[HISTORY: Adopted by the Board of Trustees of the Village of Wappingers Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-14-2009 by L.L. No. 9-2009]
The purpose of this article is to set and establish a minimum standard governing the maintenance, appearance and condition of premises situated in the Village of Wappingers Falls.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
- The holder or holders of the title to premises in fee simple.
- An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.
- The property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.
- An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material.
- WINDOW DISPLAY AREA
- That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.
The exterior of every building or accessory structure shall be maintained free of broken windows. All windows exposed to public view shall be kept clean. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view, unless such areas are first screened by drapes, venetian blinds or other means of making the windows translucent. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
The service of orders for the correction of violations of this article shall be made upon the owner, occupant or other persons responsible for the conditions, either by delivering a copy of the same to such person, or by delivering the same to and leaving it with any person in charge of the premises, or by sending it by mail to the owner, occupant or operator.
Any person not correcting a violation of this article within 15 days of service of an order directing such correction shall be guilty of a violation punishable by a fine not to exceed $1,000 or imprisonment not to exceed 15 days.
[Adopted 8-10-2011 by L.L. No. 9-2011]
It is hereby declared to be the policy of the Village of Wappingers Falls to provide for the proper use of land to prevent unhealthy, hazardous or dangerous conditions due to the accumulation of brush, grass, weeds, shrubs or trees and to protect the public health, safety and general welfare of the residents of this Village.
By this article, the Village of Wappingers Falls seeks to remove such dangers to health, life and property by requiring owners of the land to cut, trim or remove brush, grass, weeds, shrubs or trees and, upon default, causing the same to be done and assessing the cost against the real properties upon which the brush, grass, weeds, shrubs or trees are found.
Every owner, tenant, occupant and leaseholder shall keep all trees, shrubs and plants on its, his or her land property, whether occupied or unoccupied, or on the area between the property line of an adjacent public highway or sidewalk and the pavement edge of the road, so trimmed and in such condition as not to interfere with or obstruct the vision (at an intersection or otherwise) or any way endanger the safety of persons using any public street, sidewalk or other public place. Without limiting the generality of the foregoing, any tree limb overhanging a public sidewalk shall be at least eight feet above any part thereof and any tree limb overhanging a public street shall be at least 13 feet above any part thereof.
Every owner, tenant, occupant and leaseholder shall not permit the growth of grass or weeds or other obnoxious growth to a height on an average of more than eight inches on any part of said property, whether occupied or unoccupied, or on the area between the property line of an adjacent public highway or sidewalk and the pavement edge of the road.
Whenever, in the opinion of the Building and Zoning Department of the Village of Wappingers Falls, the trimming or removal of brush, grass, weeds, shrubs or trees located on private property or between the sidewalk line and the curb line in front of any abutting property shall be deemed necessary in the interest of public health or safety, or by the terms of the statute, the Building and Zoning Department shall notify, in writing, the owner or occupant of the property or the abutting property, as the case may be, upon which the brush, grass, weeds, shrubs or trees stand, to so trim, or remove said brush, grass, weeds, shrubs or trees within 20 days from the date of such notice, and in the event of noncompliance with such notice and order, the Village of Wappingers Falls may cause said brush, grass, weeds, shrubs or trees to be trimmed or removed, and the cost thereof shall be an assessment against said property or abutting property thereby becoming a lien upon the property or abutting property, and the total amount thereof shall be added to and become part of the next annual assessment role and be collected in the same manner and at the same time as the Village tax levy.
Notice shall be served upon such owner, tenant, occupant and leaseholder as the case may be by certified mail, addressed to its, his or her last known address, or by posting of said notice on the premises and mailing a copy of said notice by regular mail to the owner at the address or addresses as recorded in the Tax Assessor's office as of the date of posting.
Service of notice upon any owner of land, or the designated person to receive process as provided by law, shall suffice for the purpose of this section.
Any person, firm or corporation who or which violates any of the provisions of this article shall be guilty of a violation, punishable by a fine of not less than $100 nor more than $250 or imprisonment for a period not to exceed 15 days, or both. Each day that a violation exists shall be a separate offense.