The Town Board of the Town of Cornwall hereby determines that it is
necessary for the public health, safety and general welfare of the residents
of the Town of Cornwall to provide regulations whereby properties within the
Town are properly maintained and kept free of nuisances, hazards, debris and
litter. Further, it is determined that by reason of lack of maintenance resulting
in progressive deterioration, certain properties and structures have the further
effect of creating blighting conditions leading toward the creation of slum-type
areas, and that if the same are not curtailed and removed, the conditions
can grow and impact the entire Town. By reason of timely regulations and restrictions,
the public health, welfare and safety may be protected and blighted areas
may be prevented and the desirability and amenity value of properties maintained
and enhanced. The Town Board encourages Town residents to accomplish the goals
of this regulation by cooperation between neighbors.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING
A building or structure on premises within the Town.
GARBAGE
Any animal or vegetable refuse or waste matter capable of fermentation
or decay; nothing in this chapter shall regulate the application of garbage
to land for gardening or farming purposes.
GRAMINEUS VEGETATION
Any vegetation including grass or similar plant life.
[Added 10-8-2002 by L.L. No. 5-2002]
NUISANCE
A.
Any condition that would constitute a nuisance according to the statutes,
laws and regulations of the State of New York or the regulations and laws
of the Town.
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 in proximity to the premises where
said condition exists.
C.
Any waste material or any other material attractive to vermin or likely
to breed disease or which presents a fire hazard, creates offensive odors
or otherwise is prejudicial to the 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 the premises or any person or
entity in possession of or using any 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 having legal or equitable title in
any form whatsoever to any premises or part thereof, with or without accompanying
actual possession, including persons or entities who have charge, care or
control of any premises as agent of the owner or as a fiduciary, trustee,
receiver, lessee or mortgagee in possession.
PERSON
Any individual, partnership, association, firm, corporation or any
and all the combinations of individuals acting in concert.
PREMISES
A lot, plot or parcel of land, including the buildings or structures
thereon.
SOLID WASTE
Materials or substances discharged, discarded or rejected as being
spent, useless or worthless. Such solid 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; as defined in this
chapter, "solid waste" shall not include organic composting.
The provisions of this chapter shall supplement state and local laws,
codes or regulations. Where a provision of this chapter is found to be in
conflict with a provision of state or local law, code or regulation, the more
restrictive provision shall prevail when legally permissible.
In the event of the refusal or neglect of the occupant and owner to
comply with said order of the Town Board, and after the hearing held by the
Town Board, the Town Board may provide for the remedying of the violation
either by Town employees or by contract.
All expenses incurred by the Town in connection with the proceedings
to remedy the violation of this chapter shall be levied and collected in the
same manner as provided in Article 15 of the Town Law for the levy and collection
of a special ad valorem levy.
It shall be unlawful for any occupant or owner of premises within the
Town to maintain such premises in violation of the provisions of this chapter.