Village of Sea Cliff, NY Chapter 78 Health and Safety, Control and Elimination of Health Hazards and Dangerous Conditions

[HISTORY Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 24-1979, effective 10-15-1979. Amendments noted where applicable.]

GENERAL REFERENCES

Animals, fowl and insects — See Ch. 36.

Building construction administration — See Ch. 48.

Fences, hedges, walls and plantings — See Ch. 64.

Fire prevention — See Ch. 66.

Refuse and cesspool waste — See Ch. 71.

Littering — See Ch. 81.

Streets and sidewalks — See Ch. 110.

Abandoned vehicles — See Ch. 123.

Outside storage and repair of vehicles, trailers and boats — See Ch. 128.

§ 78-1 Short title.

This chapter shall be known and may be cited as the "Health and Safety Law of the Incorporated Village of Sea Cliff."

§ 78-2 Legislative intent.

The standards set out in this chapter have been promulgated to provide a procedure to correct property conditions which endanger the health, safety or welfare of the residents of the Village and others.

§ 78-3 General application.

A person shall be subject to penalty for violating the standards set forth in this chapter only when it is adjudicated by the Village Justice Court that the allegedly violative condition endangers the health, safety or welfare of the landowner, occupant, Village residents or general public and that the advantage to the community of correcting or removing the condition outweighs the financial obligation caused thereby upon the alleged violator.

§ 78-4 Definitions.

For the purposes of this chapter, the terms used and the usage of words shall be the same as in the Zoning Law of the Incorporated Village of Sea Cliff.[1] Other terms herein are defined and listed in § 78-12.

[1] Editor's Note: See Ch. 138, Zoning, Art. II.

§ 78-5 Safety and health hazards in outside areas.

A. Cesspools, wells or cisterns shall be securely closed or barricaded from access by the public and shall be maintained and emptied to prevent discharge of offensive or noxious odors or effluent.

B. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.

C. Retaining walls and fences which present a danger to the general public shall be restored to a safe condition.

D. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.

E. Vacant lots and open areas shall be kept free of physical hazards, infestation[1] and litter. Any trees, shrubs, plant growth or portions thereof constituting a physical or health hazard to the general public shall be treated, secured, trimmed or removed so as to eliminate the hazard. Putrescible wastes which the owner or occupant of a residence intends to reduce to compost for use on such premises may be stored on such premises by such owner or tenant as long as no noxious odors shall emanate therefrom, it is maintained free of infestation and no other nuisance shall be created thereby.

[1] Editor's Note: For regulations pertaining to the outdoor storage of vehicles, trailers and boats, including inoperative or discarded vehicles, see Ch. 128, Vehicles, Trailers and Boats; Outside Storage and Repair.

§ 78-6 Buildings and structures, including owner-occupied single-family dwellings.

A. The exterior of all such buildings and structures shall be maintained and repaired to prevent or correct dangerous or unhealthy conditions which adversely affect the general public. Such exterior portions shall include but shall not be limited to exterior floors, walls, ceilings, stairs, chimneys and roofs.

B. All such buildings and structures shall be maintained free of rodents, vermin or other pests which are detrimental to the health, safety and welfare of Village residents.

§ 78-7 Buildings and structures containing rental or commercial units.

In order to protect the health and safety of tenants and the general public in rental units and commercial buildings, all sections of such buildings and structures shall conform to the following requirements:

A. Exterior walls (including doors and windows), roofs and all areas around doors, windows, chimneys and other parts of the building and structure shall be so maintained as to keep water from entering the building and structure and to prevent undue heat loss from occupied areas.

B. Floors, walls, ceilings, stairs and fixtures and furnishings owned by the owner shall be maintained in a safe and sanitary condition.

C. Interior floors, walls, ceilings, stairs and all other interior parts of all buildings and structures and all loose, unsecured or improperly secured objects and material shall be maintained, repaired or replaced in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.

D. Foundation walls shall be maintained in good repair and shall be structurally sound.

§ 78-8 Maintenance of abandoned and vacated buildings and structures.

In addition to complying with all requirements for buildings and structures set forth in §§ 78-6 and 78-7 above, all vacated or abandoned buildings and structures, including those buildings and structures accessory to or on the same property as occupied buildings and structures, shall be maintained safe and secure. All openings in abandoned buildings and structures, and in vacated buildings and structures which present a danger to the general public, shall be completely covered with securely fastened painted, exterior-grade plywood or other method providing equal security.

§ 78-9 Responsibilities.

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 the provisions of 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. Any person in actual possession of or having charge, care or control of any property within the Village shall be deemed and taken to be the owner or owners of said 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. Notice to or service upon any such person shall be deemed and taken to be good and sufficient notice or service upon such person and upon the owner as if such person were actually the record owner or owners of such property.

C. If it shall be determined by the Village Justice that an occupant of residential property who is not the owner of the property is not responsible, individually or jointly, for the existence of one or more violations of the provisions of this chapter, the Village Justice may dismiss such violations as are against said occupant. Any such dismissal shall in no way affect the responsibility or liability of the owner or any other person causing such violation or violations.

§ 78-10 Enforcement.

A. This chapter shall be enforced by the Building Inspector of the Village or by such other persons who shall be appointed by the Board of Trustees for this purpose.

B. When the Building Inspector or such other duly appointed person, upon his own investigation, determines that a violation of this chapter exists (except as regards violations of § 78-5A, B and E, he shall cause to be served personally upon the person in actual possession of or having charge, care, control or ownership of the premises upon which the violation exists, a written notice indicating the violation and directing the removal or correction thereof within 20 days after service of such notice. In the event that such person cannot be served personally within a reasonable time or after reasonable efforts, the aforesaid written notice, modified to require removal or correction within 30 days after posting and mailing, shall be served by the posting thereof in a prominent place upon the premises and by mailing one copy thereof by certified mail, return receipt requested, and a second copy thereof by regular mail to such person at his last known address. If the violation is not removed or corrected or if a schedule of completion for an appropriate removal or correction satisfactory to the Building Inspector is not agreed upon within 20 days from the date of personal service or within 30 days from the date of posting and mailing, a summons, returnable in the Village Justice Court, shall be served upon the appropriate person. In the event that the appropriate person cannot be served personally within a reasonable time or after reasonable efforts, the summons shall be served by the posting thereof in a prominent place upon the premises and by mailing one copy thereof by certified mail, return receipt requested, and a second copy thereof by regular mail to such person at his last known address, or in such other manner as the Village Justice shall direct.

[Amended 11-21-1994 by L.L. No. 4-1994]

C. When the Building Inspector or such other duly appointed person upon his own investigation determines that a violation of § 78-5A, B and/or E exists, he shall cause to be served, personally upon the person in actual possession of or having charge, care, control or ownership of the premises upon which the violation exists, a written notice indicating the violation and directing the removal or correction thereof within 24 hours after service of such notice. In the event that such person cannot be served personally within a reasonable time or after reasonable efforts, the aforesaid written notice, modified to require removal or correction within six days after posting and mailing, shall be served by the posting thereof in a prominent place upon the premises and by mailing one copy thereof by certified mail, return receipt requested, and a second copy thereof by regular mail to such person at his last known address. If the violation is not removed or corrected or if a schedule of completion for an appropriate removal or correction satisfactory to the Building Inspector is not agreed upon within 24 hours from the date of personal service or within six days from the date of posting and mailing, a summons, returnable in the Village Justice Court, shall be served upon the appropriate person. In the event that the appropriate person cannot be served personally within a reasonable time or after reasonable efforts, the summons shall be served by the posting thereof in a prominent place upon the premises and by mailing one copy thereof by certified mail, return receipt requested, and a second copy thereof by regular mail to such person at his last known address, or in such other manner as the Village Justice shall direct.

[Added 11-21-1994 by L.L. No. 4-1994]

§ 78-11 Correction of violations and assessment of costs.

If any person adjudicated to be in violation of this chapter and who owns the subject premises shall fail to remove or correct the condition within such time as shall have been directed by the Village Justice, such work as shall be necessary to remove or correct the violation may be performed on behalf of the Board of Trustees, and the entire cost thereof, including any attorneys' fees incurred, shall be assessed by the Board of Trustees upon the real property in question. The expenses and fees so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff. This remedy shall be in addition to any penalty provided for under this Code.

§ 78-12 Definitions of specific terms.

As used in this chapter, the following terms shall have the meanings indicated:

GARBAGE

All putrescible wastes, except sewage and body waste, including waste accumulations of animal or vegetable matter, and waste that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables. "Garbage" also includes but is not limited to rubbish, offal, litter and filth. The term "garbage" shall not include recognized industrial by-products.

INFESTATION

The presence of rodents, vermin or other pests in such manner as to be detrimental to the health, safety and welfare of Village residents.

LITTER

Garbage, refuse and rubbish as herein defined and all other waste and discarded material of any kind which, if thrown or deposited as herein prohibited, tend to create a nuisance or danger to public health, safety and welfare.

REFUSE

All putrescible and nonputrescible wastes, including garbage, rubbish, ashes, newspapers, dead animals or fowl, discarded vehicles, cesspool waste and commercial, industrial and institutional wastes.

RUBBISH

Solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, discarded furniture, crockery, street cleanings and similar materials.