This chapter shall be known as the "Property Maintenance Code of the Village of Central Square" and may be referred to in the short form as the "Property Maintenance Code."
The Board of Trustees of the Village of Central Square hereby finds that the outdoor storage, accumulation, deposit or placement of abandoned, junked, discarded, wholly or partially dismantled or unlicensed or unregistered motor vehicles, rubbish, debris, solid waste, or high grass, weeds and brush upon private property threatens the health, safety and welfare of Village residents. Outdoor storage, accumulation, deposit or placement of such items creates a significant fire hazard, endangers the environment and groundwater, leads to infestation by insects, vermin or rodents, depreciates property values, and has a deteriorating and blighting effect upon the neighborhood and community.
The Board of Trustees hereby determines that the outdoor storage, accumulation, deposit or placement of abandoned, junked, discarded, wholly or partially dismantled or unlicensed or unregistered motor vehicles, rubbish, debris, solid waste, or high grass, weeds, and brush upon private property constitutes a public nuisance.
Every residential and nonresidential structure and the premises on which they are situated or any vacant lot in the Village used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this chapter, whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or for the installation or repair of equipment or facilities prior to the effective date of this chapter.
The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Property Maintenance Code. In any case where the provisions of this chapter impose a stricter standard than that set forth in any other law of the Village or under the laws of the State of New York, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a less stringent standard than any other law of the Village or under the laws of the State of New York, then the stricter standard contained in any such other law shall prevail.
As used in this chapter, the following terms shall have the meanings indicated. All other terms as used in this chapter shall have their common and ordinary meaning.
- A. Any motor vehicle, whether automobile, bus, trailer, truck, tractor, motor home, motorcycle, mini-bicycle, all-terrain vehicles, or snowmobile, or any other device originally intended for travel on the public highways, which is:
- (1) Unregistered, old, wrecked, stored, discarded, dismantled or partly dismantled and which is not intended or in any condition for legal use upon a public highway.
- B. Any vehicle, including any motor vehicle and any other device in, upon or by which a person or property may be transported or drawn on a street, including but not limited to trailers and camper shells or junked trailer bodies but excluding devices moved by human power, that exhibits one or more of the following conditions: unregistered, wrecked, partially or fully dismantled, abandoned, stripped, inoperative, inoperable, scrapped, or unable to be safely operated; or
- (1) Being held or used for the purposes of resale of used parts therefrom or for the purpose of reclaiming for use some or all of the materials therein for the purpose of disposing of the same; or
- (2) In such condition as to cost more to repair and place in operating condition than its reasonable market value at that time before such repair; or
- (3) Any motor vehicle not required to be licensed or not usually used on public highways that has remained unused for more than one year and is not in condition to be removed under its own power.
- C. This definition does not affect motor vehicles stored at a property that comply with applicable licensing requirements, such as repair garages, salvage yards and similar establishments.
- Uncultivated woody shrubs and/or immature trees.
- Includes all materials resulting from the construction, excavation, renovation, equipping, remodeling, repair or demolition of structures, property or roads as well as materials consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such materials include but are not limited to bricks, concrete and other masonry material, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles, asphaltic pavement, glass, window frames, electrical wiring and components, plastics, carpeting, foam padding, linoleum, metals, or any combination thereof which are incidental to construction, excavation, renovation, equipping, remodeling, repair or demolition.
- A bulk storage container for garbage, recyclable materials and other solid waste that can be hauled directly to the point of disposal or emptied into a compactor-type truck for disposal.
- Includes all putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including the container in which packaged.
- Any writing, painting, drawing, staining, carving, etching or other marking, made by use of chalk, paint, ink, aerosol spray can, knife, pencil or any other marking device and/or material, of any word, name, lettering, inscription, figure, design, or other representation, made upon a portion of a building or structure without the consent of the owner. Signs with proper sign permits or approval are expressly not included in the definition of graffiti.
- Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering. May also be used as ground covering for the establishment of drainage swales, flood routes, or water detention basins.
- Worn out or discarded material of little or no value including, but not limited to a junk appliance, junk furniture or garbage, rubbish and debris.
- JUNK APPLIANCE
- Any stove, washing machine, dryer, freezer, refrigerator, or other household device or equipment abandoned, junked, discarded, or wholly or partially dismantled.
- JUNK MOBILE HOME
- Any enclosed dwelling built upon a chassis, motor vehicle, or trailer used or designed to be used for either permanent or temporary living and/or sleeping purposes including motor homes, truck campers, camping trailers, campers, travel trailers, pop-up trailers, tent trailers, and overnight trailers, which is no longer suitable for human habitation.
- Improperly discarded material consisting of but not limited to paper and plastic bags, bottles, cans, bottle caps, containers, garbage, paper, newspaper, pieces of paper, paper and plastic cups, wrappers, articles of clothing, cigarette butts, toilet paper, or any other trash disposed on the grounds, bushes or trees of a property.
- OUTDOOR STORAGE
- The placing, maintaining or keeping of any garbage, junk, rubbish, clutter, litter or debris as the same are defined herein in a place other than a structure with a roof and fully enclosed on all sides.
- OWNER OF PRIVATE PROPERTY
- Any person, firm, partnership or corporation, whether business or membership or religious, charitable or otherwise, or any purchaser, tenant, lessee, occupant, tenant, receiver or assignee of private premises or private property or any other unit or entity owning real property in the Village.
- MOTOR VEHICLE
- All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways, including but not limited to automobile, bus, trailer, truck, tractor, motor home, motorcycle, and mini-bicycle. This term shall also include an all-terrain vehicle, snowmobile, watercraft of any type or nature, and construction equipment.
- An owner of private property, individual, partnership, association, corporation, or entity of any other kind.
- A lot, plot or parcel of land, including the buildings, structures and improvements thereon.
- PUBLIC VIEW
- Any premises or open space or any part thereof, or any building or structure or yard that may be viewed by any member of the public from a sidewalk, street, alley or from any adjoining or neighboring property.
- Includes all discarded or worthless nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to paper and paper products, rags, wrappings, cardboard, tin cans, yard clippings, wood, glass, metals, plastics, tires, bedding, cloth, crockery, furniture, appliances and similar items.
- SOLID WASTE
- Includes all putrescible and nonputrescible materials and substances discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including but not limited to household and commercial garbage, industrial waste, rubbish, debris, litter, and ashes.
- Any assembly of materials forming a construction framed of component structural parts, which exists for any occupancy, storage or other use.
- SUBSTANTIAL DETERIORATION
- A status of either general dilapidation or specific instances of disrepair, including but not limited to substantial conditions of peeling, chipping, cracking, splintering, fraying, warping, crumbling, rusting, corroding, rotting or perforation.
- UNOCCUPIED HAZARD
- Any building or part thereof which remains unoccupied for a period of more than six months, with either doors, windows or other openings broken, removed, boarded or sealed up.
- Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.