[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:
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.
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.
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.
A.
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]
B.
Fences and other minor construction shall be maintained
in a safe and substantial condition.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or sealed to protect
them from deterioration or weathering.
B.
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.
C.
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
D.
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.
E.
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.
F.
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.
G.
All signs and lighting systems shall be maintained
in an operable, clean and safe condition.
H.
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]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking devices and all doors.
D.
Permanent dumpsters and similar large receptacles
shall be shielded from the public view by means of appropriate landscaping
or architectural screening.
E.
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:
A.
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
B.
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.
C.
Keeping exits from his building clear and unencumbered.
D.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner in accordance with the provisions of
the Town.
E.
Extermination of insects, rodents or other pests within
their premises.
F.
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.
G.
The installation and removal of required screens.
H.
Keeping his domestic animals and pets in an appropriate
manner and under control.
I.
Elimination of all prohibited uses for that part of
the premises which he occupies, controls or has accessibility thereto.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
