[HISTORY: Adopted by the Board of Trustees of the Village of Owego as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-16-1975 by L.L. No. 2-1975]
In order to prevent blight and the spread thereof, it is hereby declared that all structures, including but not limited to one- and two-family and multiple-family dwellings, whether or not used for residential purposes, garden apartments, all other apartment complexes, all shopping centers, supermarkets, retail stores, discount houses, warehouses, storage plants, factories, gasoline service stations, public garages or buildings used for other business purposes and accessory structures of all of the foregoing, whether occupied or vacant, shall be maintained in conformity with the standards set out in this article so as to assume that none of these structures or properties will adversely affect their neighborhood or the village community.
It is found and declared that by reason of lack of maintenance and progressive deterioration, certain structures and properties have the future effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
As used in this article, the following terms shall have the meanings indicated:
- Includes a natural person or persons, firm, corporation, partnership, association or any other combination of two or more persons who is or are the owners or owner mortgagee, assignee or rents, receiver, executor, trustee, administrator, lessee or agent directly or indirectly in control of a building or other structure or premises within the Village of Owego, New York.
No shopping baskets, carts or wagons shall be left unattended or standing, and such baskets, carts or wagons shall be collected as often as necessary and removed to the interior of the building or in a secure location. No shopping cart will be removed from the owners premises without said owner's permission.
All landscaping shall be maintained so that the lawns, hedges, bushes and trees shall be kept neatly and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor having a tendency to depreciate adjoining property. Such maintenance shall include but not be limited to the removal of trees and shrubs which may die and/or otherwise be destroyed.
All fences shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to painting, as needed, and the replacement, removal or repair of fences which may become in disrepair.
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.
Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation and shall be maintained in a manner that will prevent rubbish from being blown about them.
All signs exposed to public view shall be maintained in good repair. Excessively weathered or faded signs shall be removed or put into good repair. Any nonoperative or broken electric sign or other signs shall be repaired or removed.
No lights, floodlights or spotlights shall be so situated that light from such lamp is directly cast upon the nearby residences.
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration. Exterior porch floors, walls, ceilings and stairs shall be maintained in a clean, safe and sanitary condition. Such areas which have been damaged or show evidence of rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner.
[Amended 4-21-1997 by L.L. No. 1-1997]
Upon his own investigation or receipt of information or complaint, the enforcement officer of the Village of Owego, New York, shall cause to be served upon the responsible person for any land or property upon which the violation has taken place or occurred a written notice in the form approved by the Village Board directing removal or correction of such violation within 45 days after the service of such notice, except for the provisions listed under § 159-3A where removal and correction shall be immediate upon notification by the enforcement officer; or, in the event that such responsible person cannot reasonably be located, then by the posting of such notice in a prominent place upon the premises. If the violation is not corrected within 45 days from the date of the service or 45 days from the date of the posting of the notice upon the premises or immediately if relating to the provisions under § 159-3A, then the owner, occupant or person having control of said premises shall be deemed in violation of this article and subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or to both such fine and imprisonment. Additionally, said owner, occupant or person having control of the premises shall be subject to the provisions of §§ 1-16 through 1-18.
A person may appeal an order of the enforcement officer of the Village of Owego by, within 10 days receipt of said order, submitting a written appeal to the Property Maintenance Appeal Board. The Property Maintenance Appeal Board shall, upon an appeal from an order or decision of the enforcement officer, decide questions involving the interpretation of any provision of this article and, in addition thereto, may affirm, modify or overrule by majority vote the action taken by the enforcement officer.
The Mayor of the Village of Owego, New York, shall appoint a five-person board to be known as the "Property Maintenance Appeal Board." Two members shall be appointed for three years, two members shall be appointed for two years, and one member shall be appointed for one year. At the initial expiration of their terms, members or their successors shall be appointed for three-year terms.
An appeal to the Property Maintenance Appeal Board of an order issued by the enforcement officer shall automatically stay said order until a decision is rendered by said Board.
[Adopted 9-7-1976 by L.L. No. 2-1976]
Pursuant to the provisions of Article 4, § 4-414 of the Village Law, the Board of Trustees of the Village of Owego recognizes that there should be a local law of the village providing for a method of enforcement of general, special or local laws and ordinances requiring improvements and the performance of work or acts on property in the Village of Owego in the interest of public safety, health, comfort and general welfare; and provisions for having the improvements made, the work or acts done and provisions for collecting the cost of the same from the owner of the property whenever the owner shall fail to make the required improvements or perform the required work or acts.
[Amended 1-7-2008 by L.L. No. 1-2008]
Whenever an owner of real property is required by any general, special or local law or ordinance to make improvements, perform any work or to do any act on such property in the interest of public safety, health, comfort and general welfare and such owner shall fail to make the improvement or perform the work or act required, the Board of Trustees shall cause such improvement, work or act to be done on such property or shall cause a contract to be awarded therefor, and the cost of such improvement, work or act shall become a lien upon such real property in the amount of the actual costs of such improvement, work or act and shall be assessed and collected in the same manner as a real property tax lien.
In addition to the enforcement provisions described herein, the Department of Public Works, or any department so authorized by the Board of Trustees, shall assess an administrative fee plus the cost of such improvement, work or act to the property owner in an amount as set forth from time to time by resolution of the Board of Trustees. Said administrative fees left unpaid will also be included in any lien placed against the property and added to the property owner's taxes.