[HISTORY: Adopted by the Common Council of
the City of Norwich 7-18-2000 by Ord. No. 4-2000 (Ch. 22 of the 1967
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 172.
Unsafe buildings — See Ch. 178
Uniform construction codes — See Ch. 199.
Electrical standards — See Ch. 227.
Housing standards — See Ch. 310.
Nuisances — See Ch. 364.
Plumbing and heating standards — See Ch. 392.
Sewer use — See Ch. 456.
Solid waste and recycling — See Ch. 474.
Streets and sidewalks — See Ch. 486.
Trees — See Ch. 507.
Abandoned vehicles — See Ch. 519.
Zoning — See Ch. 575.
This chapter shall be known as the "Property
Maintenance Ordinance of the City of Norwich" and may be referred
to in the short form as the "Property Maintenance Ordinance" or in
this chapter as "this ordinance."
It is hereby found and declared that there exist,
in the City, 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 City. 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 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 the maintenance
of or creation of hazards to the public health or 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 these provisions.
Every residential and nonresidential structure
and the premises on which they are situated in the City 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.
A.
In any
case where the provisions of this chapter impose a stricter standard
than that set forth in any law of the City 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 law of the City or of the laws of the State of New York,
then the stricter standard contained in any such other ordinance or
law shall prevail.
Nothing in this chapter shall be deemed to abolish
or impair existing legal remedy 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.[1]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, be defined as follows:
Items also referred to as "white goods" but not limited to
refrigerators, stoves, fans, washers, dryers or any metal cabinet
unit, whether using electric, gas or other fuels as the means of operation,
including those units used for the heating of buildings or water thereto,
televisions sets and other major appliances.
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 City of Norwich Code Enforcement Officer/Fire Marshal
or his authorized representative shall be the enforcement officer.
[Amended 5-20-2008 by Res. No. 53-2008]
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, 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 extinguishing of fire.
The reckless or intentional misuse of a fire alarm system
resulting in an activation of the system, but does not include the
activation of a fire alarm system under circumstances that would have
caused a careful or prudent person to believe that a fire-related
emergency was in progress at the owner's building, or in circumstances
where the owner has notified the Fire Department in advance of work
being done on the fire alarm system that could cause a false fire
alarm.
[Added 5-5-2020 by Ord.
No. 1-2020]
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
York, any of its agencies or this chapter; 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.
The activation of a fire alarm system through a mechanical
failure, equipment malfunction, or improper maintenance or installation
of the system, but does not include the activation of a fire alarm
system where the activation occurred as a result of accidental damage
to the system or a weather-related activation.
[Added 5-5-2020 by Ord.
No. 1-2020]
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 chapter.
Any person, persons or entity not the owner, who 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 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 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 is a lessee, sublessee or assignee of a lessee 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 section 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.
Owners, operators and occupants shall have all the
duties, obligations and responsibilities prescribed in this chapter,
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 chapter that another
owner, operator or occupant or any other third person or entity is
also responsible therefor and in violation thereof.
B.
No owner or occupant of a lot or building shall allow
a building or structure to be maintained with graffiti or other defacing
materials on it and shall promptly remove such graffiti or defacing
material from the building or structure.
C.
No owner or occupant of a lot or building shall allow
any fence, shed or accessory building or structure to be in a state
of disrepair and shall either remove or repair such accessory building
or structure within a reasonable time.
D.
No business shall allow any shopping baskets, carts
or wagons to be left unattended or standing in open areas of their
property or any property in the City of Norwich. All such items shall
be collected and returned to the business from which it was removed
by either the business owner or user of the shopping basket, cart
or wagon.
A.
No shopping baskets, carts or wagons shall be left
unattended or standing in open areas. All such items shall be collected
at the close of each business day and moved to the interior of the
building or arranged neatly against the building and secured against
removal by chains or other appropriate devices; this shall also apply
to those businesses open 24 hours per day and shall require compliance
during the hours of 10:00 p.m. to 6:00 a.m.
C.
All business dealing with the sale of appliances shall
maintain an area shielded from public view by appropriate landscaping
or architectural screening for the storage of unusable, junked, inoperative
or disabled appliances.
D.
Shopping centers, supermarkets and similar businesses
shall provide permanent trash receptacles on the premises for public
use at fifty-foot intervals along the front of the building.
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 Chapter 310 of the Code of the City of Norwich. Garbage containers shall be permitted adjacent to the roadway no earlier that the night before or the day of pickup only.
(2)
Unsafe structures: structurally unsafe or unsound
buildings, abandoned structures, fences, 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 major 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, constitute a hazard to persons in the vicinity
thereof. Trees shall be kept pruned and trimmed to prevent such condition.[1]
(5)
Overhangings: 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
water or groundwater 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 as defined in this chapter.
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,
hand rails, steps, walls, overhangs, roofs, fences, supporting members,
timbers, abutments, fire escapes, signs and loose, crumbling or failing
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, rotten,
missing or substantially destroyed window frames and sashes, door
frames, exterior doors or other junior exterior component parts of
building or structures. All broken windows or window glass shall be
replaced in kind or of a material approved by the Fire Chief.
(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, sidewalks, walkways, 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.
[Amended 5-20-2008 by Res. No. 53-2008]
A.
Code enforcement. It shall be the duty and responsibility
of the Code Enforcement Officer/Fire Marshal, as the Code Enforcement
Officer (CEO) of the City of Norwich, to enforce the provisions of
this chapter as herein provided. "Code Enforcement Officer" throughout
this chapter shall also mean subordinates of the City of Norwich Code
Enforcement Officer/Fire Marshal.
B.
Coordination of enforcement. Inspection of premises
and the issuing of orders in connection therewith under the provisions
of this chapter shall be the exclusive responsibility of the CEO of
the City of Norwich. Wherever, in the opinion of the CEO, 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 chapter shall be issued without the approval
of the CEO.
C.
Inspections. The Code Enforcement Officer shall conduct
no inspection on any lands, for compliance with this chapter, where
to do so would constitute a trespass upon the premises or the neighboring
premises. All inspections shall be conducted from the vantage of a
public sidewalk, street or other public lands or shall be with the
consent of the person, partnership, corporation or other entity being
the owner or in control of or in charge of premises adjoining the
subject premises and affording a vantage of the subject premises.
D.
Code enforcement procedure. Whenever a Code 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 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 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, 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.
The Code Enforcement Officer may extend the period for compliance
with the requirements of this section 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 Code 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 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. The Common Council and Mayor must
approve any extension beyond 60 days.
E.
Emergency conditions. Whenever the Enforcement Officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of 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 provision of this chapter 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 or the hearing officer designated by him as soon as is reasonably possible. After such hearing and decision by the said hearing officer as to the existence or nonexistence of the emergency condition, the Mayor or his designated hearing officer 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 shall violate any of
the provisions of this chapter 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 chapter
is found to be in conflict with or inconsistent with a provision of
any zoning, building, fire, safety, or health ordinance or the Code
of the City of Norwich existing on the effective date of this chapter,
the provision which establishes the higher standard for the promotion
of the health and safety of the people shall prevail; in any case
where a provision of this chapter is found to be in conflict with
a provision of an ordinance or the Code of the City of Norwich existing
on the effective date of this chapter which establishes a lower standard
for the promotion and protection of the safety, health and welfare
of its inhabitants, the provisions of this chapter shall be deemed
to prevail, and such other ordinances or codes are hereby declared
to be repealed to the extent that they may be so found to be in conflict
with this chapter.
A.
The Common Council, by resolution, may cause any nuisance,
hazard or litter as herein defined to be removed from any property
within the City of Norwich upon the failure of such owner, tenant
or occupant to comply with the written notice aforementioned within
the time limit. The Department of Public Works or other designee,
including a private contractor, may perform said removal. The Common
Council 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 City charges.
B.
The removal of any nuisance, hazard or litter by the
City of Norwich or its designee shall not operate to excuse such owner,
tenant or occupant from properly maintaining their property as here
in above 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 binding requirements
for all public contracts contained in the laws of the State of New
York.
[Added 5-5-2020 by Ord.
No. 1-2020]
A.
An alarm is considered false if it is determined that the alarm was
caused through:
B.
When is an alarm not considered false?
(1)
An alarm will not be considered false if it is determined that the
alarm was caused by:
(2)
Whenever Fire Department personnel respond to an activated fire alarm
system, the fire official in charge of the incident shall determine
if the response was caused by a false alarm and shall indicate that
fact upon the incident report.
[Added 5-5-2020 by Ord.
No. 1-2020]
A.
The Fire Department shall regularly review incident reports to monitor
the accumulation of false alarms at any one location. When three false
alarms have occurred at the same location within six months, and the
location is within the area of the Fire Department protection district,
the Fire Department/Codes Office shall notify the fire alarm user
by letter, citing the location and date of each false alarm. The letter
shall recommend that appropriate action be taken on the part of the
fire alarm user to alleviate the causes of false alarms and shall
include a statement that an accumulation of more than two additional
false alarms within six months shall result in a charge for services.
B.
When five false alarms have occurred at one location within a year,
a user fee of $100 for service for false alarm response shall be billed
to the property owner. Each additional false alarm within the year
of up to three false alarms shall require the billing of an additional
fee of $100. If payment of the fee, in full, has not been received
within 30 days of billing, the fee shall increase to $300.
C.
If the system is not repaired and continues to malfunction after
the three $100 charges, the fee for each activation shall increase
to $250. However, no fire alarm user shall be charged with accumulating
more than one false alarm in any twenty-four-hour period. The fee
established by this section affords only partial recovery of the expenses
incurred in responding to the false alarm. If payment of the fee,
in full, has not been received within 30 days of billing, the fee
shall increase to $500.
D.
Any accumulated unpaid fees outstanding by October 31 of each year
will be added to the property tax bill.
[Added 5-5-2020 by Ord.
No. 1-2020]
Any person may appeal the imposition of a false alarm user fee
to the Fire Chief, Code Enforcement Officer or their designees. Such
appeals shall be in writing and shall be made to the City representatives
within 10 days of the date of notification of the fee.
