Brockport City Zoning Code
ARTICLE V
Property Maintenance
[Added 4-20-1998 by L.L. No. 5-1998]
§ 58-35.1 Purpose.
It is the purpose of this article to assist in the continued revitalization of areas throughout the Village to attract new residential, industrial, limited light industry, and 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 public welfare in the best interest of the residents of the Village of Brockport.
§ 58-35.2 Findings.
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, growth of slums and blight may be prevented and the neighborhood 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.
§ 58-35.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.
Any structure having a roof supported by columns or by walls and intended for shelter, housing protection or enclosure of persons, animals or property. Depending upon its applicability, the use herein of "building" shall be considered part of the main building.
The New York State Uniform Fire Prevention and Building Code Enforcement Officer employed by the Village for the purpose of enforcing the terms of this article.
The condition or appearance of a building or structure characterized by holes, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.
A building or portion thereof containing two or more dwellings units and designed or used for occupancy by two or more families living independently of each other.
Any premises or open space or any part thereof or any building or structure that may be lawfully viewed by any member of the public from a sidewalk, street, alleyway or from any adjoining or neighboring premises.
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.
Includes but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, motor vehicle parts and used tires, all cardboard, plastic material or glass containers, sweepings, pieces of wood, excelsior, rubber and like material.
Any manufactured good, appliance, fixture, furniture, machinery, motor vehicle, recreational vehicle, trailer or similar object which is abandoned, demolished, discarded, dismantled or so worn, deteriorated or in such a condition as to be generally unusable in its existing state.
A combination of materials assembled, constructed or erected at a fixed location, for example, a building, stationary and portable carports and swimming pools, the use of which requires location on the ground or attachment to something having location on the ground.
The Village of Brockport.
The officer employed by the Village of Brockport to enforce the zoning laws of the Village of Brockport.
§ 58-35.4 Provisions to be minimum standards; conflict with other provisions.
This article 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 State of New York Uniform Fire Prevention and Building Code.
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 Brockport, County of Monroe, State of New York or United States of America, the provision that establishes the higher standard, as determined by the Code Enforcement Officer, shall prevail.
§ 58-35.5 Exterior standards.
The exterior of the premises and the condition of structures shall be maintained so that the premises and buildings shall reflect a level of maintenance in keeping with the standards of the community and shall not constitute blight from adjoining property owners or lead to the progressive deterioration of the neighborhood. Such maintenance shall include, without limitation, the following:
Foundations, porches, decks, steps, stairs and walls shall be in good condition.
Vent attachments shall be safe, durable, smoketight and capable of withstanding the action of flue gases.
Exterior balconies, porches, roof area (other than used for normal maintenance), 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.
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 State of New York Uniform Fire Prevention and Building Code shall, with their supports, be removed or put into a good state of repair. All nonoperative 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.
All exterior walls of a building, accessory building or structure, whether residential, commercial or industrial, exposed to the public view shall be kept in a good state of repair. Storefronts or any portion of a structure shall not show evidence of excessive weathering or deterioration of any nature. Unoccupied storefronts shall be maintained in a clean and neat appearance.
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 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.
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 Code Enforcement Officer as to 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.
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.
All exposed exterior surfaces shall be maintained free of broken or cracked glass, loose shingles or loose or crumbling stones or bricks, loose shutters, railings, aerials, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Said conditions shall be corrected by repair or removal. All exposed exterior surfaces of structures not inherently resistant to deterioration shall be coated, treated or sealed to protect them from deterioration or weathering. Wood, masonry or other exterior materials that will naturally resist deterioration do not have to be treated but must be otherwise maintained in a sound, secure, workmanlike manner. 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.
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.
Lawns shall be kept cut and not to exceed 10 inches in height. Trees, brush, shrubs and hedges shall be trimmed regularly during the growing season so as to avoid an unsightly appearance or obstruct sidewalks and roadways. Piles of materials such as dirt, sand and similar materials shall be used or removed within 30 days of receiving said materials. Failure to comply with this subsection, within five days of being notified, will result in the Village taking any legal action necessary to correct the violation. This will include the issuing of an appearance ticket or/and the Village removing the material or cutting the grass or having the same done by contract with a third party. Any and all cost associated with correcting the violation shall be assessed upon the real property on which the brush, grass or weeds are found. The fees for action taken by the Village shall be established from time to time by the Village Board of Trustees by resolution.
[Amended 7-6-1999 by L.L. No. 1-1999]
§ 58-35.6 Open areas and parking spaces; unregistered vehicles.
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, storm 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.
Fences and other minor construction shall be maintained in a safe and substantial condition.
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.
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.
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.
No more than one unregistered vehicle may be stored in a dwelling's driveway or yard, and said vehicle must pass New York State motor vehicle inspection of the current inspection year, and the sticker must be visible on the front windshield. This subsection shall be enforced by the Village Police Department or Code Enforcement Officer.
§ 58-35.7 Commercial units.
Commercial units shall at all times be maintained in compliance with the provisions of this article regulating open spaces, buildings or structures and littering.
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.
No outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at anytime, 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.
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 a clearly designated area dedicated to said baskets, carts or wagons, or to the interior of the building or buildings.
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.
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.
Persons owning or occupying a commercial unit shall keep all walkways, public or private, abutting said premises free from litter and trash of whatever nature.
§ 58-35.8 Infestation, storage and screening.
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.
Where the potential for rodent or vermin infestation exists, windows and other openings in basement and cellars shall be closed or appropriately screened with mesh or other suitable material.
Furniture, materials, goods, supplies.
[Amended 12-6-1999 by L.L. No. 6-1999]
Intent. The intent of this section is to promote the health and safety of the community in general by reducing fire hazards and eliminating harborage for rodents and the spread of diseases they carry. The intent is to eliminate such conditions created by the protracted storage or utilization of furniture not specifically designed and intended for outdoor use and the detrimental effect that such storage or use has on the health, safety and quality of life for Village residents as a whole and to the value of the homes and properties adjoining such situations in particular.
Furniture. Any furniture designed and intended for indoor use, including, but not limited to, upholstered furniture such as chairs, couches, sofas, davenports, ottomans, loveseats, loungers, mattresses, bed frames, box springs, etc., shall not be located, used, housed or otherwise stored in or on any nonenclosed balcony porch, deck, patio, roof, landing, stairs, fire escape, yard, sidewalk or driveway.
Materials, goods, supplies. No materials, goods or supplies may be stored in any front yard or in any exterior or interior side yard. Materials may be stored in a rear yard, provided that the area used for storage is screened from neighboring properties by a fence or hedge, provides protection from the elements, and that the method and manner of storage complies with the other provisions hereof.
§ 58-35.9 Litter; sanitary facilities and methods; abandoned refrigerators and freezers.
Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter in appropriate private receptacles for collection.
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 waste are collected shall provide refuse containers sufficient in number to hold all collectible wastes which may accumulate. Containers must be rodentproof and insectproof and watertight and must be kept covered at all times. Such containers must be kept from public view till day of pickup.
No refrigerator or freezer may be discarded, abandoned or stored in a place accessible to children without first completely removing any and all doors; also a certificate from an authorized person or company (New York State Penal Law) showing that all freon has been lawfully removed.
Dumpsters and similar large receptacles shall be shielded from the public view by means of appropriate landscaping, hedges, fences or screening. Commercial users of dumpsters in noncompliance with this article shall have 12 months from the date of its adoption to comply or appeal for a variance. Dumpsters for the use of construction and/or remodeling shall get a permit from the Village office. Residential permits shall be good for 30 days, and industrial, limited light industrial and business permits shall be good for 90 days. These permits may be renewed at the Village office. This section shall not apply to receptacles for clothing and the like donated to charity.
Shopping centers, supermarkets and similar business units shall provide permanent, attractive, decorated litter receptacles within the premises for public use, in sufficient quantity so that a person will not have to walk in excess of 50 feet to use any such receptacles.
§ 58-35.10 Responsibilities of owner, occupants, agent or operator.
The owner, occupant, agent and operator in control of the building, structure, lot or parcel of land shall be jointly and severally responsible for the maintenance of the premises in a clean, safe and sanitary condition according to the provisions of this article.
Notwithstanding the failure of the occupant, agent or operator in control of the building, structure, lot or parcel of land to maintain the premises in a clean, safe and sanitary condition, the owner of the building, structure, lot or parcel of land shall be an accessory responsible party.
§ 58-35.11 Inspection and enforcement.
The Code Enforcement Officer is hereby authorized to make inspections to determine compliance with this article. Inspections shall be made at times determined by the Code Enforcement Officer. Every operator or owner shall cooperate with the Code Enforcement Officer in providing access to the premises. Whenever the Code Enforcement Officer determines that there is a violation of the provisions of this article, he shall cause a written notice to be served upon the owner or operator, which shall include:
An enumeration of conditions which violate the provisions of this article.
An enumeration of the remedial action required to meet the standards of this article.
A statement of a definite number of days from the date of the notice in which the owner or operator must commence and complete such remedial action.
A statement of the penalties for noncompliance, as set forth herein.
A copy of such notice shall be filed in the Village Clerk's office, and such notice shall be deemed sufficient if served upon the owner or operator as follows:
§ 58-35.12 Property under construction.
For purpose of enforcement of this article, if work is being done on the property, either the prime or general contractor or the owner shall be held responsible.
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 article. In no event shall such storage be permitted for a period exceeding one year.
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 drainage or to divert or cause runoff of groundwater or stormwater in an unnatural fashion.
The person responsible as herein provided 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.
Construction roads must be kept wet or properly treated to decrease the spread of dust and mud.
A temporary cover such as rye grass or a mulch must be applied on land that has been stripped of its protective vegetation during the course of its construction to prevent the spread of dust or mud.
All excavations in or near a public or private walkway or street must be properly guarded and protected at all times by lights, flags, barricades or other warnings sufficient in kind and amount to warn the public of the danger of falling into the excavation.
Temporary electric service must be through electric lines that are weatherproof 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.
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.
§ 58-35.13 Penalties for offenses.
[Amended 11-16-2015 by L.L. No. 1-2015]
Any person, corporation or other entity who violates the provisions of this chapter shall be guilty of a violation and shall be subject to imprisonment not to exceed fifteen days or a fine not to exceed $250 or both such fine and imprisonment. Each day of continued violation shall constitute a separate offense.