[HISTORY: Adopted by the Town Board of the Town of Owasco 9-11-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code" of the Town of Owasco.
All residential, agricultural and commercial premises within the Town of Owasco, whether improved or vacant, shall be maintained in conformity with the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- BUSINESS UNIT
- A building or combination of buildings and the lot on which the same is located, used wholly or in part for commercial purposes, including but not limited to offices, places of public assembly, shopping centers, supermarkets, retail stores, warehouses, governmental buildings and other business uses.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Town of Owasco or his designee.
- A building containing one or more units occupied exclusively for residential units.
- Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food and from the handling, processing, storage and sale of food products and produce.
- The presence of insects, rodents, vermin or other pests.
- Garbage, refuse and rubbish, as herein defined, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- A parcel of land used or set aside and available for use as the site of one or more buildings and accessory buildings thereto or for any other purpose and not divided by a street nor including any land within the right-of-way of a public or private street upon which said lot abuts, even if the ownership to such way is with the owner of the lot. A lot, for the purpose of this chapter, may or may not coincide with a lot of record.
- All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- A combination of materials assembled, constructed or erected at a fixed location, including a building, the use of which requires location on the ground or attachment to something having location on the ground.
- UNOCCUPIED HAZARD
- Any building or part thereof which remains unoccupied for a period of more than 90 days with either doors, windows or other openings broken, removed, boarded or sealed up or any buildings under construction upon which little or no construction work has been performed for a period of more than 90 days.
- An open space unobstructed from the ground upon the same lot with a structure, extending along a lot line and inward to the structure.
The provisions of this chapter shall supplement local laws, ordinances, codes or regulations existing in the Town of Owasco and the other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this chapter is found to be in conflict with any provision of a local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.
Surface or subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. Stormwater downspouts shall be installed and maintained in such a manner that stormwater shall not be directly discharged onto adjoining lots. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.
[Amended 9-9-2004 by L.L. No. 2-2004]
Fences and other minor construction shall be maintained in a safe and substantial condition.
Yards and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
The owner or occupant of any lot within the Lakeshore or Residential Districts shall cut the grass and all weeds within a distance of 50 feet from any dwelling at least once a month between May 1 and November 30, whether or not the lot's owner is also the dwelling's owner of record.
Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this chapter regulating open spaces, buildings or structures and littering.
Storage or accumulation of garbage, crates, rubbish, refuse or debris shall be kept inside the building on the premises or in an acceptable enclosure and shall be regularly collected and removed from the premises.
No shopping baskets, carts or wagons shall be left unattended or standing in open areas and shall be collected at the close of business each day by the occupant of such unit and removed to the interior of the building or buildings.
No mobile refrigeration unit shall be operated on the premises after the closing of the business conducted thereon unless such mobile refrigeration unit is electrically operated.
All fences and planting areas installed on the premises shall be maintained by the owner of the property. Such maintenance shall include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed, the maintenance and cutting of lawns and the replacement and/or repair of fences which may become in disrepair.
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
Exterior walls, roofs and porches or appurtenances thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.
The foundation walls of every building shall be maintained in good repair and shall be structurally sound.
Exterior walls, roofs and all openings around doors, windows, chimneys and other parts of a building shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material and improperly secured objects and material. Such objects or materials shall be removed, repaired or replaced.
The owner of a vacated building shall take such steps and perform such acts as may be required of him from time to time to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public. All openings shall be provided with painted, exterior-grade closures, securely fastened.
Buildings and structures shall be maintained in such a condition that they shall not become unoccupied hazards as defined in this chapter. All graffiti or defacing shall be removed and the surface finish restored within a thirty-day period.
All signs and lighting systems shall be maintained in an operable, clean and safe condition.
All decorative pools and similar devices shall be maintained free of litter and operated as intended.
[Added 9-9-2004 by L.L. No. 2-2004]
Every swimming pool presently constructed or installed or hereinafter constructed or installed shall be maintained at all times in such manner as never to constitute a nuisance, hazard or menace to the public health or safety. The water contained in swimming pools shall, at all times, be properly chlorinated and the quality maintained so as to be suitable for human bathing and swimming. At no time shall the water contained in swimming pools or, if the swimming pools have been drained, shall rainwater or water from some other source be permitted to accumulate or pond in the swimming pool such that the water becomes stagnant and could harbor mosquito larvae or other vector. Any such hazard that may exist or develop in or in consequence of or in connection with any swimming pool shall be forthwith abated by the person in possession, owning or having jurisdiction over such swimming pool upon receipt of notice from the Town Zoning Enforcement Officer.
No swimming pool shall be abandoned or its use permanently discontinued unless, if the swimming pool is an in-ground pool, the owner of the property fills the swimming pool with clean soil and restores the surface of the ground to its original grade or, if the pool is an aboveground pool, demolishes the swimming pool, removes the demolition debris from the property and restores the land on which the swimming pool was located to its original condition within 30 days of abandoning or permanently discontinuing use of the swimming pool. In the event the person in possession, owning or having jurisdiction over a swimming pool does not abate a swimming pool hazard or hazards within 10 days of receipt of the notice from the Town Zoning Enforcement Officer or permits a swimming pool hazard or hazards to recur more than three times during any one calendar year, the swimming pool shall be deemed to be abandoned.
In the event the owner of the property on which a swimming pool has been abandoned or its use permanently discontinued shall fail to fill such swimming pool with clean soil, if the pool is an in-ground pool; or to demolish the swimming pool and remove the debris, if the pool is an aboveground swimming pool within 30 days after receipt of written notice given by the Zoning Enforcement Officer, the Town may, in addition to all other available remedies, proceed to fill and/or demolish such swimming pool and the expense of so doing shall become a lien against such property and shall be collected in the same manner as taxes levied against said property.
Grounds, buildings and structures shall be maintained free of vermin and rodent harborage and infestation. Methods used for exterminating vermin and rodents shall conform with generally accepted practice.
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with the provisions of applicable codes.
No refrigerator may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking devices and all doors.
Permanent dumpsters and similar large receptacles shall be shielded from the public view by means of appropriate landscaping or architectural screening.
Shopping centers, supermarkets and similar business units shall provide permanent, attractive, litter receptacles within the premises for public use in sufficient quantity to prevent a person from walking in excess of 50 feet to use any such receptacle.
An occupant of the premises shall be responsible for compliance with this chapter in regard to the following:
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
Maintenance of all plumbing, cooling and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which he occupies or controls, in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
Keeping exits from his building clear and unencumbered.
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner in accordance with the provisions of the Town.
Extermination of insects, rodents or other pests within their premises.
Maintenance of yards, lawns and courts in a clean, sanitary and safe condition and free from infestation, insofar as said occupant occupies or controls said yards, lawns or any parts thereof.
The installation and removal of required screens.
Keeping his domestic animals and pets in an appropriate manner and under control.
Elimination of all prohibited uses for that part of the premises which he occupies, controls or has accessibility thereto.
Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
Owners and operators of buildings shall be responsible for the proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply where they have been contracted to so provide.
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Town as executor, administrator, trustee, guardian, operator or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this chapter and shall be bound to comply with the provisions of this chapter to the same extent as the record owner; and notice to any such person of any order or decision of the Code Enforcement Officer shall be deemed and taken to be a good and sufficient notice, as if such person were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this chapter.
A violation of this chapter or any subsection or provision thereof shall be an offense and shall be punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Each day's continued violation shall constitute a separate additional violation. These penalties shall be additional to the other remedies of the Town Board provided by this chapter.
Whenever the Town Board learns of any violation of this chapter, the Town Board may adopt a resolution requiring the owner or occupant, or both, as the case may be, of the premises with regard to which a violation has occurred to remedy such violation, specifying the nature of the work to be done and the time within which it shall be completed. A notice of the adoption of such resolution shall be served upon owner or occupant, or both, by registered or certified mail addressed to his or their last known address.
Whenever such notice has been served upon such owner or occupant, or both, of the respective premises and such owner or occupant shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Town Board shall authorize the work to be done and pay the cost thereof out of general Town funds to be appropriated by the Town Board for such purposes.
The Town shall be reimbursed for the cost of the work performed or services rendered, by direction of the Town Board as herein provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered. The expenses so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
All ordinances or parts of ordinances or local laws in conflict with or inconsistent with the provisions of this chapter are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance or local law hereby repealed prior to the taking effect of this chapter.