both of which were committed within
a period of five years, shall be punishable by a fine of not more
than $5,000 or imprisonment for not more than 15 days, or both. The
conviction of a third or subsequent violation of any such provision
or regulation, all of which were committed within a period of five
years, shall be punishable by a fine of not more than $10,000 or imprisonment
for not more than 15 days, or both. Each week's continued violation
shall constitute a separate additional violation.
[1]
Editor's Note: This local law also provided
that it will take effect 12-1-1999.
