[HISTORY: Adopted by the Town Board of the
Town of Stony Point 4-13-1999 by L.L. No. 4-1999; amended in its entirety 6-26-2012 by L.L. No.
2-2012. Subsequent amendments noted where applicable.]
This chapter shall be cited and may be referred to as the "Property
Maintenance Law of the Town of Stony Point."
The Town Board of the Town of Stony Point hereby determines
it necessary for the health, safety, appearance and general welfare
of the residents of the Town of Stony Point to provide a method whereby
vacant lots, improved properties and public land within the Town of
Stony Point are kept clean, properly maintained and free from vermin,
nuisances, hazards, debris and litter and to prevent the marring or
defacement of said properties.
For the purpose of this chapter, terms used herein are defined
as follows:
An enclosed area or otherwise covered container for the temporary
collection and storage of a nuisance, hazard, debris and litter as
defined herein.
Failure to maintain grass and other ground cover, including
failure to cut grass and other ground cover to a height to no greater
than 10 inches. Failure to maintain trees, shrubbery, and bushes in
a safe and attractive condition, and failure to keep the property
free of noxious, dead or diseased weeds, shrubbery, bushes and trees
that constitute a hazard or safety condition.
Any waste material, including but not limited to garbage
or other putrescible substance, refuse, rubbish, inoperable vehicles,
vehicle parts, discarded furniture, appliances, water heaters, bottles,
cans, building or construction materials or supplies when stored outside
on a site where no active construction is taking place or discarded
or strewn papers or material or other junk substances, tree stumps
and branches or any other matter attractive to vermin, likely to breed
disease, present a fire hazard, create offensive odors or otherwise
be prejudicial to good health or being so unsightly of appearance
as to be offensive to surrounding properties. Grass and other ground
cover that is not kept trimmed to a height of less than 10 inches
shall be deemed a nuisance.
A.
It shall be an offense for any person to abandon, leave, dump, throw, drop, place, permit to be deposited or scattered, store or keep any nuisance, hazard, litter, debris or matter attractive to vermin upon any public street, public place or upon any privately owned property within the Town of Stony Point except as permitted by Subsections C and D hereof.
B.
It shall be an offense for any property owner to fail to maintain
his property in conformity with the approved site development plan
with the Town of Stony Point.
C.
The owner, tenant or occupant of property being used for residential
or commercial purposes located within the Town of Stony Point is hereby
required to maintain at all times one or more dumpsters, containers
or enclosures of adequate size to temporarily store all nuisances,
hazards, debris and litter until removed, and such enclosure shall
be covered at all times. The failure to comply with this subsection
shall be deemed an offense.
D.
Stony Point Town Board is hereby authorized to establish one or more
temporary or permanent locations where residents of the Town of Stony
Point may bring items constituting a nuisance, hazard, debris or litter,
except garbage, toxic materials or chemical and yard wastes, for disposal
in containers provided for such purpose. The use of such containers
by residents for personal noncommercial disposal of bulky waste is
deemed to be consistent with the purposes of this chapter and shall
not constitute an offense. Any failure to abide by posted regulations
for the use of the containers as provided by the Town of Stony Point
Town Board or any use of commercial purposes or disposal by nonresidents
shall be deemed an offense hereunder.
All owners, occupants or tenants of any privately owned property
within the Town of Stony Point shall maintain grass or other ground
cover, trees and shrubbery in a safe and attractive condition, free
of noxious weeds, shrubbery, bushes or trees that are noxious, dead
or diseased. For the purpose of this provision, all grass or other
ground cover shall be kept trimmed to a height of no greater than
10 inches. The failure to maintain property as required by this section
shall be deemed an offense.
No person shall unlawfully, maliciously, wantonly, negligently
or otherwise, remove, mar, cut, mark or otherwise injure real property
or improvements thereto belonging to the Town of Stony Point or to
any person within the Town.
No person shall tamper with, injure, deface, destroy or remove
any sign, notice, marker, fire alarm box, fire hydrant, topographical
survey monument or any other personal property belonging to, erected
or placed by the Town of Stony Point or any other municipal corporation.
A.
Any owner, tenant or occupant of any property in violation of this chapter located within the Town of Stony Point shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or Assistant, Building Inspector or subordinate with code enforcement authority within five days of the service of written notice as provided in Subsection C below or as otherwise provided in the notice.
B.
Any person responsible for the creation of an offense under this chapter affecting a public street or other public property within the Town of Stony Point shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or Assistant, Building Inspector or subordinate with code enforcement authority within five days of the service of written notice as provided in Subsection C below or as otherwise provided in the notice.
C.
All written notice under this section shall be served on the owner,
tenant or occupant of any property located within the Town of Stony
Point by posting a copy of such violation notice upon the front portion
of the property or upon the main structure and by mailing a copy of
such notice by ordinary mail to the owner of the property as shown
on the latest assessment rolls of the Town. In the case of any person
responsible for the creation of an offense existing upon a public
street or public property, notice may be personally served on such
person or mailed by ordinary mail to such person at such person's
last known address. If directed against a corporation, notice may
be served upon the corporation at its principal place of business,
upon an agent of the corporation within the Town of Stony Point or
upon the Secretary of State.
D.
The Building Inspector and his subordinates with code enforcement authority shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties other than public property, and such officer shall provide written notice of noncompliance to the owner, tenant or occupancy as provided in Subsection C, which shall require the removal within five days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure or as otherwise provided in the notice.
[Amended 4-26-2022 by L.L. No. 2-2022]
A.
Any person failing to comply with a lawful order pursuant to this
chapter or committing an offense against any provision of this chapter
shall be guilty of a violation. In addition to any other penalty or
remedy herein provided, each and every violation of this chapter shall
be punishable as follows:
(1)
For a first conviction thereof: by a fine not less than $200 nor
more than $500 or by imprisonment for a term not exceeding 15 days,
or by both fine and imprisonment.
(2)
For a second conviction thereof within 12 months: by a fine of not
less than $200 nor more than $2,500, or by imprisonment for a term
not exceeding 15 days, or by both fine and imprisonment.
B.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
C.
In addition to the above-provided penalties and punishment, the Town
of Stony Point may also maintain an action in any court of competent
jurisdiction to compel compliance with this chapter by injunction
or other action.
A.
Upon the failure of an owner, tenant or occupant to comply with a
notice to correct a condition complained of concerning nuisance, hazard
or litter, the Town Board may hold a public hearing. The public hearing
shall be held upon notice posted conspicuously on the affected property
and forwarded to the last known address of the property owner, as
it appears on the current tax records of the Town, by certified mail,
return receipt requested. Posting and service of such notice shall
be not less than 15 days prior to the date of such hearing.
B.
The Town Board, after a public hearing as provided in Subsection A, may cause any nuisance, hazard or litter as defined in this chapter, any vehicle parked or stored in violation of this chapter, or any show card, poster or other advertising device fastened upon any public or private property in the Town of Stony Point in violation of this chapter, to be removed from any property within the Town of Stony Point. Said removal may be performed by the Building and Grounds Department or the designee, including but not limited to a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of the removal, and such costs shall be charged and assessed against the owner 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 to the Town charges.
C.
The removal of any nuisance, hazard or litter by the Town of Stony
Point or its agents shall not operate to excuse such owner, tenant
or occupant from properly maintaining any premises as required by
this chapter, and such owner, tenant or occupant shall, notwithstanding
such action, be subject to any other penalties provided herein.
D.
The Town Board, after a public hearing as provided in Subsection A, may repair and/or replace any personal or real property belonging to the Town of Stony Point or any person within the Town that has been marred, cut, marked, removed, tampered with, injured, defaced or destroyed as provided in §§ 161-6 and 161-7. Said repair and/or replacement may be performed by the Building and Grounds Department or the designee, including but not limited to a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of the repair and/or replacement, and such costs shall be charged and assessed against the person or persons responsible for any injury to and/or tampering with any property as provided for in §§ 161-6 and 161-7.
E.
The repair and/or replacement of any personal or real property as provided for in Subsection D by the Town of Stony Point or its agents shall not operate to excuse any person or persons responsible for any injury to and/or tampering with any property as provided for in §§ 161-6 and 161-7, and such person or persons shall, notwithstanding such action, be subject to any other penalties provided herein.
A.
Upon failure to respond and comply with the requirements of the notices described in § 161-8C within five days from posting and mailing, or within 48 hours if personally served with notice, the Building Inspector, Fire Inspector or Code Enforcement Official will perform an inspection of the premises and submit a detailed report to the Town Board describing the level of nuisance or hazard as defined in § 161-3. The Official will further investigate and detail the circumstances of the abandonment of the premises, as well as perform due diligence regarding the current status of the property. The report will also contain the scope of the work required to remove any imminent nuisance or hazard to the health, safety and welfare of the neighboring properties, residents and the public at large.
B.
Upon receipt and review of the report, the Town Board may, by resolution
and without public hearing, authorize the necessary work to be done
and pay the cost thereof, and any related expenses, out of general
Town funds appropriated by the Town Board for such purpose.
C.
The Town shall seek reimbursement for the cost and expenses of the
work performed or the services rendered through any means permitted
by law and/or by assessment against the owner 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 as other Town
charges in the manner provided for the assessment of the cost of public
improvements pursuant to Article 4, § 64, 5-a, of the Town
Law of the State of New York (general powers of Town boards, removal
of fire and health hazards and weeds), as amended.
A.
Upon failure to respond and comply with the requirements of the notices described in § 161-8C within five days from posting and mailing, or within 48 hours if personally served with notice, the Building Inspector, Fire Inspector or Code Enforcement Official will perform an inspection of the premises and submit a detailed report to the Town Board describing the level of inadequate landscaping as defined in § 161-3. If the property is vacant or abandoned, the Official will further investigate and detail the circumstances of the abandonment of the premises, as well as perform due diligence regarding the current status and occupation of the property. The report will also contain the scope of the work required to remove any grass, ground cover in excess of 10 inches in height and any weeds, shrubbery, bushes, or trees that are noxious, dead or diseased constituting a hazard to the health, safety and welfare of the neighboring properties, residents and the public at large.
B.
Upon receipt and review of the report, the Town Board may, by resolution
and without public hearing, authorize the necessary work to be done
and pay the cost thereof, and any related expenses, out of general
Town funds appropriated by the Town Board for such purpose.
C.
The Town shall seek reimbursement for the cost and expenses of the
work performed or the services rendered through any means permitted
by law and/or by assessment against the owner 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 as other Town
charges in the manner provided for the assessment of the cost of public
improvements pursuant to Article 4, § 64, 5-a, of the Town
Law of the State of New York (general powers of Town boards, removal
of fire and health hazards and weeds), as amended.
