[HISTORY: Adopted by the Town Board of the
Town of Fenton 11-7-2001 by L.L. No. 1-2001.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 67.
Unsafe buildings — See Ch. 71.
Junkyards — See Ch. 94.
Mobile homes — See Ch. 99.
Solid waste — See Ch. 119.
Zoning — See Ch. 150.
[1]
This local law also superseded former Ch.
107, Property Maintenance, adopted 11-1-2000 by L.L. No. 5-2000.
The following new chapter, entitled "Property
Maintenance Law of the Town of Fenton," is hereby added to the Town
Code. It is hereby declared that there exist in the Town of Fenton
structures and vacant lots which are or may become in the future substandard.
Further, such conditions, including but not limited to structural
deterioration, lack of maintenance of exterior premises and vacant
lots, or upkeep of facilities and utilities, existence of fire hazards
and unsanitary conditions, constitute a threat to the health, safety,
welfare, and reasonable comfort of the citizens and inhabitants of
the Town. It is further found and declared that by reason of lack
of maintenance and ensuing progressive deterioration certain properties
have the further effect of creating blighting conditions and that,
by reason of timely regulations and restrictions, as contained herein,
the growth of this blight may be prevented and the neighborhood and
property values will be maintained and the public health, safety and
welfare will be protected as well as the community aesthetics.
A.
The purpose of this chapter is to protect the public
health safety and welfare by establishing minimum standards governing
the maintenance and condition of the exterior of residential and nonresidential
premises; to avoid, prevent and eliminate conditions which, if permitted
to exist or continue, will depreciate the value of adjacent or surrounding
properties; to fix certain duties and responsibilities upon owners,
operators, and occupants of the property; and to provide for the administration
and enforcement of this provision.
B.
This chapter will be applicable to every residential
and nonresidential structure and the premises on which they are situated
in the Town and structures used or intended to be used for dwelling,
commercial, business or industrial occupancy shall comply with the
provisions of this chapter, whether or not such structure shall have
been constructed, altered or repaired before or after the enactment
of this chapter and irrespective of any permits or licenses which
shall have been issued for the use or occupancy of the structure or
for the installation or repair of equipment or facilities prior to
the effective date of this chapter.
In any case where the provisions of this chapter
impose a stricter standard than that set forth in any law of the Town
or under the laws of the State of New York, then the standards as
set forth herein shall prevail; but if the provisions of this chapter
impose a less stringent standard than any other law or code of the
Town, County of Broome or State of New York, then the stricter standard
contained in any other such ordinance or law shall prevail.
A.
Yards, lots, open areas and the exterior of premises
or structures which are exposed to public view or are visible from
adjoining or adjacent properties and the open space on the premises
outside any building or structure erected thereon, shall be kept free
of hazards, which include, but are not limited to the following:
(1)
The accumulation of garbage, hazardous waste, construction
debris and furniture shall not be allowed to pile up in public view
or on the property and shall be removed in a timely fashion, either
by such responsible property owner or private hauling company.
(2)
All landscaping shall be maintained so that shrubs
and bushes do not encroach on public ways.
(3)
Lawns exposed to public view shall be maintained in
a safe condition, mowed as necessary, and free from litter. Yards,
courts and vacant lots shall be kept clean and free of physical hazards.
(4)
Discarded appliances: abandoned refrigerators, boilers,
furnaces, hot water heaters, television sets, washing machines or
dryers. This includes any other major appliance or white goods.
(5)
No automobiles, motorized vehicles, boats, trailers
or other large equipment or objects shall be habitually parked on
any open, unpaved or unstoned lawn area in front of the dwelling unit.
(6)
No more than one unlicensed vehicle shall be kept on any parcel except in a fully enclosed building. For the purposes of this provision, a "parcel" shall be deemed to include any associated parcel as defined in § 150-33 of the Town Code; provided, however, that licensed automobile repair shops shall, subject to Planning Board approval and control, be exempt from this provision. Inoperable vehicles or parts thereof, including boats and trailers, motorized or not, which vehicles or parts thereof are or have been abandoned, dismantled, or are in a state of visible disrepair, shall, upon notification by the Town, be removed within 60 days.
B.
Buildings and structures. Every structure and accessory
structures and every part thereof shall be kept structurally sound
and in a state of good repair to avoid safety, health or fire hazards,
including, but not limited to, the following:
(1)
Each owner and occupant shall keep all exterior components of every
structure in good repair, including but not limited to walls, ceilings,
floors, roofs, chimneys, cornices, gutters, downspouts, drains, porches,
steps, landings, fire escapes, exterior stairs, windows, shutters,
doors, storefronts, signs, marquees, basement hatchways, and awnings.
Every exterior window from which glass has been broken out shall be
promptly replaced or repaired.
[Amended 8-5-2015 by L.L.
No. 1-2015]
(2)
Open wells, cesspools or cisterns shall be securely
closed or barricaded from access to the public.
(3)
The owner of a vacated building shall take such steps
and perform such acts to insure that the building and its adjoining
yards remain safe and secure, and do not present a hazard to adjoining
property or to the public. All entrances, including doors and windows,
shall be kept locked. Buildings and structures shall be maintained
in such condition that they shall not become an unoccupied hazard.
(4)
All materials used for the purpose of roofing any dwelling must be
of a type approved by the New York State Uniform Fire Prevention and
Building Code. No plywood, particle board, oriented strand board,
plastic or canvas covering, or tarp shall be used as a permanent finished
roofing material. Any such nonconforming materials may be used only
in an emergency, and then only for a period not to exceed 90 days
unless extended by the Building Inspector for a period deemed by him
or her to be prudent and reasonable. The Town Board may thereafter
grant or deny one additional extension upon request of the property
owner or the owner's authorized representative, either with or without
a hearing, at the Town Board's discretion. Upon the expiration of
any such additional extension by the Town Board, no further extensions
shall be granted.
[Added 8-5-2015 by L.L.
No. 1-2015]
A.
Any rental unit or dwelling which is found to have
any of the defects listed below may be condemned as unfit for human
habitation and so designated and placarded by the Code Enforcement
Officer or Building Inspector:
(1)
One which by reason of its failure to comply with
the foregoing requirements of this chapter is so damaged, decayed,
dilapidated, unsanitary, unsafe or vermin-infested that it creates
a serious hazard to the health or safety of the occupants or the public.
(2)
One which lacks illumination, ventilation or sanitation
required by this chapter so as to protect adequately the health or
safety of the occupants or of the public.
B.
An order designating the premises as unfit for human
habitation shall be served upon the owner personally or by certified
mail, return receipt requested, and to all occupants, personally or
by regular mail, and posted in a conspicuous place on the building.
If the owner cannot be located, service may be by any other method
deemed by the Town Attorney to be reasonably calculated to notify
the owner of the proposed action, including notice by publication,
by regular mail to the putative owner's last known address, or any
other similar method sanctioned by law. The order of designation shall
set forth the reasons for the designation and specify the time, date
and place of the hearing to be held on the matter before the Town
Board. The notice to the occupants must set forth the occupants' right
to be heard at the hearing, the possible consequences of the hearing,
including that the building may be closed and the occupants required
to vacate by a particular date, if known.
C.
A hearing shall be scheduled to be held within 30
days of service upon the owner to review the designation as unfit
by the Code Enforcement Officer or Building Inspector. The owner,
occupants and any other interested parties may appear and give testimony.
The Town Board, after considering all the evidence, may sustain, modify
or revoke the order of the Code Enforcement Officer or Building Inspector
designating the premises as unfit for human habitation. The hearing
may be canceled at the direction of the Code Enforcement Officer or
Building Inspector upon correction by the owner of the unlawful condition
or conditions. The hearing may be also be canceled at the direction
of the Code Enforcement Officer in the event of the voluntary vacation
of the building; in such case, however, the Town shall not be precluded
from any and all other enforcement procedures or remedies available
under the Town's Code or any other applicable law, regulation or ordinance.
D.
The decision of the Town Board shall be in writing
and mailed to all interested parties. It shall specify the reasons
for sustaining, modifying or revoking the designation of the Code
Enforcement Officer or Building Inspector. Any premises condemned
as unfit for human habitation, and so designated, shall be placarded
and vacated within the time ordered by the Code Enforcement Officer
or Building Inspector.
E.
No rental or dwelling unit which has been condemned
and placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from the Code Enforcement
Officer or Building Inspector stating that the defect or defects upon
which the condemnation and placarding were based have been corrected,
and a certificate of occupancy has been obtained from the Building
Inspector.
A.
Every owner of a building who does not reside therein
shall designate a manager thereof to be responsible for maintaining
said dwelling in compliance with the provisions of this chapter. Said
manager may be a resident of said dwelling or a unit thereof or a
responsible person employed by the owner for that purpose. The owner
shall register the name, address and phone number of said designated
manager with the Town Clerk so as to enable the enforcement officer
to contact said manager at all reasonable times for the purpose of
maintaining said dwelling in compliance with the provisions of this
chapter. Designation of a manager pursuant to this section shall in
no way decrease or affect the responsibilities of individual occupants
of said dwelling units as hereinbefore provided.
B.
Every owner of a multiple dwelling shall be responsible
for maintaining in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof, and shall be responsible
for compliance with the provisions of this chapter and shall remain
responsible thereafter regardless of the fact that this chapter may
also place certain responsibilities on operators and occupants, and
regardless of any agreements between owners and operators or occupants
as to which party shall assume such responsibility.
C.
Every occupant of a multiple dwelling or dwelling
unit shall keep in a clean and sanitary condition that part of the
dwelling, dwelling unit, and premises thereof which he occupies and
controls. Every occupant of a dwelling or dwelling unit shall be liable
if a violation is caused by his own willful act, assistance or negligence
or that of any member of his family or household or his guests.
D.
Every occupant of a multiple dwelling or multiple-dwelling
unit shall dispose of all his rubbish in a clean and sanitary manner.
It shall be the responsibility of the owner to supply appropriate
facilities or containers for all dwelling units in a dwelling containing
more than two dwelling units. In all other cases it shall be the responsibility
of the occupant to furnish such facilities or containers. It shall
be prohibited to store or accumulate garbage or refuse in public halls
and stairways. No appliance may be discarded, abandoned or stored
in a place accessible to children without first removing any locking
devices or the hinges of the door or doors.
Any person aggrieved by any provision of this
chapter may apply in writing to the Town Board for a waiver of any
such provision. The Town Board may, in its discretion, grant such
a waiver if it finds that compliance with any condition would be impractical
or create an undue economic hardship to the applicant, and that the
granting of the waiver would not materially deviate from the purposes
of this chapter and would not cause an unsafe condition to be maintained.
A.
This chapter shall be enforced by the Code Enforcement
Officer and/or Building Inspector of the Town of Fenton.
B.
Enforcement procedure. Whenever an enforcement officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violation to the person, persons or entities responsible therefor under this section. Such notice shall be in writing and shall include a concise statement of the reasons for the issuance. Such notice shall be deemed to be properly and sufficiently served when sent to the last known address of the person or entity upon which the same is served, as shown by the most recent tax records of the Town, or a copy thereof handed to said person or entity. Notice shall be given as aforesaid within or without the Town. The notice shall also state that unless the violation is abated, removed, cured, prevented or desisted within 30 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation. Notwithstanding the foregoing, with respect to excessive grass length in violation of § 107-4A(3), the time for compliance shall be 10 days rather than the aforesaid thirty-day period. The enforcement officer may extend the aforesaid applicable period for compliance if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the applicable period; and in such cases, the enforcement officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid periods. In the event the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the applicable period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall be issued against the person, persons, entity or entities so notified. Any extension beyond 60 days must be approved by the Town Board.
[Amended 7-11-2007 by L.L. No. 8-2007]
A.
A violation of this chapter shall be deemed an offense.
B.
Upon conviction for a violation of any of the provisions
of this chapter, a penalty may be imposed of up to $100 for a first
violation; of at least $200 and not more than $250 for a second violation;
and at least $250 and not more than $500 for all subsequent violations.
[Amended 8-11-2021 by L.L. No. 5-2021]
C.
In addition to the foregoing, whenever an owner of
a property fails to comply with a notice from the Code Enforcement
Officer or Building Inspector to remedy any violation of this chapter,
the Code Enforcement Officer or Building Inspector may, with Town
Board approval, direct that the violation be remedied by Town employees
or by an independent contractor. In such case, a bill for the expenses
incurred shall be presented to the owner of the property, personally
or by mailing it to him at his last known address. If the owner fails
to pay within 30 days, the Code Enforcement Officer or Building Inspector
shall certify to the Town Supervisor the expenses incurred and the
amount of the expenses shall become a lien. The lien upon the property
shall be included in the next tax bill rendered to the owner, unless
paid before, and shall be collected in the same manner as other taxes
against the property. The bill presented to the owner shall include
all Town expenses, material and contractor costs.
