[HISTORY: Adopted by the Town Board of the
Town of Chenango 5-1-2006 by L.L. No. 2-2006. Amendments noted where
applicable.]
It is the intent of the Town of Chenango to
take actions regarding deteriorating, unsightly and dangerous conditions
of land and/or any structures thereon. Deterioration, unsightly and/or
dangerous conditions within the Town become a determent to adjoining
buildings, properties and neighborhoods and therefore constitute a
nuisance. Such nuisances interfere with the promotion of good order,
peace, health, safety and the general welfare of residents of the
Town. Further, the lack of maintenance and progressive deterioration
of certain properties and structures have the additional effect of
creating blighting conditions, which if allowed to go unabated will
lead to reduced property values and harm to the community as a whole.
Words defined for the purpose of this chapter:
Any vacant or improved lot, piece or parcel of real property
abutting on any sidewalk, highway or public place, or any private
property within the Town of Chenango.
Accumulations that are covered with tarps, pieces of canvass
or similar types of material; accumulations that are placed within
or under wooden or similar types of open structures.
The person to whom title for the particular lands or premises
in the Town of Chenango is vested. The Town of Chenango shall be permitted
to rely upon the name of the person appearing on the latest assessment
roll as evidence of ownership.
The occupant, tenant, person in possession, corporation,
owner or the agents, and employees who physically occupy any lands
in the Town of Chenango.
A.
The exterior of all residential dwellings and secondary
structures shall be maintained so that the premises and all secondary
buildings shall reflect a level of maintenance. Such maintenance shall
include all exposed exterior surfaces maintained free of broken or
cracked glass, loose shingles, loose, broken deteriorated or missing
siding, loose or crumbling stones or bricks, loose shutters, loose
railings, excessive peeling of paint or other conditions reflective
of deterioration or inadequate maintenance. Said conditions shall
be corrected by repair or removal. All exposed exterior surfaces of
structures not inherently resistant to deterioration shall be coated,
treated or sealed to protect them from deterioration or weathering.
B.
There shall be no accumulation of any junk, garbage,
rubbish, wastewater, raw sewage, animal waste, wastepaper, paper or
paper boxes, construction material, iron, tin, nails, bottles or glass
of any kind, old cars and parts thereof, discarded appliances, and
any other similar items, upon lands owned by said owner or occupied
by said resident.
C.
There shall be no open storage of any household items,
junk, garbage, rubbish, animal waste, wastepaper, paper or paper boxes,
construction material, iron, tin, nails, bottles or glass of any kind,
old cars and parts thereof, discarded appliances, and any other similar
items, upon lands owned by said owner or occupied by said resident.
D.
No structure to house an animal (doghouse, case, etc.)
may be placed in front of a principal dwelling.
The Code Enforcement Officer is hereby designated
as the officer charged with enforcement of this chapter and is hereby
authorized to issue violation notices and appearance tickets. Whenever
the Enforcement Officer determines that there is or has been a violation
of any provision of this chapter, he/she shall give notice of such
violation to the person, persons or entities responsible. Such notice
shall be deemed to be properly and sufficiently served if a copy thereof
is sent by registered or certified mail to the last known address
of the person or entity upon which the same is served, as shown by
the most recent assessment roll of the Town. The notice shall state
that unless the violation is abated, removed, cured, corrected or
desisted from within 30 days of the date of service of such notice,
exclusive of the date of service, an appearance ticket shall be issued
for such violation. The Enforcement Officer may extend the period
for compliance if the condition violated cannot reasonably be effected
within the thirty-day period, and in such cases, the Enforcement Officer
shall state such reasonably required extended period in the notice.
A.
Nothing contained in this chapter shall be construed
or interpreted as limiting the authority of the Town to take all steps
reasonable or necessary to promote and protect the public health,
safety and welfare of the residents of the Town.
B.
The failure or omission by the Town to undertake to
provide services shall not create any liability attributable to the
Town. Any duty on the part of the Town pursuant to this chapter is
a general duty of the Town. No person is authorized to create or imply
or to assume or infer a special duty by the Town.
C.
The New York State Property Maintenance Code supersedes
anything in this chapter that is construed or interpreted as being
less restrictive than the aforementioned State Property Maintenance
Code.
[Amended 5-5-2014 by L.L. No. 2-2014]
A.
A violation of this chapter shall be punishable by a fine of up to
$250 per violation or by imprisonment for up to 15 days, or both.
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.
B.
In addition to the penalties hereinabove provided for, the Town may
recover all expenses and costs incurred by the Town for attorneys'
fees, engineering fees, consultant fees and/or court or litigation
costs to enforce the provisions of this chapter, which shall be an
expense and obligation of the owner of the property, including its
individual officers, managers, partners, members, and shareholders,
and, alternatively or in conjunction herewith, shall be assessed and
levied upon the real property as a lien and charge until paid or otherwise
satisfied or discharged and shall be collected otherwise by the institution
of a special proceeding to collect the costs hereinabove.
A.
This chapter shall take effect upon filing with the
New York State Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
B.
Severability. The invalidity of any section or provision
of this chapter shall not invalidate any other section or provision
thereof.
C.
Repealer. All resolutions or ordinances or portions
thereof of the Town of Chenango heretofore adopted not consistent
with this chapter, in whole or in part, are hereby repealed.
