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:
CITY
Includes all areas within the City of Cortland, including
both public and private areas.
COMMERCIAL VEHICLE
All trucks, vans, construction equipment and limousines bearing
commercial license plates that are in excess of four tons net weight.
DETERIORATION
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.
EXPOSED TO PUBLIC VIEW
Any premises or part of any premises which may be lawfully
viewed by the public or any member thereof.
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
EXTERMINATION
The control and elimination of insects, rodents and vermin.
FRONT YARD
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.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
INFESTATION
The presence of rodents, vermin, insects or other pests on
the premises which constitutes a health hazard.
JUNK VEHICLE
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:
(1)
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
(2)
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
(3)
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
(4)
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.
NUISANCE[Amended 12-20-2016 by L.L. No. 9-2016]
(1)
Any condition so defined by City law, the statutes of the State
of New York or the ordinances of the City of Cortland.
(2)
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.
(3)
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
(4)
Conditions which render air, food or drink unwholesome or detrimental
to the health of human beings.
(5)
Byproducts of clandestine labs, including but not limited to
meth.
OCCUPANT
Any person having actual possession of a premises.
OPEN STORAGE
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.
OWNER
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.
PERSON
Includes natural persons, corporations, partnerships, unincorporated
association or any other organization of two or more persons.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
REFUSE
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.")
REPAIR SETTLEMENT
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.
UNOCCUPIED BUILDING
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.
WRECKER
Any business operating a vehicle for towing or hauling other
motor vehicles.
WRECKER-COMMERCIAL GARAGE
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.