CHAPTER 28

 

                     PROPERTY MAINTENANCE

 

                           ARTICLE I

 

                      GENERAL PROVISIONS

 

§ 28.1  Title

 

  This Chapter shall be known and may be cited as the "Property Maintenance Law of the Incorporated Village of Mineola".

 

§ 28.2  Purpose

 

  In order to prevent blight and the spread thereof, it is hereby declared that all property in the Village improved or unimproved including, but not limited to, residences, office buildings, shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, factories, gasoline service stations, public garages, motor vehicle repair shops or other business uses, whether occupied or vacant, and accessory structures located in the Incorporated Village of Mineola, shall be maintained in conformity with the standards set out in this Chapter so as to assure that these structures and properties will not adversely affect the neighborhood and the community at large.  It is found and declared that by reason of lack of maintenance and progressive deterioration, certain 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.

 

§ 28.3  Residential premises

 

  Chapter 27, entitled "Housing Code" of this Municipal Code shall supersede any provisions of this Chapter which are in conflict herewith.  All other provisions of this Chapter shall be applicable to residential premises.

 

 

 

§ 28.4                   MUNICIPAL CODE

                                                                   § 28.4  General standards

 

  A.  Open areas.

 

  1. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds.

 

  2.  No shopping baskets, carts or wagons shall be left unattended or standing, and the said baskets, carts or wagons shall be regularly collected and removed to the interior of the building or buildings from which they were taken by the person responsible for said building or buildings.

 

  3.  All fences shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to the replacement and/or repair of fences which may become in disrepair.

 

  4.  All landscaping shall be well maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor thereby depreciating adjoining property.

 

  5.  Steps, walks, driveways, parking spaces and similarly 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, or necessary repairs or replacement carried out. All off‑street parking facilities shall be swept at least monthly.

 

  6.  Yards, court and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent rubbish from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.

 

7.          No person shall deposit, throw or scatter, or suffer, permit or allow the accumulation of any filth, dirt, ashes, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles or glass or any other kind of rubbish or waste material, appliances, furniture, tires, machinery and other bulk refuse, upon any sidewalk, highway or public place, or upon any vacant or improved lot, piece or

 

                     PROPERTY MAINTENANCE                § 28.4

 

parcel of ground abutting upon any sidewalk, highway or public    place or private property within the Village except as permitted by Village regulations for trash and garbage removal.

 

  B.  Buildings and structures.

 

  1.  All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.

 

  2.  Floors, walls, ceilings, stairs, furnishing and fixtures of buildings shall be maintained in a clean, safe and sanitary condition.  Every floor, exterior wall, roof and porch, or appurtenance thereto, shall be maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.

 

  3.  The foundation walls of every building shall be maintained in good repair and be structurally sound.

 

  4.  Exterior walls (including doors and windows), roofs and the areas around doors, windows, chimneys and other parts of a building, shall be so maintained as to keep water from entering the building. Materials which have been damaged or show evidences of dry rot or other deterioration shall be repaired or replaced and refinished in a good workmanlike manner within a reasonable amount of time. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material. Such objects or materials shall be removed, repaired or replaced.

 

  5.  The owner of a vacated building shall take such steps and perform such acts as may be required of him or her from time to time to insure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public.

 

  6.  Buildings and structures shall be maintained free of insects, vermin and rodent harborage and infestation.  Methods used for exterminating insects, vermin and rodents shall conform with generally accepted practices.

 

 

 

 

 

 

§ 28.21                  MUNICIPAL CODE

 

                          ARTICLE II

 

                           GRAFFITI

 

§ 28.21  Elimination of graffiti

 

  It shall be the responsibility of every owner and/or occupant of any building and/or structure which has been defaced by graffiti to remove or cover the graffiti and to restore the surface area of the building and/or structure within twenty (20) calendar days of the defacement.  The responsibility to remove or cover graffiti and to restore the surface area of a building and/or structure shall lie notwithstanding that the owner and/or occupant may not have created the graffiti.

 

  For purposes of this Section, graffiti is defined as any writing, painting, drawing, staining, carving, etching or other marking, made by use of chalk, paint, ink, aerosol spray can, knife, pencil or any other marking device and/or material, of any word, name, lettering, inscription, figure, design, or other representation, made upon portion of a building and/or structure without the consent of the owner.  Signs erected, created and constructed in accordance with the provisions of the Village of Mineola Municipal Code are not included in the above definition. [§  28.21 is a codification of LL #8, 92, 9/9/92.]

 

 

 

 

                            ARTICLE III

 

                       ENFORCEMENT PROCEDURES

 

§ 28.31  Enforcement Officers

 

  The Department of Building and Code Enforcement shall provide the Enforcement Officers of this Chapter.

 

  The Department of Building and Code Enforcement may institute any appropriate action or proceeding to prevent the violation of this Chapter.

 

  The Enforcement Officers are authorized to issue appearance tickets in the enforcement of this Chapter pursuant to Article 150 of the Criminal Procedure Law.

 

 

                       PROPERTY MAINTENANCE                § 28.50

 

                          ARTICLE IV

 

                           PENALTIES

 

§ 28.50  Penalties

 

  The violation of any provision of this Chapter shall be punishable as provided in § 1.10 of Chapter 1 entitled "General Provisions" of this Code.

 

 

 

Cross-references:

 

  Enforcement Officers. Chapter 3

  Environmental Quality Review. Chapter 32

  Fee Schedule. p. R-4

  Housing Code. Chapter 27

  Plumbing. Chapter 29

  Swimming Pools. Chapter 35

  Uniform Code Enforcement. Chapter 26

  Unsafe Buildings. Chapter 33

  Zoning. Chapter 30

 

References:

 

  Authority to enact. Vil L § 4-412(1); Exec L § 379(1),(3)

  Mult Res L applies to Village. Mult Res L § 3(1).

  Provisions of Multiple Residence Law supersedes all other state and local laws, ordinances, and     regulations to extent they are inconsistent therewith; however, those provisions of local laws    or ordinances which are more restrictive shall govern. Mult Res L § 329.

  Search warrant.

     admission by tenant of city inspector, not required. People v Sybil Holding Corp., 64 Misc2d      693.

     admission without objection, not required. People v Cacciola, 64 Misc2d 670.

     evidence inadmissible if obtained without, and without permission. People v Laverne, 15 NY2d      304.

     grounds for obtaining, not same high standards as in criminal matters. Smithtown v Serby, 64    Misc2d 734, 736.

     refusal to admit without, constitutional right, Camara v Municipal Ct., 387 US 523; People        v Laverne, 14 NY2d 304.