[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg
6-15-1998 by L.L. No. 3-1998. Amendments noted where applicable.]
It shall be the duty of every owner, occupant or person having charge
of lands within the Village to cut down or cause to be cut down all overgrown
weeds, grass, brush and other vegetation and to remove or cause to be removed
all garbage and tree limbs or other debris on said land as necessary to maintain
such land in a sanitary and orderly condition.
It shall be the duty of the Code Enforcement Officer to see that the
provisions of this article are enforced. Where violations of this article
exist the Code Enforcement Officer shall notify the owner of such land of
the violation. Such notice shall give the owner 10 days to comply with this
article.
In the event that the owner of such land receives notification to correct
the violation and does not comply therewith, the Code Enforcement Officer
shall engage the services of a private contractor to perform the necessary
work. The Code Enforcement Officer shall charge and bill the owner for the
cost of such services. In his or her discretion, the Code Enforcement Officer
may coordinate with the Department of Public Works Superintendent to do the
work, in which case a charge shall be made to cover the cost incurred to accomplish
the work required.
The Code Enforcement Officer shall keep an account of all such work
done and shall report to the Village Board all parcels of land upon which
such work has been performed and the names of the owners of said parcels who
have not paid for the cost of the work performed, and the Village Board shall
thereupon order assessments upon such lands for the unpaid sums so reported.
Residential, commercial, storage and industrial buildings, whether occupied
or vacant, and accessory structures shall be maintained in conformity with
the provisions of this article so as to assure the desirable character of
the property and its effect on surrounding areas.
A.
Surface and subsurface water shall be appropriately drained
to protect buildings and structures and to prevent the development of stagnant
ponds.
B.
All drainage water from roof surfaces of residential
buildings shall be properly drained into a sewer, or by any alternate method
approved by the Code Enforcement Officer. No buildings or structures shall
discharge roof drainage on sidewalk, stairs or neighboring property.
C.
Fences and other minor construction shall be maintained
in good repair and in a safe condition.
D.
Steps, walks, driveways, parking spaces and similar paved
areas shall be maintained so as to afford safe passage under normal use and
weather conditions.
E.
Yards, courts and vacant lots shall be kept clean and
free of physical hazards, rodent harborage and infestation.
F.
Heavy undergrowth and accumulations of plant growth which
are noxious or detrimental to health shall be eliminated.
No person shall place, hang, suspend, affix or otherwise display the
carcass of slaughtered game upon any lot or premises except within an enclosed
structure or otherwise shielded from view.
A.
STRUCTURES
SUBSTANTIAL DETERIORATION
Definitions. For the purposes of this section, the following
terms shall have the meanings indicated:
Includes accessory structures.
A status of either general dilapidation or specific instances of
disrepair, including but not limited to substantial conditions of peeling,
chipping, cracking, splintering, fraying, warping, crumbling, rusting, corroding,
rotting or perforation.
C.
Supplied items. In leased premises where appliances or furnishings are supplied by the lessor, in whole or in part, the provisions of Subsection B above shall apply to such items.
D.
Exterior surfaces.
(1)
Periodic treatment. In addition, exterior surfaces of
buildings and structures that are not inherently resistant to substantial
deterioration shall be periodically treated with a protective coating of paint
or other suitable preservative when necessary.
(2)
Conformity. Materials used for repair of exterior surfaces
of buildings and structures, including but not limited to foundations, roofs,
walls, windows, doors, stairs, columns and chimneys, shall be of like nature,
grade and quality as the existing surface, provided that in the replacement
of an entire exterior surface, materials of a different nature may be used.
A.
Grounds, buildings and structures shall be maintained
free of insects, vermin and rodent harborage and infestation. Methods used
for exterminating insects, vermin and rodents shall conform to generally accepted
practice.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements, crawl spaces and cellars
used for ventilation shall be appropriately screened with wire mesh or other
suitable materials.
C.
All exterior openings that are used for ventilation in
all occupied rented dwelling units, up to and including the third story, shall
have installed therein screening of No. 15 mesh or finer from June 1 to October
1 in each year. In any dwelling where mechanical ventilation is supplied,
screens shall only be required in areas using natural ventilation. No screens
shall be required in upper stories of any dwellings which are free, due to
height, of mosquitoes, flies and other insects. All screens shall be maintained
in good condition.
A.
Adequate sanitary facilities and methods shall be used
for the collection, storage, handling and disposal of garbage and refuse in
accordance with the provisions of the Code of the Village of Hamburg and also
the following:
(1)
In any dwelling containing two or more living units,
it shall be prohibited to store or accumulate garbage or rubbish of any type
in any public hall or stairway.
(2)
Every dwelling shall be provided with adequately covered
containers of nondestructible and noncombustible material, and every occupant
shall dispose of all garbage or rubbish in a clean and sanitary manner.
(3)
Every dwelling shall be provided with adequate garbage
disposal facilities or covered containers of noncombustible and nondestructible
material for garbage.
(4)
No person shall place ashes, garbage, rubbish, filth,
urine or fecal matter in any place in any dwelling other than the place provided
therefor nor keep any such matter in his or her apartment or upon his or her
premises or in his or her dwelling area such length of time as to create a
nuisance.
B.
It shall be the duty of every owner of all multiple dwellings
to provide proper, suitable and convenient receptacles or containers as outlined
above, and it shall be the duty of all tenants of one- and two-family dwellings
to provide the above required receptacles or containers where suitable and
proper garbage disposal systems are not available.
C.
Garbage chutes other than those directly connected to
an incinerator shall be prohibited. All existing garbage chutes that are not
directly connected to incinerators shall either be removed or all openings
to the same permanently sealed.
A.
UNOCCUPIED HAZARD
Definition. As used in this section, the following terms
shall have the meanings indicated:
Any building or part thereof which remains unoccupied for a period
of more than six months, with either doors, windows or other openings broken,
removed, boarded or sealed up.
B.
Buildings and structures shall be maintained in such
condition so that they shall not become unoccupied hazards, as defined in
this section.
C.
Any building in the condition of an unoccupied hazard,
as defined in this section, shall be repaired, improved and maintained so
as to eliminate the conditions creating an unoccupied hazard, as defined in
this section, or demolished, and all refuse, rubbish and debris caused by
such demolition shall be removed from the premises except acceptable fill
which may be used in excavations. The area formerly covered by any building
that has been removed or demolished shall be graded to the level of the lot.
Whenever the Code Enforcement Officer shall find an unoccupied or partly
unoccupied building which has openings, including but not limited to doors,
doorways, windows and window openings, through which children, trespassers
or other unauthorized persons may make entry to the building, then this section
shall apply.
A.
Notice; sealing requirements.
(1)
Notice. The Code Enforcement Officer shall serve a notice
in writing upon the owner directing the owner to complete the work of enclosing
the building as shall be specified in said notice within four days of service
of such notice. Said notice shall also inform the owner of the date and place
of a hearing, at which time the owner or his or her duly designated representative
may present evidence and testimony on the question of the necessity of the
Village causing said premises to be boarded. Said notice shall further inform
the owner that upon failure by the owner either to complete the enclosing
of the building or to appear at the hearing, the Village of Hamburg shall
have the right to enclose the building and that all costs and expenses incurred
by the Village will be recovered by action or by local assessment, or both.
(2)
Permissible materials. Such openings as the Code Enforcement
Officer shall specify in said notice for enclosure shall be enclosed with
one-half-inch or thicker weatherproof plywood or other weatherproof material
which will secure the building in an equivalent manner. All such plywood or
other material must be painted.
(3)
Screen/storm windows. The owner may, in the alternative,
enclose such openings with screen/storm window combinations, provided that
said storm windows are made with unbreakable glass or plastic.
(4)
Fastening. Such enclosures shall be fastened to the building
so as to secure them from removal by unauthorized persons.
(5)
Appearance. Such enclosures shall be properly fitted
and be of such material and surface that they are neither unsightly nor will
materially detract from the general appearance of the building and neighborhood.
B.
Hearing. If the owner or his or her duly designated representative
appears at the time and place specified in the aforementioned notice to contest
the necessity of the Village causing the subject premises to be boarded, a
hearing on such question shall be held before the Code Enforcement Officer
or his or her representative. As a result of such hearing, the original notice
directing the enclosing of the subject premises may be affirmed, modified
or vacated, but if the notice is modified, the time in which to complete enclosure
shall not be extended for more than three days. The owner shall be informed
of the result of the hearing.
C.
Abatement by Village upon owner's failure to comply.
If the owner shall fail to comply with a notice to enclose within the period
specified in such notice or shall fail to comply with such a notice as modified
as a result of a hearing having been had, the Village shall perform or cause
such work to be performed and may recover the expense either by action or
by local assessment on the premises made, levied and collected as other local
assessments, or both. In such event, unless the Village shall perform such
work, the Code Enforcement Officer shall secure at least three bids on such
work of enclosure; whenever the work to be performed under contract entails
an expenditure of more than $10,000 there shall be formal advertising for
bids.
D.
Statement of intention. In no event shall such building or structure remain unoccupied and closed in for a period in excess of two months from the date of the notice specified in Subsection A hereof unless the owner has first filed a statement of intention to either demolish or rehabilitate said building or structure with the Department of Public Works and has been granted written approval for an extension of time to rehabilitate or to demolish the building or structure by said Department. The owner must obtain all required permits within four months from the date of filing a statement of intention as aforementioned. Such statement of intention shall expire and shall be of no further force or effect upon the passing of four months from the date of its filing with the Department. For purposes of this section, determination of the Department, relative to the condition of a building being practicable for rehabilitation, shall be determined on the basis of cost for rehabilitating the building and shall not exceed 50% of the worth of the building exclusive of value of land and foundation.
E.
Alternative measures to remain available. The provisions
of this section shall not be deemed to impair or affect the availability of
any other enforcement measures or remedies afforded by law.
[Added 12-3-2007 by L.L. No. 6-2007[1]]
The Village shall have the right to cause the pruning or removal of
any dead, dying, dangerous or diseased trees on private property within the
Village when such trees constitute a hazard to life or property or harbor
insects or disease which constitute a potential threat to other trees within
the Village. The Village may notify, in writing, the owners of the property
and of such trees. Removal shall be done by said owners within 60 days after
the date of service of notice. In the event of failure of the owners to comply
with such notice, the Village, or its authorized representative, shall have
the authority to remove such trees, charge the cost of removal to the owners
and levy the same on subsequent tax bills.
[Added 8-6-2001 by L.L. No.
4-2001]
Any person committing an offense against any of the provisions of this
chapter shall be guilty of a violation and, upon conviction thereof, shall
be punishable by a maximum fine of $250 or by a term of imprisonment of not
more than 15 days, or both.
