[HISTORY: Adopted by the Board of Trustees of the Village of Spring
Valley 1-18-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, hedges, weeds and trees — See Ch. 79.
Building construction and fire prevention — See Ch. 82.
Numbering of buildings and lots — See Ch. 85.
Unsafe buildings — See Ch. 89.
Electrical standards — See Ch. 112.
Housing standards — See Ch. 147.
Plumbing — See Ch. 185.
Abandonment of property — See Ch. 190.
Property maintenance — See Ch. 192.
Solid waste — See Ch. 226.
The provisions of this chapter are intended to apply to all locations
upon and/or in which business or commercial activity is conducted of any nature
and type.
It is the purpose of this chapter to assist in the continued revitalization
of areas throughout the Village to attract new businesses, promote the public
interest in continued development, ensure regular maintenance and improvements
to present structures, safeguard against blight and preserve property values
and community standards, and to establish minimum maintenance standards to
safeguard life, limb, health, safety, property and the public welfare in the
best interest of the residents of the Village of Spring Valley.
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 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 amounts of public funds
to correct and eliminate the same. By reason of timely regulations and restrictions,
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.
In addition to the definitions specifically enumerated hereunder, all
other definitions contained in any and all chapters of the Code are incorporated
by reference herein.
The term applied to a building, structure or use which is clearly
incidental or subordinate to and customarily in connection with the principal
building, structure or use and which is located on the same lot with the principal
building, structure or use. Any accessory building or structure attached to
a principal building or structure is deemed to be part of such principal building
or structure in applying the bulk requirements to such building or structure.
No use shall be considered "accessory" where such use requires a greater area
of a lot or larger setbacks or yards or for which greater restrictions than
for the principal use on the lot are imposed by this chapter.
Any structure or extension thereof or addition thereto having a roof
supported by such things as columns, posts, press or walls and intended for
the shelter, business, housing or enclosing of persons, animals or property.
Depending upon its applicability, the use herein of "building" shall include
the term "structure."
The Village Building Inspector, his deputy, Assistant Deputy Inspectors,
Code Inspectors, and Fire Inspectors.
The condition or appearance of a building or any holes, breaks, rot,
crumbling, cracking.
Those portions of a building that are exposed to public view and
the open space of any premises outside of any building erected thereon.
Fully operable for the use intended.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
Any person who has charge, care or control of a building or part
thereof.
Includes any person having individual or joint title to real property
in any form defined by the laws as an estate or interest therein, whether
legal or equitable and however acquired.
Includes an individual, a partnership, a joint venture, a corporation,
an association and any other organization recognized as an entity by the laws
of the State of New York.
A building, dwelling and/or grounds.
Land and whatever is erected on, growing on, placed on or affixed
thereto.
All discarded materials, including but not limited to cardboard,
plastic, glass, metal, wastepaper, rags, sweeping and other waste.
A combination of materials constructed, assembled or erected on,
above or below the ground or attached to something having location on, above
or below the ground, including but not limited to buildings, fences, tanks,
towers and swimming pools.
The Village of Spring Valley.
A.
This chapter establishes certain minimum standards for
the initial and continued occupancy and use of all structures, and does not
replace or modify standards otherwise established for the construction, repair,
alteration or use of the structure, the premises or the equipment or facilities
contained therein, as are required by the New York State Uniform Fire Prevention
and Building Code.
B.
In any case where a provision is found to be in conflict
with any applicable zoning, building, plumbing, electrical, heating, ventilation,
fire or safety code of the Village of Spring Valley, County of Rockland, State
of New York or United States of America, the provision that establishes the
higher standard, as determined by the Enforcement Officer, shall prevail.
A.
Foundations, facades, steps and walls shall be in good
condition.
B.
Vent attachments shall be safe, durable, smoketight and
capable of withstanding the action of flue gases.
C.
Exterior balconies, porches, landings, stairs and fire
escapes shall be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
D.
All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs that have become excessively
weathered, those upon which the paint has excessively peeled or those whose
supports have deteriorated so that they no longer meet the structural requirements
of the New York State Uniform Fire Prevention and Building Code shall, with
their supports, be removed or put into a good state of repair. All inoperative
or broken electrical signs shall be repaired or shall, with their supports,
be removed. Signs denoting a business which is no longer on the premises shall
be removed within 30 days of the date on which the business ceases to occupy
the premises.
E.
All storefronts and walls exposed to public view shall
be kept in a good state of repair. Storefronts or any portion of the structure
shall not show evidence of excessive weathering or deterioration of any nature.
Unoccupied storefronts shall be maintained in a clean and neat appearance.
F.
Any awnings or marquees and accompanying structural members
shall be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or of a similar material and are exposed
to public view, such material shall not show evidence of excessive weathering,
discoloration, ripping, tearing, holes or other deterioration. Nothing herein
shall be construed to authorize any encroachment on streets, sidewalks or
other parts of the public domain.
G.
All vacant buildings shall be continuously guarded or
sealed and kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Enforcement
Officer as to color, design and building material. 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.
H.
Exterior walls, including doors and windows and the areas
around doors, windows, chimneys and other parts of the building, shall be
so maintained 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.
I.
All exposed exterior surfaces shall be maintained free
of broken shingles or loose or crumbling stones. Exterior surfaces that have
been painted or otherwise coated must be maintained in a neat, orderly, serviceable
manner. Floors, walls, ceilings, stairs and fixtures of buildings shall be
maintained in a clean, safe, 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.
J.
Roof drains, overflow pipes, air-conditioning drains
and any other device used to channel water off or out of a building shall
be maintained in a safe and operable condition and shall not drain onto a
public sidewalk, walkway, street, alleyway or adjoining property.
K.
Lawns shall be cut, and bushes, shrubs and hedges shall
be trimmed regularly during the growing season so as to avoid an unsightly
appearance.
L.
Surface or 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 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.
M.
Fences and other minor construction shall be maintained
in a safe and substantial condition.
N.
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
and necessary repairs or replacement carried out in compliance with applicable
code requirements.
O.
Yards and vacant lots shall be kept clean and free of
physical hazards and 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 by the public. All temporary excavations shall be
kept covered or barricaded so as to protect the general public from injury.
P.
All land must be kept free of dead or dying trees and
accumulations of brush, shrubs, weeds, grass, stumps, roots, excessive and/or
noxious growths, garbage, refuse or debris which would either tend to start
a fire or increase the intensity of a fire already started or cause poisoning
or irritation to people or animals or cause or tend to cause or enhance an
unhealthy or dangerous or obnoxious condition on said property or on any adjacent
or neighboring property.
Q.
Grounds, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation. Methods used
for exterminating insects, vermin and rodents shall conform to generally accepted
practice.
R.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall be closed
or appropriately screened with wire mesh or other suitable materials.
S.
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 applicable codes. 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 rodent- and insect-proof and
watertight and must be kept covered at all times. Such containers may not
be placed on the sidewalk or street for collection more than four hours before
the next scheduled trash collection date.
T.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing any locking
or latching device and all doors.
U.
It shall be an offense for any person to abandon, leave,
dump, store or keep any nuisance, hazard, litter, debris or matter attractive
to vermin upon any public street or public place.
V.
Every owner, tenant or occupant of any business premises
or building, every owner or person entitled to possession of any vacant lot,
and every person having charge of any building in the Village shall be responsible
to immediately remove any nuisance, hazard, debris or litter from the sidewalk
adjoining the property and for a distance of two feet into the street.
W.
If there is no sidewalk, the distance they are responsible
to care for shall be measured from the end of the property to two feet into
the street.
X.
No materials or stock-in-trade, garments, shoes or other
wares may be stored or displayed in a front or exterior or interior side yard
except for motor vehicles for sale at a permitted motor vehicle sales establishment.
No soft drink or other vending machines, ice machines or the like may be placed
in front of a building on a public sidewalk. Specifically excluded herefrom
are chairs and tables used in connection with a sidewalk cafe or restaurant,
provided that there shall be sufficient sidewalk passage for pedestrians.
Materials may be stored in a rear yard, provided that a storage area therein
is completely enclosed within a six-foot-high solid fence or evergreen hedge
of equivalent height, and that the storage area does not infringe on or obstruct
vehicle parking or maneuvering areas.
Y.
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 except when placed out for collection.
Z.
No shopping baskets, carts or wagons shall be left unattended
or standing in open areas, and the same shall be collected at the close of
business each day by the occupant of such unit and moved to the interior of
the building or buildings.
AA.
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, except in an industrial zone.
BB.
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance shall include
but not be limited to the replacement of trees and shrubs which may die and/or
otherwise be destroyed, the maintenance and cutting of lawns and the replacement
and/or repair of fences which may become in disrepair.
CC.
Persons owning or occupying property shall keep all walkways,
public or private, abutting said premises free from litter and trash of whatever
nature.
An occupant of premises shall be responsible for compliance with this
chapter in regard to the following:
A.
Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
B.
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.
C.
Keeping exits from the building or occupant's portion
thereof clear and unobstructed.
D.
Disposal of garbage and refuse into appropriate facilities
in a clean and sanitary manner, in accordance with any applicable provisions
of the Village Code.
E.
Extermination of insects, rodents or other pests within
the premises.
F.
Maintenance of yards, lawns and courts in a clean, sanitary
condition and free from infestation by rodents.
A.
Responsibilities.
(1)
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.
(2)
Owners and operators of buildings 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.
B.
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, guardian, operator or agent, such persons shall be
deemed and taken to be the owner or owners of said property within the intent
and meaning of this chapter and shall comply with the provisions of this chapter
to the same extent as the record owner; and notice to any such person of any
order or decision of the Enforcement Officer shall be deemed and taken to
be good and sufficient notice; as if such person or persons were actually
the record owner or owners of such property. In instances where an occupant
is responsible or shares responsibility with the owner for the existence of
one or more violations of this chapter, said occupant shall be deemed and
taken to be an owner within the intent and meaning of this chapter.
A.
For purposes of enforcement of this chapter, if work
is being done on the property, either the prime or general contractor or the
owner shall be held responsible.
B.
Materials may be stored in any area of the property upon
which construction is being carried on, provided that the method of storage
and the materials stored are in compliance with the requirements of this chapter.
In no event shall such storage be permitted for a period exceeding one year.
C.
Drainage crossing the property being developed must be
maintained during the period of development, and no materials may be stored,
land disturbed or other work done to interfere with existing drainage.
D.
The person responsible as herein shall take all necessary
and reasonable steps to ensure that there will not be an unusual or unwarranted
amount of dust and debris blown onto or across neighboring or nearby properties.
E.
Construction roads must be oiled or kept wet or properly
treated to decrease the spread of dust and mud.
F.
Temporary electrical service must be through electric
lines that are weather- and waterproof; such lines must not cross public walkways
or highways on the ground, nor shall they be placed on the ground in areas
subject to construction equipment traffic.
G.
Grounds and buildings must be kept free of debris such
as broken glass, boards with fastenings protruding and other articles making
travel around the job site dangerous and unsafe.
A.
Enforcement of provisions.
(1)
Enforcement agency designated. The Building Department
of the Village is hereby authorized and empowered to administer and secure
compliance with this chapter.
(2)
Assistants and inspectors. The Building Inspector shall
have such assistants and inspectors as may be authorized by the Board of Trustees
to carry out and to secure compliance with this chapter.
B.
Inspection of premises.
(1)
Right of entry. The Building Inspector and inspectors
and assistants of the Building Department are hereby authorized and shall
have the right in the performance of their duties to enter any premises during
normal business hours and in emergencies whenever necessary to protect the
public interest.
(2)
Duty of owner and occupant. Owners, agents, operators
and occupants shall be responsible for providing access to all parts of the
premises within their control to authorized inspectors acting in the performance
of their duties.
C.
Notice to remedy conditions.
(1)
Issuing authority. A Code Inspector shall have the right
to order, in writing, by a notice to remedy, the correcting of any conditions
found to exist in or on any premises or on such lot upon which such premises
are situate, in violation of the provision of this chapter.
(2)
Time within which conditions must be remedied; service
of notice. Such notice to remedy shall provide for a five-day period for compliance
therewith. It shall be sufficient service to such notice if such notice is
personally served upon the owner, agent, person in control of the premises
and/or tenant or is posted in a conspicuous place upon the premises affected
and a copy thereof mailed to the owner, person in control of the premises
and/or agent of said premises.
D.
Summons for prosecution of violation. Upon the determination
of a Code Inspector that a violation of any of the provisions of this chapter
exists with respect to such premises, said Code Inspector is authorized, empowered
and permitted to issue or cause to be issued a summons, returnable in the
Village Justice Court or any other court of competent jurisdiction, for the
prosecution of said violation, after the expiration of the required period
for compliance. If a Code Inspector determines that an emergency exists requiring
compliance within a shorter period of time, he shall specify said period for
compliance in the notice to remedy, after which time he may issue or cause
to be issued a summons for the prosecution of the violation as set forth herein.
E.
Abatement of nuisances.
(1)
Definition. The term "nuisance" shall be held to embrace
whatever is dangerous to human life or detrimental to health and shall include,
but not be limited to:
(a)
A public nuisance as known at common law, statutory law
and in equity jurisprudence.
(b)
A premises that, in violation of this chapter or of any
state or local law or regulation, does not have adequate egress, safeguards
against fire, adequate electrical service, installation and wiring, structural
support, ventilation, plumbing, sewerage or drainage facilities, is inadequately
cleaned or lighted and the condition constituting such violation is dangerous
to human life or detrimental to health.
(c)
Any condition in and about land used for business or commercial
purposes which is dangerous to human life, detrimental to the health of nearby
residents or passersby or which substantially interferes with the reasonable
use or enjoyment by the owners or occupants of premises located within 200
feet of the boundary lines of the offending landowner or occupant.
[Added 1-13-2004 by L.L. No. 2-2004]
(2)
Nuisances declared unlawful. All nuisances enumerated in Subsection E(1) of this section are hereby declared unlawful.
(3)
Notice; order to remove. Whenever the Building Department
shall declare that a dwelling or a condition in and about land used for business
or commercial purposes is a nuisance, it shall serve a notice or order reciting
the facts constituting such nuisance, specifying in what respect the dwelling
or the land used for business or commercial purposes is dangerous to human
life, detrimental to health or which substantially interferes with the reasonable
use or enjoyment by the owners or occupants of premises located within 200
feet of the boundary lines of the offending landowner or occupant and requiring
the owner to remove such nuisance within five days after such service of such
notice or such lesser period of time if an emergency exists as determined
by the Department Head. Such notice or order shall provide that, if the owner
fails to remove such nuisance within such period for compliance so prescribed,
the Building Department may remove or cause the removal of such nuisance by
cleansing, repairing, vacating, demolishing or by taking such other corrective
action deemed necessary and shall notify the owner of his right to a hearing
as hereinafter provided.
[Amended 1-13-2004 by L.L. No. 2-2004]
(4)
Owner's right to hearing. Whenever a notice is given as provided in Subsection E(3) of this section, the owner may request a hearing before the Board of Trustees, and a hearing shall be given such owner prior to the expiration of the period for compliance so prescribed.
(5)
Failure of owner to remove; removal by Village. If such
nuisance is not removed by the owner within the time prescribed after service
of such notice or order, the Building Department may proceed with the removal
of such nuisance as provided in the notice or order.
(6)
Refusal of owner to permit removal by Village; proceeding
to vacate or demolish. If the owner refuses to permit the Building Department
to remove or cause the removal of such nuisance by cleansing, repairing, vacating,
demolishing or by taking such other corrective action as may be necessary
or interferes in any way with the Department or causes delay to the taking
of corrective action, the Department may cause such business or commercial
premises. in whole or in part. to be vacated and demolished, but, in such
case, the Department shall commence a special proceeding in the Supreme Court
for such relief. During the pendency of such proceeding, the Department may
obtain a temporary order for the immediate vacating of such business or commercial
premises upon proof of a present danger to human life or detriment to health.
In addition to the owner, all tenants, mortgagees and lienors of record shall
be necessary parties to such special proceeding.
[Amended 1-13-2004 by L.L. No. 2-2004]
(7)
Contracts for removal of nuisance. If the Building Department
proceeds to execute a notice or order issued by it or by the court for the
removal of a nuisance, the Department may let contracts therefor, in accordance
with the provisions of any local laws, rules and regulations of the Village
applicable to the letting of contracts, for municipal improvements. The cost
of executing such notice or order or orders, whether or not carried out pursuant
to court order, shall be met from any appropriation made therefor or, if such
appropriation has not been made or is insufficient, from the proceeds of the
sale of obligations pursuant to the Local Finance Law. The Department shall
keep a record of such notices and orders, together with the acts done and
the items of cost incurred in their execution.
(8)
The Village shall have a lien upon the business or commercial
premises for the cost of executing such notice or order or orders for the
removal of a nuisance and shall file a notice of such lien in the office of
the Clerk where notice of mechanics’ liens are filed; and all proceedings
with respect to such lien, its enforcement and discharge shall be carried
on in the same manner as proceedings with respect to mechanics’ liens
under the Lien Law.
[Amended 1-13-2004 by L.L. No. 2-2004]
(9)
Action to recover costs. Notwithstanding
the foregoing provisions and in addition to any other remedy available, the
Building Department may maintain an action against the owner to recover the
cost of executing such notice or order or orders.
Any owner, agent, occupant or lessee who shall violate any provision
of this chapter shall be guilty of a violation punishable by a fine not to
exceed $5,000 or imprisonment for a period not exceeding 15 days, or both.
Violations of the New York State Uniform Fire Prevention and Building Code
provisions shall be punishable by a fine not to exceed $1,000 or imprisonment
not exceeding one year, or both. The continuance of such offense against the
provisions of this chapter shall constitute, for each and every day or part
thereof the same is continued, a separate and distinct violation hereunder.
