[Adopted 9-5-2000 by L.L. No. 2-2000]
This article shall be known as the "Property
Maintenance Law of the Village of Perry" and may be referred to in
the short form as the "Property Maintenance Law" or in this article
as "this article."
It is hereby found and declared that there exist
in the Village of Perry structures and vacant lots which are or may
become in the future substandard with respect to structural integrity,
equipment or maintenance and, further, that such conditions, including
but not limited to structural deterioration, lack of maintenance of
exterior premises and vacant lots, pest infestation, lack of maintenance
or upkeep of essential 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 Village. 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 herein
contained, the growth of this blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of dwellings and neighborhoods enhanced and the public health, safety
and welfare protected and fostered as well as community aesthetics.
The purpose of this article 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 the maintenance
of or creation of hazards to the public health and safety; to avoid,
prevent and eliminate conditions which, if permitted to exist or continue,
will depreciate or tend to depreciate the value of adjacent or surrounding
properties; to prevent the creation, continuation, extension or aggravation
of blight; to fix certain responsibilities and duties upon owners,
operators and occupants of property; and to provide for administration
and enforcement of this provision.
Every residential and nonresidential structure
and the premises on which they are situated in the Village used or
intended to be used for dwelling, commercial, business or industrial
occupancy shall comply with the provision of this article, whether
or not such structure shall have been constructed, altered or repaired
before or after the enactment of this article 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 article.
The provisions of this article shall be in addition
to, and in furtherance of, the New York State Property Maintenance
Code. In any case where the provisions of this article impose a stricter
standard than that set forth in any law of the Village 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 article impose a less
stringent standard than any law of the Village or under the laws of
the State of New York, then the stricter standard contained in any
such other law shall prevail.
Nothing in this article shall be deemed to abolish
or impair existing legal remedies of the municipality or its officers
or agencies relating to the removal or demolition of any buildings
or structures which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this article, be defined as follows:
The condition of a structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
The Village Zoning Officer or his authorized representative
shall be the enforcement officer.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent properties,
including all outside surfaces and appurtenances thereto, and the
open space on the premises outside any building or structure erected
thereon.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poison, spraying,
fumigating, or trapping, or by any other approved pest elimination
methods.
Any thing or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
An area along streams, rivers, creeks, gullies, springs which
varies in width. (https:/www.lawinsider.com/dictionary/natural-waterways)
[Added 5-18-2020 by L.L.
No. 1-2022]
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New York or any of its agencies or this article.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the health or safety of persons on, near or passing
in proximity of the premises where said condition exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of, residing, living or sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this article.
Any person, persons or entity, not the owner, who or which
has charge, care or control of a structure or a part thereof, with
or without the knowledge, consent or authority of the owner.
Any person, persons or entity who or which 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 or which shall have charge, care or control of any lot, premises,
building, structure or part thereof, as owner or agent of the owner,
or as fiduciary, trustee, receiver, guardian, lessee or mortgagee
in possession, regardless of how such possession was obtained. Any
person, group of persons or entity who or which is a lessee, sublessee
or assignee of any part or all of any building, structure or land
shall be deemed to be a co-owner with the lessor for the purposes
of this article and shall have responsibility over that portion of
the premises so sublet, leased or assigned.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
A sewer which carries sewage and to which stormwater, surface
water, and groundwater are not intentionally admitted.
[Added 5-18-2020 by L.L.
No. 1-2022]
A sewer which carries stormwater and surface water and drainage
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
[Added 5-18-2020 by L.L.
No. 1-2022]
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this article,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder, nor may any such person or entity assert
as a defense against any charge made under this article that another
owner, operator or occupant or any other third person or entity is
also responsible therefor and in violation thereof.
A.
Exterior of premises. The exterior of all premises
shall be kept free from hazards, which include but are not limited
to the following:
(1)
Garbage, solid waste, hazardous waste and trash as
defined in the Code of the Village of Perry.[1] Garbage containers will be permitted adjacent to the roadway
on the day before and on the night hours of pickup only. Only garbage
and solid waste resulting from the actual use of the premises may
be permitted on the premises. This subsection shall be enforced by
police officers as well as the Zoning Officer.
(2)
Unsafe structures. Unsafe structures or unsound buildings,
structures or fences or abandoned, uncovered or structurally unsound
wells, shafts, towers, exterior cellar openings, basement hatchways,
foundations or excavations.
(3)
Discarded appliances. Abandoned refrigerators, boilers,
hot-water heaters, television sets and other similar appliances.
(4)
Natural growth. Dead and dying trees and limbs or
other natural growth which, by reason of rotting or deteriorating
condition or storm damage, constitutes a hazard to persons in the
vicinity thereof. Trees shall be kept pruned and trimmed to prevent
such condition.
(5)
Overhanging objects; ice and snow. Loose and overhanging
objects, whether natural or man-made, and accumulations of ice and
snow which by reason of location above ground level constitute a threat
to the health and safety of people if caused to fall.
(6)
Ground surface hazards. Hidden or uncovered ground
or surface hazards, such as holes, sudden depressions, excavations,
sharp or jagged projections or obstructions.
(7)
Recurring accumulations of stormwater. Stagnant surface
or ground water accumulations which create or are likely to create
mosquito or other insect breeding areas.
(8)
Infestation. Rodents, vermin, pest infestations and
conditions causing the same.
(9)
Nuisances. Nuisances as defined in this article.
(10)
Inoperable vehicles. Vehicles or parts thereof,
including boats and trailers, motorized or not, regardless of whether
licensed or registered, which vehicles or parts thereof are or have
been abandoned or dismantled or are in a state of visible disrepair.
(11)
Swimming pools.
[Added 5-18-2020 by L.L.
No. 1-2022]
(a)
Water supply. There shall be no fixed or direct connection of
a swimming pool to any nonpotable water supply.
(b)
Drainage of swimming pool.
[1]
There shall be no drainage connection to a sanitary sewer.
[2]
It must be possible to drain all pools into a storm sewer or
a natural waterway, either by gravity, syphon or through the filter
pump system.
[3]
There shall be no drainage over adjoining property without the
permission or consent of the owners.
B.
Structural soundness. Every structure and accessory
structure 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)
Foundation walls. Inadequate or unsafe foundation
walls, piers and columns and other similarly unsound, damaged or defective
load-bearing components which are incapable of supporting the imposed
loads safely at all points.
(2)
Exterior porches, landings, balconies, stairs and
fire escapes. Structurally unsound, loose, dangerous, crumbling, missing,
broken, rotted or unsafe exterior portions of buildings or structures,
including but not limited to porches, landings, balconies, stairways,
handrails, steps, walls, overhangs, roofs, fences, supporting members,
timbers, abutments, fire escapes, signs and loose, crumbling or falling
bricks, stones, mortar or plaster.
(3)
Projecting surfaces. Exterior surfaces or parts of
buildings or structures containing sharp, rough or projecting surfaces
or objects which might cause injury to persons coming in contact therewith.
(4)
Windows, doors, etc. Broken glass or windows and rotten,
missing or substantially destroyed window frames and sashes, door
frames, exterior doors or other junior exterior component parts of
buildings or structures.
(5)
Exterior walls, sidings and roofs. Exterior walls,
sidings, gutters and leaders and roofs shall be kept structurally
sound, in good repair and free from defects.
(6)
Exterior chimneys: Exterior chimneys shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed.
C.
Steps, walks, driveways and parking lots. Steps, walks,
driveways, parking lots, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled,
or necessary repairs or replacement shall be performed promptly.
A.
Enforcement officer. It shall be the duty and responsibility
of the Zoning Officer of the Village of Perry and the Perry Police
Department to enforce the provisions of this article as herein provided.
B.
Coordination of enforcement. Inspection of the premises
and the issuing of orders in connection therewith under the provisions
of this article shall be the exclusive responsibility of the Zoning
Officer of the Village of Perry. Wherever in the opinion of the Zoning
Officer it is necessary or desirable to have inspections of any condition
by any other department, he shall arrange for this to be done. No
order for correction of any violation under this article shall be
issued without the approval of the Zoning Officer, and it shall be
the responsibility of that official before issuing any such order
to determine it has the concurrence of any other department or official
of the government concerned with any matter involved on the case in
question.
C.
Inspections. The Zoning Officer is authorized to enter
upon any land at any reasonable time for the purpose of performing
his duty under this article, with prior notification.
D.
Enforcement procedure. Whenever an enforcement officer
determines that there is or has been a violation of any provision
of this article, he shall give notice of such violation to the person,
persons or entities responsible therefor under this article. Such
notice shall be in writing and shall include a concise statement of
the reasons for its issuance. Such notice shall be deemed to be properly
and sufficiently served if a copy thereof is sent by certified mail,
return receipt requested, to the last known address of the person
or entity upon whom or which the same is served, as shown by the most
recent tax records of the municipality, or a copy thereof handed to
said person or persons, or a copy thereof left at the usual place
of abode or office of said person or entities. Notice shall be given
as aforesaid within or without the municipality. The notice shall
also state that unless the violation is abated, 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.
The enforcement officer may extend the period for compliance with
the requirements of this article in regard to the violation stated
in the notice for a period in excess of the aforesaid 30 days if,
in his judgment, the abatement, removal, prevention, cessation or
cure of the condition violated cannot reasonably be effected within
the thirty-day 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 30 days. In the
event that the violation is not abated, removed, cured, prevented
or desisted from or otherwise fully remedied within said thirty-day
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 Village Board.
E.
Emergency conditions. Whenever the enforcement officer finds that an emergency condition in violation of this article exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of a notice as set forth in Subsection D above, reciting the existence of such emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other prevision of this article to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the enforcement officer, any such person shall be afforded a hearing before the Mayor as soon as reasonably possible. After such hearing and decision by the Mayor as to the existence or nonexistence of the emergency condition, the Mayor may continue such order in effect or modify or withdraw it, subject to the issuance of a summons for violation thereof if such order is continued.
Any person or entity who or which shall violate
any of the provisions of this article or any order promulgated hereunder
shall, after a summons is issued under the terms hereof, be punished
as follows:
In any case where a provision of this article
is found to be in conflict with or inconsistent with a provision of
any other law which establishes a lower standard for the promotion
and protection of the safety, health and welfare of its inhabitants,
the provisions of this article shall prevail, and such other law or
parts thereof are hereby declared to be repealed to the extent that
they may be so found to be in conflict with this article.
A.
The Village Board, by resolution, may cause any nuisance,
hazard or litter as herein defined to be removed from any property
within the Village of Perry upon the failure of such owner, tenant
or occupant to comply with the written notice aforementioned within
the time limit. Said removal shall be performed by the Department
of Public Works or other designee, including a private contractor.
The Village Board shall ascertain the cost of such removal, and such
cost shall be charged and assessed against the owner, tenant or occupant
of the property. The expense so assessed shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Village charges.
B.
The removal of any nuisance, hazard or litter by the
Village of Perry or its designee shall not operate to excuse such
owner, tenant or occupant from properly maintaining his or its property
as hereinabove set forth, and such owner, tenant or occupant shall,
notwithstanding, be subject to the penalties above mentioned.
C.
If such removal work is to be performed by a private
contractor, it shall be subject to the competitive bidding requirements
for all public contracts contained in the laws of the State of New
York.
