Chapter 161, PROPERTY MAINTENANCE
[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor 6-19-1997 by L.L. No. 3-1997. Amendments noted where applicable.]
Building construction -- See Ch. 90.
Solid waste -- See Ch. 179.
161-1. Legislative intent.
In order to prevent the unchecked and progressive deterioration of property and the spread thereof, it is hereby declared that all land and structures, including but not limited to that on which all dwellings, retail stores, or other business uses are situated, located in the Village of Briarcliff Manor, shall be maintained in conformity with the standards set out in this chapter so as to assure that these properties will not adversely affect the neighborhood and the community at large. It is determined that, by reason of lack of maintenance and progressive deterioration, properties have the further effect of creating detrimental conditions upon the values and maintenance of adjacent properties that, if same are not curtailed and removed, the detrimental conditions will grow and spread and will, in time, necessitate the expenditure of large
amounts of public funds to correct and eliminate same. By reason of timely regulations and restrictions as herein contained, the growth of such detrimental conditions 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. This chapter has been adopted with consideration to the character of the various zoning districts and the stability for the particular uses therein.
For the purposes of this chapter, the following terms shall have the following meanings:
COMPOST PILE -- A mixture of decaying organic matter consisting of grass clippings, leaves, and brush when placed in an area to encourage rapid conversion of the constituents into nutrient material used for fertilizing and conditioning land.
GARBAGE -- Kitchen and household refuse and table cleansings, decaying animal, fruit and vegetable matter and fallen fruit.
NUISANCE, HAZARD and LITTER -- All discarded or waste material, debris, garbage, refuse, rubbish, household appliances, furniture, machinery, automotive parts, bottles, cans, glass, waste wood, construction materials or supplies, paper, cardboard, rags, tree stumps, any other junk substance and any matter prejudicial to good health or a clean environment.
PERSON -- Any owner, lessee or occupant, or any agent, servant representative or employee of any such owner, lessee or occupant, having control of any occupied building lot or plot of land of any part thereof in the Village of Briarcliff Manor. [Added 10-18-2001 by L.L. No. 1-2001]
RECYCLABLE MATERIALS -- Newsprint; flattened cardboard; glass food and beverage containers; metal food and beverage containers; plastics: HYPE and PET (coded 1 or 2); yard waste; limbs, brush and wood; vehicular batteries; used motor oil; and tires.
RUBBISH -- Appliances, furniture; and do-it-yourself project material, e.g., siding, plaster lathe, etc., but limited to four bushels in equivalent containers.
Restrictions are imposed by setting the following standards:
A. No person shall hereafter be permitted to abandon, leave, dump, store, deposit, throw, scatter, or keep any nuisance, hazard or litter upon any public place or on any privately owned property within the Village, and said property shall be kept free and clean of the same.
B. Fences and retaining walls shall be maintained in good repair and condition by the person responsible for the property. Such maintenance shall include but not be limited to the replacement, repair or removal of fences which may become hazardous, dangerous or otherwise unsightly as initially determined by the Building Inspector and ultimately determined by a court of competent jurisdiction.
C. 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 or other privately owned drainage systems shall be kept free and clear of debris, growth or any other blockage which may impede proper drainage. Such drainage facilities shall be installed and maintained in such a manner as to avoid, to the greatest extent practicable, significant runoff onto neighboring property, except that this requirement shall not apply to any drainage facilities and/or resultant flow of water, existing prior to the effective date of this chapter. [Amended 10-18-2001 by L.L. No. 1-2001]
D. No person shall permit or maintain on any lot or plot of land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or the middle of the alley or for 15 feet outside of such property line, if there is no curb, any growth of weeds, grass or other rank vegetation to a height greater than 10 inches on the average or any accumulation of dead grass, weeds or brush, hedges, tree limbs or other rank growth which may be harmful, poisonous or detrimental to health or safety. [Amended 10-18-2001 by L.L. No. 1-2001]
E. No person shall cause, suffer or allow poison ivy, ragweed, other poisonous plants or plants detrimental to health to grow on any such lot or plot of land in any such manner that any part of such ivy, ragweed or other poisonous weed shall extend upon, overhang or border any public place. [Added 10-18-2001 by L.L. No. 1-2001]
A. Garbage in watertight covered containers placed in such manner and at such times designated by the Village so as to facilitate collection by the Village or its contractor.
B. Rubbish when placed at curbside on regular garbage pickup days (no sooner than 5:00 p.m. on the day prior nor later than 6:00 a.m. on such pickup day).
C. Recyclable materials when placed at curbside on an assigned day based upon street address as scheduled by the Village (no sooner than 5:00 p.m. on the day prior nor later than 6:00 a.m. on the assigned day).
D. Bulk metals and tires when placed at curbside for pickup by appointment only.
E. Compost pile located in the rear yard, of reasonably defined size, and maintained in such manner not to produce offensive odors or visual impact at the street line.
F. Temporary outside storage of construction materials for not more than a total of 30 days in any twelve-month period. Such storage, for construction of any permitted use, shall be located as inconspicuously as possible to minimize visual impact at the street line. Outside storage of construction materials shall be extended to include any period during which a validly-issued building permit exists.
G. Firewood which is cut and stacked in a manner which differentiates it from the definitions designation as nuisance, hazard and litter.
H. Leaves placed at curbside in accordance with a Fall schedule provided by the Village for pickup by vacuum trucks. These leaves shall be placed on the right-of-way and not on the road surface.
I. On parcels where raising of farm crops and livestock is permitted as an accessory use, the restriction in § 161-3D shall not apply.
161-5. Penalties for offenses.
Any person or property owner violating any provision of this chapter shall upon conviction be punished by a fine of not more than $250. Each day that a violation shall continue shall constitute a separate offense.
This chapter shall be enforced by the Building Inspector of the Village of Briarcliff Manor who shall issue a notice of violation ordering correction of all conditions found to exist in or on any premises which violate the provisions of this chapter.
161-7. Service of notice of violation.
A. A notice of violation issued by the Building Inspector relative to a premises shall be served either personally upon the person or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed at such person's last known address as listed in the Village tax rolls.
B. If the person upon whom the notice is served fails, neglects or refuses to remedy any said violation within five days after receipt of such notice, or if no person can be found in the Village of Briarcliff Manor who either represents or claims to represent such person, the Building Inspector may cause the correction of such violation, and the actual cost in connection therewith shall be certified by the Building Inspector as to the property on which such violation was located and shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes. [Amended 10-18-2001 by L.L. No. 1-2001]
Ordinance No. 89, adopted on January 26, 1955, and Ordinance No. 169, adopted on June 4, 1970, are hereby repealed.