It is the purpose of this chapter to ensure that property within the Town of Rotterdam is maintained in a safe and sanitary condition so as to not pose a threat to public health or property. It is also the intent of this chapter to promote and enhance properties within the Town of Rotterdam.
The provisions of this chapter shall supplement all local laws, ordinances, codes or regulations existing in the Town of Rotterdam and other statutes and regulations of municipal authorities having jurisdiction applicable hereto. Where a provision of this chapter is found to be in conflict with any provision of an existing local law, ordinance or regulation, the provision or requirement of this chapter shall prevail.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.
JUNK Discarded, broken or disabled material, including, but not limited to, furniture; appliances; toys; or other items that are not in functioning condition.
LITTER Discarded waste materials, including, but not limited to, paper wrappings; packaging materials; discarded or used bottles; and discarded or used cans.
MOTOR VEHICLE All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
OWNER Any person owning property, as shown on the real property records of Schenectady County or on the last assessment roll for taxes, and shall also mean any lessee, tenant or other person having control or possession of the property.
PROPERTY A lot, plot or parcel of land, including any structures thereon.
STRUCTURE A building or structure which is not currently inhabited or occupied and to which access to the interior thereof may be gained by reason of open, unlocked or broken windows or doors, or because of other physical deterioration or damage thereto.
TRASH Waste food products and other household garbage.
VERMIN Various small animals, such as rats, that may be destructive or injurious to health.
No person owning, leasing, renting, occupying, being in possession of, or having charge of any property in the Town, including vacant lots, shall maintain or allow to be maintained on such property, except as may be permitted by any other Town ordinance, any of the following conditions:
A. Junk, trash, litter, boxes, discarded lumber, salvage materials, or other similar materials in any front yard, side yard, rear yard or vacant lot;
B. Attractive nuisances dangerous to children, including, but not limited to, abandoned, broken or neglected equipment, machinery, refrigerators and freezers, excavations, wells or shafts;
C. Broken or discarded furniture, household equipment and furnishings in any front yard, side yard, rear yard or vacant lot;
D. Shopping carts in any front yard, side yard, rear yard or vacant lot of any property;
E. Graffiti or signs, not in compliance with the Town Zoning Code, on the exterior of any building, fence or other structure in any front yard, side yard or rear yard or vacant lot;
F. Vehicle component parts or other articles of personal property which are discarded or left in a state of partial construction or repair in any front yard, side yard, rear yard or vacant lot;
G. Any accumulation of weeds, brambles, berry vines, or other vegetation which is over-growing any structure or which exceeds an average height of 10 inches, except that which is kept in a neat and orderly manner for human consumption, or any accumulation of dead organic matter, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constituting fire, health or safety hazards; however, this does not apply to cultivated flowers or gardens. Properties in A-1 are excluded from this requirement; however, they must conform to all other pertinent sections of the Town Code.
H. Dilapidation or state of filthiness or uncleanness of any dwelling or other structure which endangers health or life or which permits entrance by rats, mice or other rodents, or by which conditions it attracts rats and other vermin.
I. The active selling of motor vehicles in a residential zone is limited to two motor vehicles within a given calendar year.
J. No inoperative or unlicensed motor vehicles shall be parked, kept or stored in open sight on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
[Added 2-13-2019 by L.L. No. 2-2019]
(1) Exception. A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
(2) Exception. Properties located within Schenectady County Agricultural District may have one unlicensed motor vehicle that is utilized in an agricultural operation.
During the development, improvement or construction of any site for any purpose, the owner and applicant, as identified on the building permit application, shall take appropriate measures to ensure the following:
A. Dust, blowing sand, dirt, and sediment shall be controlled so as not to pose a nuisance, health, or safety risk to motorists or neighboring property owners.
B. Erosion and siltation shall be confined to the site being developed. Neighboring properties and roadways shall not be impacted by erosion, blowing sand, dirt, or siltation as a result of construction activities.
C. Construction debris/litter shall be confined on the site so as not to impact neighboring properties and roadways.
An occupant of the premises shall be responsible for compliance with this chapter in regard to the following:
A. Maintenance of that part of the premises which is occupied or controlled in a clean, sanitary and safe condition.
B. Keeping exits from the building or apartment clear and unencumbered from their possessions.
C. Daily disposal of garbage and refuse into provided facilities in a clean and sanitary manner.
D. Providing for safe and sanitary deposition and storage of newspapers, glass, plastic products, yard clippings, and any other item required to be recycled in accordance with other Town laws, ordinances, codes or rules.
E. Keeping domestic animals and pets in an appropriate manner and under control.
[Amended 6-12-2013 by L.L. No. 7-2013]
A. Any person, firm or corporation who shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction thereof, be punished by a fine of no less than $500 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,500 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both. Each day of continued violation shall constitute a separate, additional offense.
B. The cost of cleanup of the property shall be assessed as a lien against the property taxes.
C. Administrative fee: $50 per incident of noncompliance.