[HISTORY: Adopted by the Town Board of the
Town of Goshen 9-27-1990 by L.L. No. 8-1990; amended in its entirety 8-14-2014 by L.L. No.
3-2014. Subsequent noted where applicable.]
Multifamily premises, commercial premises and single-family
residences shall be maintained in conformity with the provisions of
this chapter. The purpose of this chapter shall be to:
A.
Provide
for the public health, safety and welfare.
B.
Avoid,
prevent and eliminate the maintenance or creation of hazards to the
public health or safety.
C.
Avoid,
prevent and eliminate conditions which, if permitted to exist or continue,
will depreciate or tend to depreciate the value of adjacent or surrounding
properties.
D.
Prevent
the creation, continuation, extension or aggravation of blight.
E.
Preserve
property values in the Town.
F.
Prevent
the physical deterioration or progressive downgrading of the quality
of housing facilities in the Town.
G.
Maintain
the value and economic health of the commercial properties and businesses
that serve and help to support the Town and its citizens.
H.
Prevent
and eliminate physical conditions in or on property which constitute
nuisances and are thereby potentially dangerous or hazardous to the
life, health or safety of persons on or near the premises where such
conditions exist.
I.
Establish
minimum standards governing the unattended growth of brush, long grass,
noxious weeds and other rank growths on private property in the Town.
J.
Fix
responsibilities and duties therefor upon owners, lessees, operators
and occupants of property.
K.
Provide
for administration and enforcement.
L.
Fix
penalties for the violation of this code.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
A building, structure or land, together with any garage or
other accessory building and the lot upon which such buildings or
structures are constructed, used for any purpose other than for single-family
or multifamily purposes, including but not limited to premises used
for retail purposes, business purposes or industrial purposes. Agricultural
operations shall not be considered a commercial premises.
Any building which contains more than one dwelling unit,
together with any garage or other accessory buildings and the lot
upon which such building or buildings are constructed.
Includes the owner, tenant, occupant, mortgagee or vendee,
sublessee, agent or any other person, firm or corporation directly
or indirectly in control of any premises, building or part thereof
or who is entitled to such control in preference of, but not necessarily
in exclusion of, all others.
A building which contains one dwelling unit, together with
any garage or other accessory building and the lot upon which such
building or buildings are constructed.
A.
Unless otherwise stated in § 75-4, owners of premises and other persons as defined herein shall be responsible for compliance with the following regulations:
(1)
Surface and subsurface water shall be drained to prevent damage to
buildings and structures and to prevent development of stagnant water.
Gutters, culverts, catch basins, drain inlets, stormwater sewers and
sanitary sewers or other satisfactory drainage systems shall be utilized.
In no case shall the water from any rain leader be allowed to flow
over a sidewalk, driveway, public roadway or upon adjoining property.
(2)
Fences and retaining walls shall be maintained in a safe condition.
(3)
In the case of multifamily premises and commercial premises, steps,
walks, driveways, parking spaces and similar paved areas shall be
maintained so as to afford safe passage under normal use and weather
conditions. Within 24 hours after the cessation of snowfall, snow
shall be plowed or shoveled from all steps, walks, driveways used
or intended to be used by tenants, occupants, customers, invitees
or other members of the public.
(4)
No snow removed from driveways, walks or other areas shall be deposited
upon the public streets or highways so as to interfere with the use
of such streets or highways or with the use of any other premises.
(5)
Dead or incurably diseased trees shall be taken down, and the diseased
portion thereof removed and destroyed. Trees shall be kept pruned,
and dead wood one inch or more in diameter shall be removed.
(6)
Undergrowth and accumulation of plant growth which are noxious or
detrimental to health shall be eliminated or removed. Hedges and shrubs
shall be kept pruned or trimmed. Grass shall not be permitted to exceed
six inches in height.
(7)
The owner shall keep all and every part of the premises which he
owns and the steps, walks, driveways and parking areas in a clean,
sanitary and safe condition and free from litter, debris, paper, dirt,
garbage and junk and, except for public improvements, in good repair.
B.
In
addition, tenants and occupants of multifamily and commercial premises
shall be responsible for compliance with respect to the following:
(1)
Maintaining all and every part of the premises which they control,
and to the extent they occupy or control the same, the steps, walks,
driveways and parking areas located in the front, rear or side of
said premises, in a clean, sanitary and safe condition and free from
litter, debris, paper, dirt, garbage and junk.
(2)
Disposing in a clean and sanitary manner all garbage, refuse and
debris.
(3)
Exterminating insects, rodents or other pests within that part of
the premises which they occupy and/or control.
A.
The
Code Enforcement Officer or other duly appointed enforcement officers
or officials of the Town of Goshen shall be charged with the duty
of administering and enforcing this chapter.
B.
It
shall be the duty of the Code Enforcement Officer to issue a notice
of violation or to order, in writing, the correction of all conditions
found to exist in or on any premises which violate the provisions
of this chapter and to file a copy of each said notice with the Town
Clerk within 24 hours of the issuance of a notice. The notice shall
contain the following:
(1)
The name of the owner and tenant, if one exists, to whom the notice
shall be addressed.
(2)
The location of the premises involved in the violation.
(3)
A statement of the facts which it is alleged violate this chapter.
(4)
A demand that the rubbish or debris be removed from the premises
within seven days after the service or mailing of the notice.
(5)
A statement that a failure to comply with the notice may result in
prosecution.
(6)
The notice shall include a copy of this chapter.
C.
If, after the expiration of seven days from the date of mailing the notice provided in § 75-4, the owner shall fail to comply with the requirements of § 75-3, the Town of Goshen Code Enforcement Officer shall have the power to remedy the violations, and the expense thereof shall be charged to the property so affected by including such expense in the annual tax levy against the property, pursuant to the Town Law of New York State.
D.
Upon
application of the alleged owner showing reasonable cause, the Town
Board may grant an extension of up to 30 days for the owner to comply
with the provisions of this chapter.
E.
Any
party aggrieved by the decision of the Building Inspector may, within
five business days of the decision of the Building Inspector, appeal
said decision to the Town Board of the Town of Goshen by filing a
written notice of appeal with the Town Clerk.
Any person, upon conviction of a violation of this chapter,
shall be fined $100 for the first offense and $200 for the second
or any subsequent offense within a twelve-month period. In addition,
such person shall be subject to imprisonment for a term not exceeding
15 days, or both fine and imprisonment, should the violation continue.
The continuation of any offense against the provisions of this chapter
shall constitute, for each week the offense is continued, a separate
and distinct offense hereunder.
Whenever the Code Enforcement Officer finds that an emergency
exists which requires immediate attention to protect the public health
or safety, he may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring that such action be
taken as he deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall take effect
immediately. Any person to whom such order is directed shall immediately
or shall, within 48 hours of the issuance of the order, comply therewith,
but, upon petition with a hearing of the Town Board, the Town Board
shall afford a hearing as soon as possible. The timely filing of the
petition with the Town Board shall automatically stay the order pending
the hearing and order of the court. After such hearing, the court
shall either continue such order in effect, shall modify such order
or shall nullify it.
All ordinances, local laws, or resolutions or parts of ordinances,
local laws or resolutions of the Town of Goshen inconsistent with
the provisions of this chapter are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency
and that in all respects this chapter shall be in addition to the
other legislation regulating and governing the subject matter covered
by this chapter.
