Purpose and Definitions

Sec. 137-1. Title; Legislative Intent.

Sec. 137-2. Definitions.

Violations and Inspections

Sec. 137-3. Conditions constituting violations.

Sec. 137-4 Inspections by Building Inspector.

Sec. 137-5 Notice of violation; Failure of owner to correct violation.

Sec. 137-6. Assessment of costs of removal by Village; Lien.

Administration and Enforcement

Sec. 137-7. Enforcement Officer; Appearance Tickets; Notice.

Sec. 137-8. Enforcement procedure.

Sec. 137-9. Emergency conditions.

Sec. 137-10. Proper securing of waste.

Sec. 137-11. Failure to comply with notice.

Sec. 137-12. Action by Village; Indemnification.

Sec. 137-13. Abatement of condition by Village; Liens. (Deleted)

Sec. 137-14. Duty of owner to maintain property.

Sec. 137-15. Village costs to be paid by owner.

Sec. 137-16. Penalties for offenses; Administrative Proceeding.

Sec. 137-17. Injunction.

Purpose and Definitions

A. Title. This Chapter shall be known as the "Property Maintenance Code of the Village of Buchanan," and will be referred to herein as "this Chapter" or "this Code".

B. Intent. It is the intent of the Village of Buchanan to permit the Village to take remedial action regarding unsightly and dangerous conditions of lands and the structures thereon. The Board of Trustees of the Village of Buchanan finds that the deterioration and unkempt conditions of certain lands and structures within the Village of Buchanan become unsightly and a detriment to the adjoining buildings, properties and neighborhoods and constitute a nuisance. Such nuisances interfere with the promotion of good order, peace, health, safety and welfare of residents of the Village and invite vandalism and necessitate additional police protection for the security of said property, property owners and other residents of the Village of Buchanan. Further, it is found and declared that by reason of lack of maintenance and progressive deterioration, certain properties and structures have the further effect of creating blighting conditions which, if allowed to go unabated, will lead to reduced property values and harm to the community as a whole, and this Chapter and regulations will curtail such adverse impacts and will prevent the development of blighted areas, thereby enhancing the desirability and amenity value of properties in the Village. Additionally, the Board of Trustees of the Village of Buchanan finds that the improper grading of property, change of terrain and drainage and careless maintenance, except under certain conditions, is detrimental to the health, safety and welfare of its residents, causes unsightly and dangerous conditions, and is destructive of property and creates a nuisance.

C. Scope. The provisions of this Code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; and contain provisions for the administration, enforcement and penalties associated with this Property Maintenance Code.

D. Purpose. This Code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued ownership, occupancy and maintenance of lands, structures and buildings.

E. Severability. If a section, subsection, sentence, clause or phrase of this Code, for any reason, is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.

F. Maintenance. Lands, structures and buildings shall be maintained in good condition. Except as otherwise specified herein, the owner or the resident shall be responsible for the maintenance of their lands, structures and buildings.

G. Other Laws and Regulations. The provisions of this Code shall not be deemed to nullify or exclude the application of any other applicable provisions of local, state or federal laws and regulations.

A. Definitions: For the purpose of this Code, the terms used herein are defined as follows:

APPROVED - Acceptable to the Code Enforcement Officer.

CODE ENFORCEMENT OFFICER - The Village Building Inspector or any other official who is charged with the administration of this Code, or any such duly authorized officer of the Village Board.

EXTERIOR PROPERTY - The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION - The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by spraying, fumigating, trapping or by any other approved pest elimination methods.

GARBAGE - The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

INFESTATION - The presence, within or contiguous to a structure or premises of insects, rats, vermin or other pests.

LANDS - Any vacant or improved lot, piece or parcel of real property abutting upon any sidewalk, highway or public place, or any private property within the Village of Buchanan.

OCCUPANCY - The purpose for which a building or portion thereof is utilized or inhabited.

OCCUPANT - Any individual living or sleeping in a building, or having possession of a space within a building.

OPERATOR - Any person who has charge, care or control of a parcel of land, structure, or building which is let or offered for use or occupancy.

OWNER - The person or other legal entity in whom title for the particular lands or premises in the Village of Buchanan is vested. The Village of Buchanan shall be permitted to rely upon the name of the person or entity appearing on the latest assessment roll of the Village of Buchanan as evidence of ownership.

PERSON - Any individual, corporation, partnership or any other group acting as a unit.

PREMISES - A lot, piece or parcel of land including any structures thereon.

RESIDENT - The occupant, tenant, person in possession, corporation, or other legal entity, owner or the agents, servants and employees of any of the foregoing, physically occupying any lands in the Village of Buchanan.

RUBBISH - Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials; this term shall also include discarded, abandoned or stored appliances or equipment.

STRUCTURE - That which is built or constructed on any land, or a portion thereof.

TENANT - A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

WORKMANLIKE - Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

YARD - An open space on the same lot or lots with a structure.

B. Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the Building Code of New York State, the Fire Code of New York State, the Plumbing Code of New York State and the Mechanical Code of New York State, such terms shall have the meanings ascribed to them as in those codes.

C. Terms Not Defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context of this Code implies.

Violations and Inspections

It shall be a violation of this Chapter for any person or entity in the Village of Buchanan or any owner of lands located with the Village of Buchanan to create, cause, maintain or permit to continue any of the following conditions:

A. Buildings and Structures. Buildings and structures on lands owned by an owner or occupied by a resident as herein defined, along with the signs appurtenant thereto, where the exterior exposed surfaces of said buildings and structures (including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences) are not inherently resistant to deterioration and said exposed surfaces have not been maintained, repaired, coated, treated or sealed with a protective coating of paint or other suitable preservative treatment to prevent said exterior exposed surfaces from becoming unsightly due to deterioration and weathering of said surfaces. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.

B. Filth and Junk. The accumulation of any filth, dirt, ashes, junk, garbage, wastewater, raw sewage, sewage, wastepaper, dust, rubbish, sticks, stones, wood (including log piles exposed to the weather and elements), leaves, paper or paper boxes, iron, tin, nails, bottles or glass of any kind, old cars and parts thereof, discarded appliances, such as refrigerators and the like, upon lands owned by said owner or occupied by said resident.

C. Grass, Leaves, Hedges, Bushes and Trees. Lands upon which grass, leaves, hedges, bushes and/or trees have become untrimmed and overgrown and unsightly when said grass, leaves, hedges, bushes and/or trees are exposed to public view or become a health and/or safety hazard to members of the public.

D. Terrain, Grading and Drainage. Any hazardous condition or terrain, grading or drainage, as regulated by Chapter 159, Soil Disturbances and Excavations, or construction, in or upon property owned, or occupied or used by said owner or resident, wherein said hazardous condition shall constitute a menace to the property, lines, mains, street, sidewalks, equipment, structures or buildings owned by the Village or by adjoining property owners.

E. Vacant Structures and Lands. All vacant structures and premises thereof or vacant land, shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

F. Exterior Property. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

G. Grading and Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon, with the exception of approved detention or retention areas and reservoirs.

H. Sidewalks and Driveways. Deleted.

I. Weeds. All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 6 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

J. Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found by a municipal agency or Health Department, Building Inspector, Code Enforcement Officer or licensed pest control expert or service, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.

K. Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant, except as previously approved by the Village.

L. Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

M. Swimming Pools. Swimming pools shall be maintained in a clean, safe and sanitary condition, and in good repair, free from health or safety problems.

N. Motor Vehicles. Except as provided for in other codes, statutes or other regulations, two (2) or more inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved paint spray booth.

Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designated and approved for such purposes.

O. Exterior Structure. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

P. Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

Q. Exterior Walls. All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

R. Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance or a nuisance to neighboring properties.

S. Overhang Extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or other suitable surface treatment.

T. Stairways, Decks, Porches and Balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

U. Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or other suitable surface treatment.

V. Window, Skylight and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

W. Accumulation of Rubbish or Garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Combustible waste, refuse and large quantities of dry vegetation which by reason of their proximity to buildings or structures would constitute a fire hazard or contribute to the spread of fire, shall be removed.

X. Disposal of Rubbish or Garbage. Every owner or occupant of a structure shall dispose of all rubbish or garbage in a clean and sanitary manner by placing such rubbish or garbage in approved containers.

Upon receipt of a complaint, or upon personal observation that a resident of the Village of Buchanan or an owner or occupant of property located with the Village of Buchanan has allegedly violated any of the provisions of this Code, the Building Inspector, Code Enforcement Officer or other authorized official shall promptly conduct an investigation of said condition. Thereafter, the Building Inspector, Code Enforcement Officer or other authorized official shall notify the resident, owner or occupant of said lands located within the Village of Buchanan accused of violating the provisions of this Code, pursuant to provisions of this Code.

If the Building Inspector, Code Enforcement Officer or other authorized official shall determine that a violation exists, they shall cause a notice to be served upon said resident or owner or occupant informing them that the violation must be corrected within five (5) days, on failure of which the Village will cause the condition to be corrected or removed, and the cost thereof assessed against the property as provided under the provisions for administration and enforcement in Article III of this Code.

In the event that the Village of Buchanan determines that the Village shall cause the condition to be corrected or removed, as provided herein below, the Building Inspector, Code Enforcement Officer or other authorized official shall submit a written report thereof to the Board of Trustees within ten (10) days of said determination to cause the correction or removal. Said report shall describe the actions to be taken and shall include a compilation of all costs and expenses to be incurred by the Village. At a duly scheduled regular or special meeting of the Board of Trustees, the Board shall confirm said costs and expenses as an assessment against the real property involved, as provided herein below, by duly adopted Resolution, and shall issue a directive to cause the correction or removal as so determined. A copy of said Resolution shall be mailed to the address of the resident, owner or occupant involved, as said address appears upon the latest assessment roll of the Village of Buchanan. A lien of special assessment shall thereupon arise as provided for herein below and by the Village Law of the State of New York. Said assessment shall be collected in the manner provided for herein below and by the Village Law of the State of New York.

Administration and Enforcement

A. The Building Inspector or Code Enforcement Officer of the Village, the Police Department and Highway Department Foreman are hereby designated the officers charged with the enforcement of this Chapter and are hereby authorized to issue appearance tickets to secure enforcement. Such appearance tickets shall be in the form prescribed by the Village Board.

B. Any notice hereunder shall be served by delivery of a copy to any person occupying the premises or, in the event that the premises are unoccupied, by affixing a copy to the front door of the premises. In the event that the premises are vacant or that the owner shall not occupy the premises, notice shall also be served by certified mail, return receipt requested, addressed to the owner at the address shown on the latest assessment roll of the Village of Buchanan.

Whenever any Code Enforcement Officer determines that there is or has been a violation of any provision of this Chapter, they shall give notice of such violation to the resident(s), owner(s), occupant(s) or entities responsible therefor. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown by the latest assessment roll of the Village, or a copy thereof is personally delivered (as if a Summons) to said person or entity, or a copy thereof is left at the usual place of abode or office of said person or entity. Notice shall be given as aforesaid within or without the Village. The notice shall also state that unless the violation is abated, removed, cured, prevented or desisted from within five (5) days of the date of service of such notice, exclusive of the date of service, an appearance ticket shall be issued for such violation. The Building Inspector or Code Enforcement Officer may extend the period for compliance stated in the notice of violation for a period in excess of the aforesaid five (5) days if, in their judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected with the 5-day period, and in such cases, the Building Inspector or Code Enforcement Officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid five (5) day period.

Whenever the Building Inspector or any Code Enforcement Officer finds that an emergency condition in violation of this Chapter exists, which condition requires immediate attention in order to protect the public health or safety, they may issue an Order by service of notice in the manner set forth above, reciting the existence of such an emergency. Notwithstanding any other provision of this Chapter, such Order shall be effective immediately.

The Building Inspector, Code Enforcement Officer and the Highway Foreman shall be responsible for directing the proper securing of waste (trash, dumpsters, containers or enclosures) upon all properties other than public property and shall provide written notice of noncompliance to the resident, owner,occupant or tenant as provided in Sec. 137-8, which shall require the correction, removal, abatement, repair or replacement within five (5) days of any nuisance, hazard, debris or litter not property secured within a dumpster, container or enclosure.

Failure to comply with the direction of any official of the Village of Buchanan when notice has been provided in accordance with this Code shall constitute a separate and distinct offense hereunder.

A. Nothing contained in this Code shall be construed or interpreted as limiting the authority of the Village to take all steps reasonable or necessary to promote and protect the public health, safety and welfare by providing for safe passage of pedestrians and vehicles on streets, sidewalks and public ways. The Village Board of Trustees, in its discretion, may authorize any applicable department of the Village to remove obstructions or nuisances, including snow, ice and vegetative growth, which impair the customary use of streets, sidewalks and public ways. The Board of Trustees may also determine to undertake or authorize action, in whole or in part, by reasonable classification based upon location, amount of public use and degree of danger or impairment presented. The undertaking of the Village to take these actions upon default of the property owner or occupant shall not relieve the owner or occupant of any responsibilities imposed by this Code.

B. The failure or omission by the Village to undertake to provide services shall not create any liability attributable to the Village. With respect to any dangerous conditions for which the Village may be liable, it shall be entitled to receive notice of defect in accordance with the provisions of the laws of New York State. Any duty on the part of the Village pursuant to this Code is a general duty of the Village. No person is authorized to create or imply or to assume or infer a special duty by the Village.

The removal of any nuisance, hazard or litter by the Village of Buchanan or its agents shall not operate to excuse the owner, occupant or tenant from properly maintaining any premises as required by this Code, and such owner, occupant or tenant shall, notwithstanding such action, be subject to any penalties provided for herein.

All direct and indirect costs of labor and equipment, supplies, disbursements and payments made or incurred by the Village in enforcement of this Code, performing the work to abate the conditions which violate this Code and in otherwise securing compliance, shall be payable to the Village by the owner or occupant of the property. Any sums unpaid shall be a lien on the real property and shall be assessed against such property, at 9% interest per annum, and shall be relieved and collected in the same manner as real property taxes.

A. Criminal Penalty. Any person or entity which shall violate any of the provisions of the Chapter or any order promulgated hereunder shall, upon conviction, be punishable as provided for violations of the Penal Law. Nothing herein shall prevent the criminal prosecution of a violation of any of the provisions of this Chapter. Upon conviction thereof, the person or entity violating the provisions of this Chapter shall be subject to a fine of not more than $250, a term of imprisonment not to exceed fifteen (15) days, or both such fine and imprisonment, for each offense.

B. Civil Penalties; Remedies. Alternatively, or in addition to those penalties prescribed for violations under state law, any person, firm, corporation or other entity which violates this chapter shall be liable to the Village for a civil penalty of not more than $200 for each day, or part thereof, during which such violation continues. Said civil penalties shall be recoverable in a proceeding held by and before the Justice Court of the Village of Buchanan, pursuant to the following procedure:

(1) Whenever a violation has not been remedied within the time specified in the notice of violation, the Building Inspector or Code Enforcement Officer may issue an Order to Show Cause before the Village of Buchanan Justice Court why such penalties should not be imposed.

(2) Service of Order to Show Cause.

(a) Such Order to Show Cause shall be served personally or by mailing a copy of such order by certified mail to the property owner or occupant, to their last known addresses as shown on the records of the Village, and by posting a copy of such Order on said premises.

(b) A copy of said Order may be filed in the County Clerk’s office, which order shall be filed in the same manner as a Notice of Pendency as therein provided. An order so filed shall be effective for one (1) year from the date of filing. It may be canceled upon an Order of a judge or justice of a court of record or upon the written consent of the attorney for the Village. The County Clerk shall mark the Order to Show Cause and any record or docket thereof as canceled, or record upon the presentation and filing of a certified copy of such judicial order of such consent.

(3) Content of Order. Said Order to Show Cause shall state the nature of the violation; the provision or term violated; and the date, time and place for a hearing before the Village of Buchanan Justice Court. The hearing shall be set for a date not less than seven (7) days after the date of the Order to Show Cause is mailed.

(4) Conduct of Hearing.

(a) The Village of Buchanan Justice Court shall conduct a hearing at the date and place specified in the Order to Show Cause. The hearing may be adjourned from time to time, and shall continue until interested persons subject to the Order to Show Cause are heard.

(b) The property owner, occupant and any others subject to the Order to Show Cause may be represented by an attorney and shall have the right to present evidence and examine witnesses to show why penalties should not be assessed and/or why an Order to remove an emergency condition should be modified or withdrawn.

(c) After the hearing is closed, the Court shall make findings and make a determination. Such determination shall indicate the basis and reason for the decision, shall state the dollar amount of any fine(s) imposed and shall be supported by substantial evidence.

(d) Any fines imposed, plus the costs to the Village of the proceeding, including but not limited to attorneys’ fees and administrative costs, shall be immediately due and payable. Administrative costs shall be determined from time to time by Resolution of the Village Board of Trustees.

(e) Judicial review shall not stay any stop-work order or stay payment of any fine and costs imposed.

(5) Assessment of fine and costs. All fines and all costs incurred by the Village in connection with this proceeding, if unpaid, shall be a lien on the real property and shall be assessed against such property, at 9% interest per annum, and shall be levied and collected in the same manner as real property taxes.

In addition to the above-provided penalties and punishment, the Board of Trustees of the Village may also maintain an action or special proceeding in the name of the Village in a court of competent jurisdiction to compel compliance

with or to restrain, by injunction, any violation of this Code or Chapter or any Order promulgated hereunder.