A.
Title. This chapter shall be known as the "Property Maintenance Code
of the City of Cortland" and may be referred to in this chapter in
the short form as the "code" or "chapter."
B.
Findings and declaration of policy. Experience and observations have
shown that lack of maintenance of real property may lead to progressive
deterioration and loss of property values. Through the establishment
of the regulations and restrictions contained herein, the desirability
of residential and nonresidential uses and the amenities of neighborhoods
will be enhanced and the general health, safety and welfare of all
residents will be fostered and protected.
C.
Purpose.
(1)
The purpose of this chapter is the following:
(a)
To protect the public health, safety and welfare by establishing
minimum standards governing the maintenance, appearance and condition
of residential and nonresidential premises.
(b)
To fix certain responsibilities upon owners, operators, occupants
and other persons.
(c)
To authorize and establish procedures for the inspection of
residential and nonresidential premises.
(d)
To fix penalties for the violations of this chapter and provide
procedures for correcting violations in those cases requiring City
action.
(e)
This chapter is hereby declared to be protective, preventive
and essential for the public interest, and it is intended that this
chapter be liberally construed to effectuate the purposes stated herein.
(f)
This chapter replaces the previous property maintenance code.
B.
CITY
COMMERCIAL GARAGE
COMMERCIAL VEHICLE
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
FRONT YARD
GARBAGE
INFESTATION
JUNK VEHICLE
(1)
(2)
(3)
(4)
NUISANCE
(1)
(2)
(3)
(4)
(5)
OCCUPANT
OPEN STORAGE
OWNER
PERSON
PREMISES
REFUSE
REPAIR SETTLEMENT
UNOCCUPIED BUILDING
WRECKER
WRECKER-COMMERCIAL GARAGE
The following terms, wherever used herein or referred to in this
chapter, shall have the respective meanings assigned to them, unless
a different meaning clearly appears from the context:
Includes all areas within the City of Cortland, including
both public and private areas.
Any business repairing motor vehicles or any part thereof.
All trucks, vans, construction equipment and limousines bearing
commercial license plates that are in excess of four tons net weight.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, crackling, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any premises or part of any premises which may be lawfully
viewed by the public or any member thereof.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents and vermin.
That space on the same lot with a principal building situated
between the front street line or lines and the front line of the building
projected to the side property lines. The depth of the front yard
shall be measured along a line perpendicular to the front street line
or right-of-way line from the point of the foundation of the structure
or building closest from such street line.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The presence of rodents, vermin, insects or other pests on
the premises which constitutes a health hazard.
Any motor vehicle, whether automobile, bus, trailer, truck,
tractor, mobile home, motorcycle, motor bicycle, minibicycle or snowmobile,
or any other contraption originally intended for travel on the public
highways which is abandoned, stored, left or located by its owner
or any other person, or is permitted or condoned to be abandoned,
stored, left or located by its owner or any other person, on public
or private premises in the City of Cortland, outside any establishment
duly licensed by the City of Cortland for the storage of junk vehicles
which:
Is not registered by the State of New York for operation on
public highways and which has not been registered during the preceding
12 months; or
Is not currently registered and not in a condition for legal
use on the public highways; a vehicle which is in condition to pass
the requirements for the New York state motor vehicle inspection sticker
shall be deemed to be in condition for legal use on the public highways
(the lack of a current registration or a current inspection permit
shall not be considered in determining whether a vehicle is in such
condition); or
Is no longer intended to be used on the public highways, the
condition of the vehicle and circumstances surrounding its storage
or abandonment being admissible for purposes of determining such intent;
or
Is being held or used for the purpose of resale of used parts
therefrom or for the purpose of reclaiming for some or all of the
materials therein, or for the purpose of disposing of the same.
[Amended 12-20-2016 by L.L. No. 9-2016]
Any condition so defined by City law, the statutes of the State
of New York or the ordinances of the City of Cortland.
Any condition that may prove attractive but detrimental to the
health or safety of children, whether in a building on the premises
or upon an unoccupied lot.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Conditions which render air, food or drink unwholesome or detrimental
to the health of human beings.
Byproducts of clandestine labs, including but not limited to
meth.
Any person having actual possession of a premises.
Storage other than in a completely enclosed structure, such
as a garage, and such structure shall be constructed in accordance
with the City of Cortland building code.
Any person or entity who, alone or jointly or severally with
others, has legal or equitable title in any form to any premises,
with or without actual possession thereof, or who shall have charge,
care or control of any dwelling or premises as owner or agent of the
owner, including but not limited to a fiduciary, executor, administrator,
trustee, receiver or guardian of the estate or as a mortgagee in possession.
Includes natural persons, corporations, partnerships, unincorporated
association or any other organization of two or more persons.
A lot, plot or parcel of land, including the buildings or
structures thereon.
All nonputrescible solid wastes, including but not limited
to abandoned vehicles and recreational equipment and parts thereof,
abandoned machinery and parts thereof, household furnishings, dead
animals, debris, junk, appliances, rubbish, scrap lumber, stumps,
tires, trash, grass and yard clippings. (See also "garbage.")
Determination by whatever means, including settlement of
a claim, arbitration or legal action that any person other than the
owner of a vehicle is liable to pay or will pay for the repair of
damage to a vehicle resulting from any vehicular accident.
An "unoccupied building" shall mean any structure intended
for residential or commercial use which is not currently occupied
or in use. For the purpose of the enforcement of this chapter, a presumption
shall exist that a structure unoccupied for six months or more is
not currently occupied/in use.
Any business operating a vehicle for towing or hauling other
motor vehicles.
Any business operating as a wrecker and as a commercial garage
or any two businesses operating such two businesses from the same
parcel of property or any two such businesses having 50% common ownership.
All structures and premises, residential, commercial and industrial
shall comply with the provisions of this chapter, whether or not those
structures and premises have been constructed, altered or repaired
before or after the enactment of this chapter and irrespective of
any permits or licenses which may have been issued for their use or
occupancy prior to the effective date of this chapter. Unoccupied
lots, lands and premises are also required to comply with the provisions
of this chapter.
In any case where the provisions of this chapter impose a stricter
standard than set forth in any other ordinance of the City of Cortland
or under the laws or regulations of the State of New York, then the
standards as set forth herein shall prevail. If the provisions of
this chapter impose a lower standard than any other ordinance of the
City of Cortland or of the laws and regulations of the State of New
York, then the higher standard contained in any such ordinance or
law shall prevail.
No certification of compliance with this chapter shall constitute
a defense against any violation of any other ordinance of the City
of Cortland applicable to any structure or premises.
A.
Owners. Owners shall have all the duties and responsibilities as
prescribed in this chapter, and no other owner shall be relieved from
any such duties and responsibilities nor be entitled to defend against
any charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
B.
Occupants. Occupants shall have all the responsibilities and duties
as prescribed in this chapter, and the occupant shall not be relieved
from any such duties and responsibilities nor be entitled to defend
against any charge of violation therefor and in violation thereof.
C.
Contract not to alter responsibilities. Unless expressly provided
to the contrary in this chapter, the respective obligations and responsibilities
of the owner on the one hand and the occupant 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.
