Wappingers Falls, N.Y., Code of Ordinances ch. 114 (eCode360 ed. 2026) § 114-2

Definitions

In Force
Verified 11/10/2026 · Next check 12/10/2026
Wappingers FallsHabitability & Repair

Operative Text

Wappingers Falls, N.Y., Code of Ordinances ch. 114 (eCode360 ed. 2026) § 114-2
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: BUILDING Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith. COMMERCIAL PREMISES A building, structure or land used for any purpose other than for single-family or multifamily purposes, including premises used for rental purposes, business purposes or industrial purposes. DEBRIS All materials resulting from the construction, excavation, renovation, equipping, remodeling, repair or demolition of structures, property or roads, or resulting from the preparation therefor, as well as materials consisting of vegetation resulting from land clearing and grubbing, utility line maintenance, and seasonal and storm-related cleanup, except when such materials are organized in piles or structures for purposes of composting. Such materials include, but are not limited to, masonry, such as bricks, concrete blocks, mortar and concrete, soil, rock, wood, wall coverings, floor coverings, plaster, drywall, plumbing fixtures, insulation, roofing materials, siding, pavement, glass, window frames, electrical wiring and components, plastics, carpeting, foam padding, linoleum, and metals, or any combination thereof, which are incidental to construction, excavation, renovation, equipping, remodeling, repair or demolition. ENFORCEMENT OFFICIAL This chapter shall be enforced by the following Village of Wappingers Falls officials: the Code Enforcement Officer/Building Inspector, the Zoning Administrator, the Fire Chief, the Village Justices, the Village Police, the Dutchess County Sheriff's Office, any police agency having jurisdiction in the Village of Wappingers Falls, and such other persons as may be designated by the Village Board of the Village of Wappingers Falls by duly adopted resolution. GARBAGE All putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including containers in which such items are packaged, except when such wastes are organized in piles or structures for purposes of composting. JUNKED VEHICLE Any motor vehicle which is either unregistered, dismantled (in whole or in part), or in such a damaged condition or state of disrepair that such vehicle cannot be operated without extensive repair or for which the cost of such repair exceeds the value of the motor vehicle. Lack of a license plate, or an incorrect license plate affixed to the motor vehicle, shall be presumptive evidence that the vehicle is not registered. MULTIFAMILY PREMISES Any building which is used as a home or residence, other than a single-family residence, together with any garage or other accessory buildings and the lot upon which such building or buildings are constructed. NOXIOUS WEEDS Plants or other flora growth that may be hurtful, harmful or may physically affect individuals, such as poison ivy, sumac (trees, bushes or vines), deadly nightshade, Japanese Heliotrope and bindweed. "Noxious weeds" shall not include those plants normally cultivated in gardens. NUISANCE A. Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New York, its governmental agencies or the regulations and laws of the Village. B. Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where said condition exists. C. Any waste material or any other matter attractive to vermin, likely to breed disease or which presents a fire hazard, creates offensive odors, or otherwise is prejudicial to good health or is so unsightly of appearance as to be offensive to surrounding properties. OCCUPANT Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling premises or any person or entity in possession of or using the premises or part thereof, whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy. OWNER Any person, persons or entity who shall have legal or equitable title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building, structure or part thereof as agent of the owner or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building structure or land shall be deemed to be a co-owner with the lessee for the purposes of this chapter and shall have responsibility over the portion of the premises so sublet, leased or assigned. Where the owner of the property cannot be determined, the person whose name is listed as the owner on the most current tax roll of the Village is deemed to be the property owner. PERSON Any individual, natural person, association, firm, corporation, partnership, limited liability company or any other business organization of two or more persons, or any and all combinations of individuals acting in concert. PREMISES A lot, plot or parcel of land, including the buildings or structures thereon. RUBBISH All discarded or worthless nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including, but not limited to, paper and paper products, rags, wrappings, cardboard, tin cans, wood, glass, metals, plastics, tires, bedding, cloth, crockery, furniture, appliances and similar items. SINGLE-FAMILY RESIDENCE A building which is occupied exclusively as the home or residence of a single family, together with any garage or other accessory building and the lot upon which such building or buildings are constructed. SOLID WASTE Materials or substances discharged, discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such waste shall include, but is not limited to, garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, refuse, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris. STRUCTURE An assembly of materials forming a construction, including, but not limited to, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs. TENANT Any person, other than the owner, who uses or occupies a property or building and who occupies the same pursuant to a written or oral lease agreement, or otherwise with the consent and permission of the owner thereof. TRANSLUCENT The property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished. WINDOW An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material. WINDOW DISPLAY AREA That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.
Source: Legislative text reproduced verbatim
Plain English

Section 114-2 of Wappingers Falls, N.Y., Code of Ordinances ch. 114 establishes the foundational vocabulary for the village's property maintenance and nuisance code. It defines key terms—such as 'building,' 'premises,' 'owner,' 'tenant,' 'garbage,' 'rubbish,' 'debris,' 'nuisance,' and 'junked vehicle'—that govern how the rest of the chapter is interpreted and applied. By setting these definitions, the provision determines who bears responsibility for a property, what types of waste or conditions fall under regulation, and which officials are authorized to enforce the rules.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in Wappingers Falls should be aware that § 114-2 defines 'owner' broadly to include agents, fiduciaries, and even lessees who sublet portions of a property, meaning responsibility for compliance can extend beyond the titleholder. Under this section, any lessee or sublessee is treated as a co-owner for the purposes of ch. 114, so operators who lease commercial or multifamily premises to subtenants share accountability for conditions on those portions. Compliant operators generally maintain clear records of ownership, lease arrangements, and property conditions to demonstrate that nuisances, solid waste, junked vehicles, and similar defined conditions are being properly managed.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants in Wappingers Falls should know that § 114-2 defines 'tenant' as any person occupying property with the owner's consent under a written or oral agreement, and separately defines 'occupant' to include anyone with actual possession or use of a premises. These definitions matter because they establish who may be subject to—or protected by—the obligations and standards set out in the rest of ch. 114. Tenants who believe a property condition meets the chapter's definition of 'nuisance' or involves improper accumulation of garbage, rubbish, or debris may wish to contact the village's Code Enforcement Officer or another designated enforcement official listed in § 114-2, or reach out to a local tenant-rights organization for guidance on available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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Fetched:Nov 9, 2026, 09:42 PM UTC