[HISTORY: Adopted by the Town Board of the Town of Cornwall 6-8-1992
by L.L. No. 4-1992. Amendments noted where applicable.]
The Town Board of the Town of Cornwall hereby determines that it is
necessary for the public health, safety and general welfare of the residents
of the Town of Cornwall to provide regulations whereby properties within the
Town are properly maintained and kept free of nuisances, hazards, debris and
litter. Further, it is determined that by reason of lack of maintenance resulting
in progressive deterioration, certain properties and structures have the further
effect of creating blighting conditions leading toward the creation of slum-type
areas, and that if the same are not curtailed and removed, the conditions
can grow and impact the entire Town. By reason of timely regulations and restrictions,
the public health, welfare and safety may be protected and blighted areas
may be prevented and the desirability and amenity value of properties maintained
and enhanced. The Town Board encourages Town residents to accomplish the goals
of this regulation by cooperation between neighbors.
As used in this chapter, the following terms shall have the meanings
indicated:
A building or structure on premises within the Town.
Any animal or vegetable refuse or waste matter capable of fermentation
or decay; nothing in this chapter shall regulate the application of garbage
to land for gardening or farming purposes.
Any vegetation including grass or similar plant life.
[Added 10-8-2002 by L.L. No. 5-2002]
Any condition that would constitute a nuisance according to the statutes,
laws and regulations of the State of New York or the regulations and laws
of the Town.
Any physical condition existing in or on the exterior of any premises
which is potentially dangerous, detrimental or hazardous to the life, health
or safety of persons on, near or passing in proximity to the premises where
said condition exists.
Any waste material or any other material attractive to vermin or likely
to breed disease or which presents a fire hazard, creates offensive odors
or otherwise is prejudicial to the good health or is so unsightly of appearance
as to be offensive to surrounding properties.
Any person residing, living or sleeping in or on the premises or
having actual possession, use or occupancy of the premises or any person or
entity in possession of or using any premises or part thereof, whether or
not the owner thereof and regardless of the duration of time of such possession,
use or occupancy.
Any person, persons or entity having legal or equitable title in
any form whatsoever to any premises or part thereof, with or without accompanying
actual possession, including persons or entities who have charge, care or
control of any premises as agent of the owner or as a fiduciary, trustee,
receiver, lessee or mortgagee in possession.
Any individual, partnership, association, firm, corporation or any
and all the combinations of individuals acting in concert.
A lot, plot or parcel of land, including the buildings or structures
thereon.
Materials or substances discharged, discarded or rejected as being
spent, useless or worthless. Such solid waste shall include but is not limited
to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings,
dead animals, refuse, abandoned vehicles, agricultural waste, industrial waste,
commercial waste and construction and demolition debris; as defined in this
chapter, "solid waste" shall not include organic composting.
A.
In furtherance of the purposes of this chapter, it shall
be the duty and responsibility of the owner or occupant of premises to comply
with the requirements and standards of this chapter to keep the premises free
of violations hereof and to promptly remove, prevent or abate any violations.
B.
Owners and occupants shall have all the duties, obligations
and responsibilities prescribed in this chapter, and no such person or entity
shall be relieved of any duty, obligation or responsibility hereunder nor
be entitled to assert as a defense against any charge made against him or
them for violation of this chapter the fact that another owner, occupant or
any other third person is also responsible therefor and in violation thereof.
The provisions of this chapter shall supplement state and local laws,
codes or regulations. Where a provision of this chapter is found to be in
conflict with a provision of state or local law, code or regulation, the more
restrictive provision shall prevail when legally permissible.
A.
Premises shall be maintained in a clean, safe and sanitary
condition free from garbage, nuisances and solid waste, as defined herein.
B.
All fences shall be maintained in a safe and substantial
condition by the owner or occupant of the premises upon which the fences are
located. Such maintenance shall include but not be limited to painting or
staining as needed and the replacement of broken or missing sections of fence
which may come into disrepair.
C.
On nonresidential premises, steps, walks, driveways,
parking spaces, parking lots and similar paved areas shall be repaired, replaced
and maintained so as to be free from holes.
D.
As to buildings:
(1)
All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or sealed with a protective
coating of paint or other suitable preservative to protect them from deterioration.
(2)
All signs exposed to public view shall be maintained
in good repair. Inoperative electrical or mechanical signs shall be repaired
or removed.
(3)
The exterior parts of every building shall be maintained
so as to keep water from entering the building. Exterior portions of every
building which have been damaged or show evidence of dry rot or other deterioration
shall be repaired or replaced and refinished. Exterior walls, gutters, leaders,
soffits, cupolas, roofs and other parts of the building shall be free from
loose and unsecured objects and materials.
E.
Premises shall be maintained such that no gramineus vegetation
shall exceed 12 inches in height from the ground in any required front yard,
required rear yard or required side yard as required in the zoning district
in which the premises are located.
[Added 10-8-2002 by L.L. No. 5-2002]
A.
The Building Inspector of the Town is hereby designated
as the officer charged with enforcement of this chapter.
B.
When the Building Inspector has reason to believe that
premises or a building is or may be maintained in violation of the provisions
of this chapter, the Building Inspector shall make an inspection thereof and
submit a written report to the Town Board with his findings and recommendations
in regard to its repair or the removal of the material and condition maintained
in violation of this chapter.
C.
The Town Board shall thereafter consider such report
and by resolution determine if, in the Town Board's opinion, the report
substantiates that the building or the premises are existing in violation
of this chapter, and if so, the Town Board shall order that a notice be served
upon the occupant and owner of the premises.
A.
Contents. The notice referred to in the preceding § 115-6 shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars listing the conditions
existing at the premises which are in violation of the provisions of this
chapter.
(3)
A statement outlining the actions to be taken to correct
the violations of this chapter.
(4)
An order that the correction of the violations shall
commence within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown the time shall be extended
by the Town Board.
(5)
A date, time and place for a hearing before the Town
Board in relation to such violation, which hearing shall be scheduled not
fewer than five business days from the date of the service of the notice.
(6)
A statement that in the event of refusal to comply with
the order to correct the violation of this chapter, the Town Board is authorized
to remedy the violation and to assess all expenses of the remedying of the
violation against the premises.
B.
Service of notice. The notice shall be served by personal
service upon the occupant of the premises and upon the owner of the premises
as shown on the latest completed assessment roll of the Town or, if the occupant
or owner cannot be reasonably found, by mailing the notice to such occupant
or owner by certified mail, return receipt requested, to the owner's
last known address as shown on the latest completed assessment roll of the
Town, and by personal service of a copy of such notice upon any person residing
in or occupying said premises, if such person can reasonably be found, and
by securely affixing a copy of said notice upon the premises. Affidavits of
service of the notice shall be filed with the Town Clerk at the hearing.
In the event of the refusal or neglect of the occupant and owner to
comply with said order of the Town Board, and after the hearing held by the
Town Board, the Town Board may provide for the remedying of the violation
either by Town employees or by contract.
All expenses incurred by the Town in connection with the proceedings
to remedy the violation of this chapter shall be levied and collected in the
same manner as provided in Article 15 of the Town Law for the levy and collection
of a special ad valorem levy.
It shall be unlawful for any occupant or owner of premises within the
Town to maintain such premises in violation of the provisions of this chapter.
A.
Civil penalty. Any person or entity who shall violate
any of the provisions of this chapter or any order promulgated hereunder shall
be subject to a civil penalty enforceable and collectible by the Town in the
amount of $100 for each violation. Such penalty shall be collected by and
in the name of the Town for each day that such violation shall continue.
B.
Injunction. In addition to the civil penalty provided
for above, the Town Board may maintain an action or proceeding in the name
of the Town to compel compliance with or restrain the violation of this chapter.
