[Added 3-7-1984 by L.L. No. 4-1984]
[Amended 7-20-1998 by L.L. No. 8-1998]
As used in this article, the following terms
shall have the meanings indicated:
A nuisance shall be defined as the following:
Any condition or use of premises or of building
exteriors which is detrimental to the property of others or which
causes or tends to cause substantial diminution in the value of other
property in the neighborhood in which such premises are located. This
includes, but is not limited to, the keeping or the depositing on
or the scattering over the premises of any of the following:
The burning of an open fire, whether leaves,
grass, trash, wastepaper, rubbish, garbage or other materials, within
the Village of Canton. Specifically excepted from this provision is
the use of outside barbecues/fireplaces/grills for cooking.
One or more natural persons, corporations, partnerships,
associations, joint stock companies, unincorporated associations,
their agents and employees, and all other entities of any kind.
[Amended 9-15-2008 by L.L. No. 2-2008]
No person owning, leasing, occupying or having
charge of any premises shall maintain or keep any nuisance thereon,
nor shall any such person keep or maintain such premises in a manner
causing substantial diminution in the value of the other property
in the neighborhood in which such premises are located.
A.
No person in charge of or in control of premises,
whether as owner, lessee, tenant, occupant or otherwise, shall allow
any partially dismantled, wrecked, junked, discarded or otherwise
nonoperating motor vehicle to remain on such property longer than
10 days; and no person shall leave any such vehicle on any property
within the Village of Canton for a longer time than 10 days, except
that this section shall not apply with regard to any vehicle in an
enclosed building or so located upon the premises as not to be readily
visible from any public place or from any surrounding private property.
This article shall further not apply to:
(1)
Any vehicle on the premises of a business enterprise
operated in a lawful place, other than in a residential district,
and operated in a lawful manner, when the keeping or maintenance of
such vehicle is necessary to the operation of such business enterprise.
(2)
A vehicle in an appropriate storage place or depository
maintained in a lawful place and manner by the Village of Canton or
any other public agency or entity.
(3)
A classic or antique vehicle undergoing an active
course of renovation or restoration.
[Amended 9-15-2008 by L.L. No. 2-2008]
A.
Whenever the Code Enforcement Officer determines that
a nuisance is being maintained or kept upon any premises within the
corporate limits of the Village of Canton, said Officer shall serve
the owner(s) thereof with a written notice of violation identifying
the nuisance and directing the abatement and removal of same by such
specific date as the Officer shall direct. Said notice shall be served
upon the owner(s) of the affected premises either by personal delivery,
or by certified or registered mail addressed to said owner(s) at the
last address shown for them on the records maintained for the Village
by the Assessor, or by any other means set forth at New York Civil
Practice Law and Rules for service of process.
B.
In addition to providing said notice to the owner(s)
of the affected premises, the Code Enforcement Officer may, but shall
not be required to, serve any tenant, lessee, and/or occupant of the
affected premises with a written notice of violation identifying the
nuisance and directing the abatement and removal of same by such specific
date as the Officer shall direct. The notice provided to a tenant,
lessee, and/or occupant shall be served either by personal delivery,
or by certified or registered mail addressed to the tenant, lessee,
and/or occupant at the address of the premises, or by any other means
set forth at New York Civil Practice Law and Rules for service of
process.
C.
The owner(s), tenants, lessees, and/or occupants of
the affected premises who have received said notice shall jointly
and severally abate and remove the identified nuisance identified
upon said premises as directed by the notice.
[Amended 9-15-2008 by L.L. No. 2-2008]
The Code Enforcement Officer shall be authorized to issue an appearance ticket upon any owner, tenant, lessee, and/or occupant of premises who has received notice pursuant to § 221-14 and who fails to abate and remove the nuisance identified upon said premises as directed, charging said owner, tenant, lessee, and/or occupant with a violation. Upon conviction thereof, each such owner, tenant, lessee, and/or occupant shall be subject to a fine of not less than $25 nor more than $500 for each violation. A separate violation shall be deemed to have been committed on each day during which such nuisance continues to exist beyond the date directed for abatement and removal.
[Amended 9-15-2008 by L.L. No. 2-2008]
A.
Whenever any person who is required by this article
to abate and remove a nuisance shall fail to abate and remove said
nuisance as directed, the Village of Canton may, at its sole discretion,
institute an action or proceeding in a court of competent jurisdiction
to compel compliance with this article by injunction or other action,
and/or to permit the Village to abate and remove said nuisance, including
the removal of the personalty constituting and creating the nuisance
to a location of the Village's selection for storage and/or disposition,
and to collect all costs and expenses incurred by the Village in connection
with said abatement, removal, and storage and/or disposition.
B.
Whenever the Code Enforcement Officer determines,
or the Police Chief or the Fire Chief determines and notifies the
Code Enforcement Officer, that a nuisance condition exists which constitutes
such an immediate detriment that it must be abated and removed forthwith,
the Code Enforcement Officer shall request that the Village Board
of Trustees direct such abatement and removal as is reasonably calculated
to alleviate or prevent said detriment, after giving such notice to
the property's owner(s) as circumstances reasonably permit. If notice
cannot be given to the property's owner(s) prior to such action, notice
shall be given to the owner within five business days thereafter.
C.
All costs and expenses incurred by the Village of
Canton for the abatement and removal of the nuisance and for storage
and/or disposition of any personalty constituting and creating the
nuisance, to include, without limitation, the costs and expenses of
any court action or proceeding undertaken in connection therewith,
plus accrued interest at the rate of 9% per annum from the date of
completion of said work, shall be charged to the owner(s) of said
premises, who shall be jointly and severally responsible for the payment
of said costs, expenses, and accrued interest.
D.
The Code Enforcement Officer shall file a sworn statement
with the Village Clerk identifying the location of the property upon
which the nuisance was located, and showing the costs and expenses
incurred for abatement, removal, and storage and/or disposition, to
include, without limitation, the costs and expenses of any court proceedings
undertaken in connection therewith. The filing of said sworn statement
shall constitute a lien on the property, which shall remain in full
force for the amount due for collection until full payment or satisfaction
has been made. Said costs and expenses and accrued interest shall
be assessed against the property and levied as part of the next Village
tax bill for the property and collected in the manner fixed by law
for the collection of taxes.
E.
When personalty constituting and creating the nuisance
has been removed and placed in storage by the Village of Canton, as
provided herein, said personalty may be sold by the Village as provided
by law or as otherwise directed by a court of competent jurisdiction,
and the proceeds of sale shall be applied to the costs and expenses
incurred by the Village for abatement and removal of the nuisance,
and for the costs of storage. If the proceeds are in excess of such
costs and expenses, the excess balance shall be paid to the owners
of the property.
A.
Enforcement of this article may be accomplished by
the Village of Canton in any manner authorized by law, and, in addition,
any person who by reason of another's violation of any provision of
this article suffers special damage to himself different from that
suffered by other property owners throughout the Village of Canton
generally may bring an action to enjoin or otherwise abate an existing
violation.
B.
The failure or refusal of the Village of Canton, its
agents, servants and employees to initiate or maintain any action
or proceeding or do any other act pursuant to this article shall not
subject the Village of Canton to liability therefor to any person.
C.
The failure or refusal of the Village of Canton, its agents, servants and employees to initiate or maintain any action or proceeding or do any other act pursuant to this article shall not operate to prevent or prohibit any person from bringing such action as referred to in § 221-17A of this article.
