New Malverne Law Empowers Village to Enforce Property Maintenance

When village officials learned of a home on Ackley Avenue in Malverne that had been neglected so bad that it had become infested with raccoons, there was little they could do to force the owner to address the problems with her property.

At the August village board meeting, neighbors on the block, concerned about their families safety as well as their home values, said the decrepit house should be condemned. They explained that it had holes in the roof, water damage, mold, no electricity, pests and most recently, some nocturnal, four-legged guests. The owner, a Queens woman, according to neighbors, inherited the home when her parents passed away, but rarely stopped by to maintain the property.

"The house has been virtualy abandoned for 16 years but the problem has grown lately," John Challice, a grandfather of five who also lives on Ackley, said.

Trustee Michael Bailey said last month that part of the problem in dealing with matters such as this, is that the village is not allowed on the property unless the owner gives permission. As a result, the courts had to get involved to remedy this situation, he explained Wednesday night, adding that the raccoons have since been removed and the homeowner is taking the necessary steps to restore the property.

Going forward though, the village will have more power when it comes to enforcing residents to maintain their homes.

During a brief public hearing Wednesday night, the board unanimously approved a change to the Municipal Code. They adopted Local Law #1 of 2011, adding Chapter 20-A to the "Property Maintenance Code of the Incorporated Village of Malverne," which takes effect immediately.

The law states that "any and all conditions which pose a threat to the health, safety, or welfare of the public or to the property within the Village of Malverne be eliminated by the owner of record or tenant in possession of the offending property."

The code outlines a number of requirements homeowners and tenants must follow to maintain their homes including draining water to prevent it from becoming stagnant, trimming their lawn and weeds, repairing fences and exterior holes in any structures and keeping the inside clean, sanitary and free of vermon.

There even exists a line specific to vacant buildings, which says they "shall be maintained in a condition that does not present a hazard to adjoining properties, buildings, structures or the public."

The village attorney explained that failure to remedy such conditions may result in the village taking the initiative to eliminate them and add the costs of such efforts to the owner's or tenant's tax bill.

If the building inspector - or any other duly appointed enforcement officer - issues a notice of violation to a resident, the person would have 10 days to submit a written request to have the case reviewed. After that point, the notice will deemed an order to cease and desist, and the person would be given a "reasonable" time to remedy the problem.

Failure or a refusal to comply within 20 days from when the cease and desist order was issued would give the building inspector the authority to correct the problem and the expenses the village accrues (plus legal fees) would be placed on the person responsible for the property.

Any person convicted of violating this chapter of the muncipal code could also face fines totaling anywhere from $250 to $1,000, or 15 days imprisonment - or both.

A final provision also gives the village authority to take immediate action on a homeowner's property, without issuing a notice or holding a hearing first, if it is deemed an emergency. The person in violation would have the ability to petition the Building Inspector for a hearing at a later date.

A full copy of the law is available at Village Hall.