[Adopted 7-8-1974; amended in its entirety 11-22-2004 by L.L. No. 8-2004]
A.
It is hereby declared to be the policy of the Town
Board to provide for the proper use of land to prevent unhealthful,
hazardous or dangerous conditions due to the accumulation of brush,
grass, rubbish or weeds, the growth of poisonous shrubs or weeds,
the accumulation of stagnant and standing waters and the failure of
general property maintenance, and to protect the public health, safety
and general welfare of the residents of this Town.
B.
By this article, the Town Board seeks to remove such
dangers to health, life and property by requiring owners of land to
cut, trim or remove brush, grass, rubbish or weeds or spray with herbicides,
cut, trim, remove or destroy poisonous shrubs or weeds to mitigate
or remove the accumulation of stagnant and standing waters and to
correct the failure of general property maintenance and, upon default,
to cause the same to be done and assess the costs against the real
properties on which such conditions are found.
As used in this article, the following terms
shall have the meanings indicated:
Includes any mark, figure, drawing, inscription or other
notation or display drawn, written, etched, painted or otherwise placed
on any surface, building or property, inclusive of the use of stickers
or paste-on stamps containing the marks defined herein, without the
permission of the owner or occupant thereof.
[Added 11-15-2006 by L.L. No. 3-2006]
Includes the following:
The owner of the real property upon which any
brush, grass or rubbish ordered cut, trimmed or removed pursuant to
this article is located or upon which any poisonous shrubs or weeds
ordered sprayed with herbicides, cut, trimmed, removed or destroyed
are located.
The owner of real property immediately fronting
on a portion of any highway, street or road of the Town of Salina,
upon which portion any rubbish ordered removed pursuant to this article
is located.
Any other person or entity who, alone or jointly
or severally with others, shall have legal or equitable title to any
premises, with or without accompanying actual possession thereof,
or shall have charge, care or control of any dwelling unit as owner
or as executor, executrix, administrator, administratrix, trustee,
receiver or guardian of the estate or as a mortgagee in possession,
regardless of how such possession was obtained. Any person who is
a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit shall be deemed to be a co-owner with the lessor
and shall have joint responsibility over the portion of the premises
sublet or assigned by said lessee.
Contract not to alter responsibilities. Unless expressly provided to the contrary in this Chapter 180, Article I, the respective obligations and responsibilities of the owner on one hand and any occupant, possessor or tenant on the other shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.
Includes any individual, society, club, firm, partnership,
corporation or an association of persons, and the singular number
shall include the plural number.
Includes the following:
Lumber, junk, trash, debris, building materials,
mounds of dirt or any other deleterious materials.
Any abandoned, discarded or unused objects or
equipment, such as automobile parts, furniture, stoves, refrigerators,
freezers, cans, containers or vehicle tires.
Any compost pile which is of such a nature as
to spread or harbor disease, emit unpleasant odors or gas or attract
rodents, vermin or other disease-carrying pests, animals or insects.
Any unsanitary matter or materials.
Refuse, rubbish and garbage, as said terms are defined in Chapter 200, Solid Waste, of the Code of the Town of Salina and also including tires.
Tree trimmings, brush or shrubbery trimmings,
trees, brush or shrubbery or portions thereof severed from their roots
or uprooted trees, brush or shrubbery.
However, for purposes of this article, the term "rubbish" shall not include any of the foregoing if stored in containers or plastic container bags conforming to the requirements of Chapter 200, Solid Waste, of the Code of the Town of Salina or tied in bundles conforming to the requirements of said Chapter 200.
An assembly of materials forming a construction framed of
component structural parts, which exists for any occupancy or use.
A.
Any person, being the owner of real property in the
Town of Salina, outside of incorporated areas, shall be required to
cut, trim or remove brush, grass, rubbish or weeds or to spray with
herbicides, cut, trim, remove or destroy poisonous shrubs or weeds
upon his lands and to mitigate or remove the accumulation of standing
waters and correct the failure of general property maintenance when
ordered to do so by a Town officer or authorized agent.
B.
No person, being the owner of real property in the
Town of Salina, shall permit or maintain any growth of grass or weeds
or other obnoxious growth to a height more than 10 inches on any part
of said real property, whether occupied or unoccupied or on the area
between the property line of an adjacent public highway or sidewalk
and the pavement edge of the road.
C.
No person, being the owner of real property in the Town of Salina,
shall permit, maintain, deposit or scatter over the premises or private
property any rubbish. Every owner of a shopping center, shopping mall,
retail establishment, restaurant, commercial establishment or office
complex shall keep the pedestrian walkways, parking areas, landscape
and curbsides clean and free of litter, paper waste, rubbish and debris
of any nature. All dumpsters shall be fully enclosed by an appropriate
screening enclosure of no less than five feet in length and no more
than six feet in height. Said dumpster shall be equipped with a lid
and shall be of durable construction. Said lid shall be closed and
locked when not physically in use.
[Amended 6-14-2021 by L.L. No. 7-2021]
D.
Any person, being the owner of real property in the Town of Salina, shall maintain the exterior of every structure or accessory structure, including fences, in good repair, structurally sound, and all surfaces thereof shall be kept painted and finished where necessary for purposes of preservation and appearance. The same shall be maintained free of any graffiti. It shall also be free of any conditions causing or tending to cause danger, damage or injury to persons or property. The standard to which same shall be maintained is that it shall reflect a reasonable level of repair and maintenance consistent with the character of the local area and neighborhood. The foregoing maintenance and repair standards and the provisions of § 180-4.1 notwithstanding, compliance with any objective standards established by applicable laws, rules or regulations of Onondaga County, New York State or the Town of Salina shall be conclusively deemed as compliance with this § 180-4.
[Amended 6-14-2021 by L.L. No. 7-2021]
E.
Ground surface hazards or unsanitary conditions: holes,
excavations, breaks, projections, objections and excretion of pets
and other animals on paths, walks, driveways, parking lots and parking
areas and other parts of the premises which are accessible to and
used by persons on the premises. Any person, being the owner of such
real property in the Town of Salina, shall ensure that all such holes
and excavations shall be filled and repaired, walks and steps replaced
and other conditions removed where necessary to eliminate hazards
or unsanitary conditions.
F.
Any person, being the owner of such real property
in the Town of Salina, shall ensure that surface and subsurface waters
of every kind, type and size (including, but not limited to, swimming
pools, sump pump drains, or drainage and detention basins and ponds,
man-made or otherwise) shall be maintained, controlled and, when drained,
in such a manner as to prevent damage to on-site and adjacent buildings
and structures and to prevent the occurrence or continuance of stagnant
waters causing offensive odors, growths, or appearances. Gutters,
culverts, catch basins, drain inlets, stormwater sewers and sanitary
sewers or other satisfactory drainage systems shall be provided and
utilized where necessary and appropriate. In no case shall waters
from any rain, storm or surface water drainage systems, or as a result
of grading activities, be allowed to pool or settle on or flow over
adjoining properties.
G.
Any person, being the owner of such real property in the Town of Salina, shall ensure that all structures and premises subject to this chapter shall be kept free of all the following conditions: dead and dying trees, limbs or other natural growths which, by reason of rotting or deteriorating conditions or storm damage and weathering, constitute a hazard to persons in the vicinity thereof, including adjacent properties; trees shall be kept pruned and trimmed to prevent such conditions; loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof. Notwithstanding the foregoing, this § 180-4G shall no longer be effective upon the earlier of (i) the Town's final resolution of any current pending code violation hereunder this § 180-4G, or (ii) December 31, 2022.
[Amended 10-11-2022 by L.L. No. 7-2022]
A.
In any case where a provision of this article is found
to be in conflict with a provision of any zoning, building, fire,
safety or health ordinance or code, that provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail.
B.
Nothing in this article shall be deemed to abolish
or impair existing 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.
C.
No license or permit or other certificate of compliance
with this code shall constitute a defense against any violation of
any other local ordinance applicable to any structure or premises
or use of such structure or premises, nor shall any provision herein
relieve any owner, operator, tenant or occupant from complying with
any such other provision or any official of the Town of Salina from
enforcing any such other provision.
A.
Whenever the Town Clerk, at the request of any Town officer or authorized agent, serves notice in the manner required hereinafter, requiring the owner(s) of land to cut, trim or remove brush, grass, rubbish or weeds or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs, or weeds upon their premises or lands or to otherwise remove any of the conditions specified in § 180-4 of this article, such notice shall specify the place, manner and time (not less than 10 days from receipt of said notice) within which such work shall be completed, and such work shall be completed within the time allotted in the notice. Notice shall be served upon such owner or owners by registered or certified mail, addressed to his or their last known address, and/or posting of said notice on the premises and mailing a copy of said notice to the owner at the address or addresses as recorded in the Receiver of Taxes, on the same date as posted.
B.
Emergency situations. Where the violations or conditions
existing on the premises or lands are of such a nature as to constitute
an immediate threat to human health or safety unless abated without
delay, the Town may either cause the violation to be abated or order
the owner, occupant or operator to correct the violation or condition
within a period of time not to exceed three days, and upon failure
to do so, the condition may be abated pursuant to and subject to the
provisions of this article. In addition, any other remedies set forth
in other provisions of the Salina Town Code or under New York State
law shall be available.
C.
Repeat offenses. Where the premises were subject to a previous proceeding under § 180-5A relative to the same or a similar, related or resultant violation or condition within 120 days prior to the occurrence or recurrence of the violation or condition subject of the instant proceeding, then the Town may cause the violation to be abated or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days, and upon failure to do so, the condition may be abated pursuant to and subject to the provisions of this article. In addition, any other remedies set forth in other provisions of the Salina Town Code or under New York State law shall be available.
A.
Whenever a notice or notices referred to in § 180-5 hereof has or have been served in the manner required under § 180-5, requiring such owner or owners of the respective lots or parcel of land to cut, trim or remove brush, grass, rubbish or weeds or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds or to mitigate or remove the accumulation of standing and stagnant waters and/or to correct the failure of general property maintenance, and if such owner or owners shall neglect or fail to comply with requirements of such notice or notices within the time provided therein, the Town Supervisor may authorize the work to be done.
B.
In addition to the foregoing, and the provisions of § 180-7 hereof, a first violation of § 180-4 of this article shall be deemed an offense against this article and, upon such conviction, such offender may be punished as provided in Chapter 1, Article II, General Penalty. For a repeat offender as defined under § 180-5C, the maximum penalty shall be two times that set forth in Chapter 1, Article II, General Penalty. In either case, each week that such violation shall continue shall constitute a separate violation.
A.
Special consideration. Special consideration shall
be given to individuals who are elderly or disabled. If it is determined
that an individual cannot maintain a reasonable level of upkeep of
the owner-occupied residence because the individual is elderly or
disabled and no capable person resides in the residence, enforcement
may be suspended to give the person adequate time to correct the problem.
Where the individual is a low-income individual and owns and occupies
a residence, special consideration may be given to the person by providing
adequate time to correct the problem. The foregoing notwithstanding,
in the case of a low-income individual, if any of the items designated
as blighted has to do with lawn and shrub maintenance, or keeping
grounds free from rubbish and debris, additional time to correct the
problem shall not be provided.
B.
Relief from enforcement. In addition to the foregoing special consideration, the Town Board may also, for good cause shown, adopt a resolution dispensing with or relaxing enforcement of the foregoing provisions of this section and/or the assessment or collection of costs and penalties due to such enforcement. For purposes hereby, "good cause" may include, without limitation, the lack of actual notice to a property owner, consideration of inadequate or defective service of notice, existence of landlord/tenant or similar relationship, or other circumstances where arguably the criteria set forth under § 180-4 may not have been clearly violated or perceived as violated, but shall in any event consist only of grounds or circumstances under which the Town Board has determined that enforcement may not be fair or equitable.
A.
Upon review by and a finding of the Town Board that the provisions of this Chapter 180, including in particular §§ 180-5 and 180-6, have been complied with or satisfied, and in the case of § 180-5B that a bona-fide emergency condition existed, the Town Board may adopt a resolution authorizing the costs incurred by the Town in performance of the work, including any quantifiable internal administrative costs, to be paid for out of the general Town funds appropriated by the Town Board for such purpose. The Town shall be reimbursed for the cost of the work performed or services rendered by direction of the Town Board, as herein provided and for any penalties assessed under § 180-6B hereof by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expenses so assessed shall constitute a lien and charge on the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
B.
Appointment of ex-officio receiver of income. The
Town Clerk may, with the approval of the Town Board of the Town of
Salina, certified to by resolution, bring an action to be appointed
receiver ex-officio of the rents and income of such property for the
purpose of collecting the rents and income from such property and
expending the same for the purpose of abating the conditions against
which this article is directed. The procedure and other legal steps
shall be governed by the provisions of applicable state statutes.
A.
Whenever the Town has ordered the reimbursement for the costs of the work performed or services rendered as hereinabove provided in § 180-7 by assessment and levy upon the lot or parcels of lands whereon such work was performed or such services rendered, the Town Clerk shall cause a notice of intent to levy such costs and expenses against said lots or parcels of land in a form approved by the resolution of the Town Board from time to time hereinafter, to be recorded in the records of the Onondaga County Clerk's office in order that such notice shall be indexed against the premises or parcels of land as notice to subsequent transferees or others acquiring any interest in said lots or parcels of land of the intention by the Town to assess and levy the amount of such expenses upon said lots or parcels of land. Any recorded fees of the Onondaga County Clerk shall be included in the costs and expenses assessed and levied upon such lots or parcels.
B.
The failure of the Town Clerk to record such notice
of intent to levy shall not, however, affect or impair the validity
of any lien or assessment of such costs and expenses against such
lots or parcels of land, the owner(s) thereof or any subsequent transferees
or others acquiring any interest in such lots or parcels of land.
