Hi all,
We wanted to let you know about a new Building Department initiative that started a few weeks ago to help make our Village safer.
This year, we have added two new Assistant Code Inspector positions to the Building Department, which had been stretched thin. One of those new Assistant Code Inspectors started last month, and was immediately charged with enforcing compliance on some home safety issues that we’ve not had time or staffing to attend to in the past few years.
In the past two weeks, he has written almost 80 different Reports of Inspections on issues that we’ll detail below. A handful of those homeowners have reached out to me or other trustees to ask about them, so we thought it would be helpful to give a thorough explanation of what’s going on and why it’s happening.
PART ONE: THE GENERAL PURPOSE OF THE PROGRAM
Here’s what you need to know about those violations and this program:
First, these are all basically warnings to the homeowners. We’ve not issued any violation or fines. At some point, if the problem is not resolved, the Department will have to enforce compliance. But we are not anywhere near that stage at this point.
Second, homeowners get plenty of notice. Every Inspection Report is posted on the property, but then also followed up by a copy in the mail to the property owner.
Third, the purpose of this program is to educate the homeowners. The goal of the Inspection Report is to inform the homeowner of the problem and start a dialogue with the Building Department on whether and how the problem needs to be remedied. Indeed, though the program only started two weeks ago, a number of the issues have already been cured or resolved through cooperation between the homeowner and the Building Department.
Fourth, this is long overdue. I know a lot of homeowners are replying to us with things like “well, it’s been like this for years.” But that’s not really an answer. Yes, we might have been lax in the past about enforcing building codes on some of these safety issues, but that doesn’t mean we should never enforce them.
Fifth, this is not taking away from other code enforcement issues. We know that some people have responded with complaints like “why are you wasting time with my house address numbers when other people are [using gas leaf blowers, playing loud music, sleeping in Easter Square, etc.].” Just please recognize that we’re working on enforcing those rules as well. That’s why we’ve hired not just the two Assistant Code Inspector positions, but also a special “Quality of Life” Code Inspector (i.e., the “Constable”) who will hit the streets as soon as we find the right candidate to hire. But if you’re in violation of the code, you can’t use as a defense the argument of “well, other people are violating it, too.”
PART TWO: WHAT ISSUES ARE COMING UP IN VIOLATIONS?
As to the violations themselves, here are some of the issues that he has been addressing and why they’re being enforced:
1. House Numbers
Properly displayed street address numbers are essential for emergency response, especially at night. That’s why our code requires that every home have street numbers that are prominently displayed and visible from the street. The numbers should be at least 4 inches high, and might need to be up to 6 inches high in certain circumstances. The numbers can’t be blocked by bushes, or placed so low (like on a step) that they could be blocked from view by a parked car on the street. If you get one of these violations, reach out to the Department for guidance about where you should be putting your street address numbers.
2. Corner Bushes
Our code requires that bushes on street corners need to be trimmed to no more than 3 feet high. The purpose of this rule is to increase traffic and pedestrian safety by improving visibility for people turning on to the street. We have a number of places in the Village where turning onto a street is a bit of a scary ordeal, inching your way forward to avoid getting blindsided by a car you can’t see coming because of the bushes. We recognize that homeowners on corners might be disappointed about this, because cutting the bushes down might be less aesthetically pleasing, but it’s a big safety issue.
3. Retaining Wall Railings
In places where homeowners have retaining walls that are higher than 30 inches tall, the code requires a safety railing to keep people from toppling over it. Obviously, this is a major safety hazard, though it’s unfortunate that homeowners will have to pay to make their retaining walls safe.
4. Peeling, Chipping Paint
Some of the violations have been for peeling or chipping paint on the outside of homes. This might seem like a purely aesthetic issues, but a lot of the homes in our Village were last painted prior to 1978’s banning of lead paint. Which means that some of these houses with peeling or chipping paint are distributing lead paint through the air in their neighborhood. That’s not healthy for the community.
5. Dead Trees
Some of the violations have been for dead trees, which pose a hazard not just for the homeowner but for neighbors and people passing by on the street.
6. Sidewalk-Crowding Hedges
You’ve probably been walking on sidewalks in Nyack where the hedges along the sidewalk have grown so wide that they infringe on the sidewalk and even might force you onto uneven ground, snow, or even into the street. That’s a violation of the code, and we’ve been far too lax in enforcing it. We recognize the aesthetic issues that this might raise for homeowners, but your hedges need to stay confined to your property.
7. Sidewalks
We’ve issued some violations for sidewalks that are uneven or otherwise unsafe. In Nyack, the responsibility for maintaining sidewalks is on the property owner, not the. Village. Nevertheless, the Village currently has a cost-sharing program where you can get some funding to help pay for a repair of your sidewalk. We’ve done a number of them but still have money in the budget. You can find more information about that at this link.
PART THREE: WHAT IF YOU GET A REPORT OF INSPECTION?
So what should you do if you get a violation? Here are some tips
1. Read it through.
Make sure you understand what it says, and what it doesn’t say.
2. Reach out to the Department.
Again, the notice is an invitation to engage with the Department on addressing the issue. If the notice was issued in error, they will fix it. If it’s a legitimate issue, you’ll have to remedy it.
3. Please be polite.
Please remember that the code enforcement personnel are just doing their jobs. Again, if a mistake was made, we’ll correct it. But we really do hope you’ll engage with the Village staff in a collegial and constructive way.
4. Reach out if you need help.
If you feel like you’re not being heard, feel free to reach out to the mayor or one of the trustees to share your concerns. The mayor is at mayor@nyack-ny.gov and the trustee email addresses can be found at this link.
CONCLUSION
Ultimately, we want you to understand that we’re not trying to generate revenue (we’re not even issuing fines at this point) or make people unhappy. We’re just trying to make the village safer, and in some cases a little cleaner and more aesthetically pleasing. Even if you disagree with the program, or its specific application to you, please recognize that we’re working in good faith to make Nyack a better place.
We hope you find this helpful.
You can contact us at (845) 358-0548, or visit www.Nyack-NY.gov.
