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:
LANDS
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.
OPEN STORAGE
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.
OWNER
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.
RESIDENT
The occupant, tenant, person in possession, corporation,
owner or the agents, and employees who physically occupy any lands
in the Town of Chenango.
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.
[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.