[HISTORY: Adopted by the Board of Trustees of the Village of McGraw 3-5-2013 by L.L. No. 2-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 74.
Unsafe buildings — See Ch. 76.
[1]
Editor's Note: This chapter was originally adopted as Ch. 75 but was renumbered in order to retain the alphabetical organization of the Code.
The definition of exterior property areas within the Village of McGraw shall include all of the exterior areas of an owner's property not contained within buildings. These areas include, but are not limited to, yards, walkways, stairs, driveways, and exterior porches.
A. 
All exterior areas of property shall be maintained in a sanitary condition. "Sanitary condition" shall be defined as any condition that shall not encourage the propagation of noxious odors, rodents or the spread of disease.
B. 
For the purposes of this chapter the words "garbage," "trash," "rubbish," "waste," and "refuse" shall be used interchangeably, and collectively shall refer to wet or dry matter that has been discarded, that has been gathered together to be discarded, or that has not been discarded but is being piled or stored (such as, but not limited to, the outside storage of bagged clothing or upholstered furniture). Activities that shall not be allowed under this chapter include, but are not limited to, the outside piling, discarding and/or storage of bagged or unbagged garbage, clothing, upholstered furniture, or appliances.
C. 
Composting, wherein biodegradable food items are turned over within the soil, is not prohibited by this chapter.
D. 
Disposal of trash. The placing of items for disposal at curbside for regularly scheduled pickup is not prohibited. However, such temporary storage for the purpose of scheduled pickup may not exceed seven days. All items that can fit into lidded receptacles at curbside must be placed inside lidded receptacles.
A. 
The owner and/or trustee of the premises shall maintain the exterior property in compliance with these requirements. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping sanitary that part of the premises that they occupy or control. A person shall not occupy, or permit another person to occupy, premises which are not in a sanitary condition. It is the responsibility of the owner, trustee and/or occupant to transport bagged garbage or garbage placed in lidded receptacles to a disposal facility or to arrange for its pickup and disposal. Such temporary storage may not exceed seven days.
B. 
Absentee owners. In cases where the owner, trustee and/or occupant is absent from the Village, all notices provided for herein shall be sent by registered mail to such parties, directed to the last-known address of the parties, and a copy of such notice shall be posted in a conspicuous place on the front of the premises to which it relates. Such mailing and posting shall be deemed adequate service.
In situations where it reasonably appears that there is danger to the life or safety of any person unless an unsanitary condition, as defined herein, is immediately remedied, the Code Enforcement Officer shall report such facts to the Board of Trustees, and the Board of Trustees shall cause the immediate remediation of the unsanitary condition. The cost of such emergency remediation shall be collected pursuant to New York State General Municipal Law, Article 6, § 120-CC(1) which allows charges for municipal solid waste collection to be included in the annual tax levy, together with interest. For the purposes of this section, "danger to life or safety" is defined as danger too serious to risk delay to cure. The emergency situation must exist currently, and cannot be merely a possibility.
No officer, agent or employee of the Village of McGraw shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. However, no officer, agent or employee of the Village, including the Code Enforcement Officer, may trespass onto private property for the purposes of this chapter absent exigent circumstances.
A. 
The violation of any of the provisions of this chapter by a property owner, trustee or occupant shall be considered a violation pursuant to the New York State Penal Law.
B. 
Notice of violations shall be issued by the Village of McGraw, in writing. Personal service, or service by registered mail, directed to the last-known address of the owner/trustee, and/or occupant, and a copy of such notice posted in a conspicuous place on the front of the premises to which it relates, shall be deemed adequate service.
C. 
The violator of any of the provisions of this chapter shall also be subject to a fine of not more than $250 or imprisonment of not more than 15 days, or both such fine and imprisonment as provided in the New York State Penal Law. Changes to the New York State Penal Law (the raising of fines and/or terms of imprisonment) shall automatically increase the penalty under this chapter to match that of the New York State Penal Law.
D. 
Every 14 days for which there has been a failure to cure after written notice has been given by the Village of McGraw shall count as a new violation.