Village of Perry, NY
Wyoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Perry as indicated in article histories. Amendments noted where applicable.]
Notice of defects — See Ch. 305.
Unsafe buildings — See Ch. 435.
[Adopted 8-1-1949]
It shall be unlawful for any owner, lessee or occupant, having control of any occupied or unoccupied lot or land or any part thereof in the Village of Perry, to permit or maintain on any such lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb, or for 10 feet outside the property line if there is no curb, any growth of weeds, grass or other rank vegetation to a greater height than 10 inches on the average, or any accumulation of dead weeds, grass or brush.
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass or other rank vegetation as often as may be necessary to comply with the provisions of § 465-1, provided that cutting and removing such weeds, grass and vegetation at least once in every three weeks between May 15 and September 15 shall be deemed to be a compliance with this article.
If the provisions of the foregoing sections are not complied with, the Superintendent of Public Works shall serve written notice upon the owner, lessee or occupant or any person having the care or control of any such lot or land to comply with the provisions of this article. If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed such weeds, grass or other vegetation within five days after receipt of such notice, or if no person can be found in the Village of Perry who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Superintendent of Public Works shall cause such weeds, grass or other vegetation on such lot or land to be cut and removed, and the actual cost of such cutting and removal, plus 5% for inspection and other additional costs in connection therewith, shall be certified by the Superintendent of Public Works to the Village Clerk and shall thereupon become and be a lien upon the property on which such weeds, grass and other vegetation were located and shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
As used in this article, the following terms shall have the meaning indicated:
Includes natural persons, corporations and all other entities of any kind capable of being sued.
A person violating this article shall be subject to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both such fine and imprisonment, in addition to any costs imposed under § 465-3 of this article.
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 9-5-2000 by L.L. No. 2-2000]
This article shall be known as the "Property Maintenance Law of the Village of Perry" and may be referred to in the short form as the "Property Maintenance Law" or in this article as "this article."
It is hereby found and declared that there exist in the Village of Perry structures and vacant lots which are or may become in the future substandard with respect to structural integrity, equipment or maintenance and, further, that such conditions, including but not limited to structural deterioration, lack of maintenance of exterior premises and vacant lots, pest infestation, lack of maintenance or upkeep of essential facilities and utilities, existence of fire hazards and unsanitary conditions, constitute a threat to the health, safety, welfare, and reasonable comfort of the citizens and inhabitants of the Village. It is further found and declared that by reason of lack of maintenance and ensuing progressive deterioration, certain properties have the further effect of creating blighting conditions and that, by reason of timely regulations and restrictions, as herein contained, the growth of this blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of dwellings and neighborhoods enhanced and the public health, safety and welfare protected and fostered as well as community aesthetics.
The purpose of this article is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance and condition of the exterior of residential and nonresidential premises; to avoid, prevent and eliminate the maintenance of or creation of hazards to the public health and safety; to avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties; to prevent the creation, continuation, extension or aggravation of blight; to fix certain responsibilities and duties upon owners, operators and occupants of property; and to provide for administration and enforcement of this provision.
Every residential and nonresidential structure and the premises on which they are situated in the Village used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provision of this article, whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this article 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 article.
The provisions of this article shall be in addition to, and in furtherance of, the New York State Property Maintenance Code. In any case where the provisions of this article impose a stricter standard than that set forth in any 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 article impose a less stringent standard than any 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.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing in this article shall be deemed to abolish or impair existing legal remedies of the municipality or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, be defined as follows:
The condition of a structure or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
The Village Zoning Officer or his authorized representative shall be the enforcement officer.
Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent properties, including all outside surfaces and appurtenances thereto, and the open space on the premises outside any building or structure erected thereon.
The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poison, spraying, fumigating, or trapping, or by any other approved pest elimination methods.
Any thing or any act which increases or may cause any increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire or which may obstruct, delay or hinder or may become the cause of an obstruction, delay, hazard or hindrance to the prevention, suppression or extinguishment of fire.
Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New York or any of its agencies or this article.
Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the health or safety of persons on, near or passing in proximity of the premises where said condition exists.
Any occupant, owner, agent, tenant, lessee, caretaker or other person or corporation in charge of, residing, living or sleeping in or on the premises of or having actual possession or use of a business, dwelling unit or rooming unit or other premises affected by this article.
Any person, persons or entity, not the owner, who or which has charge, care or control of a structure or a part thereof, with or without the knowledge, consent or authority of the owner.
Any person, persons or entity who or which shall have legal or equitable title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof, or who or which shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of the owner, or as fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who or which is a lessee, sublessee or assignee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this article and shall have responsibility over that portion of the premises so sublet, leased or assigned.
A lot, plot or parcel of land, including the buildings, structures and improvements thereon.
Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this article, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder, nor may any such person or entity assert as a defense against any charge made under this article that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.
Exterior of premises. The exterior of all premises shall be kept free from hazards, which include but are not limited to the following:
Garbage, solid waste, hazardous waste and trash as defined in the Code of the Village of Perry.[1] Garbage containers will be permitted adjacent to the roadway on the day before and on the night hours of pickup only. Only garbage and solid waste resulting from the actual use of the premises may be permitted on the premises. This subsection shall be enforced by police officers as well as the Zoning Officer.
Editor's Note: See Ch. 369, Solid Waste.
Unsafe structures. Unsafe structures or unsound buildings, structures or fences or abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
Discarded appliances. Abandoned refrigerators, boilers, hot-water heaters, television sets and other similar appliances.
Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating condition or storm damage, constitutes a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such condition.
Overhanging objects; ice and snow. Loose and overhanging objects, whether natural or man-made, and accumulations of ice and snow which by reason of location above ground level constitute a threat to the health and safety of people if caused to fall.
Ground surface hazards. Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, excavations, sharp or jagged projections or obstructions.
Recurring accumulations of stormwater. Stagnant surface or ground water accumulations which create or are likely to create mosquito or other insect breeding areas.
Infestation. Rodents, vermin, pest infestations and conditions causing the same.
Nuisances. Nuisances as defined in this article.
Inoperable vehicles. Vehicles or parts thereof, including boats and trailers, motorized or not, regardless of whether licensed or registered, which vehicles or parts thereof are or have been abandoned or dismantled or are in a state of visible disrepair.
Structural soundness. Every structure and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including but not limited to the following:
Foundation walls. Inadequate or unsafe foundation walls, piers and columns and other similarly unsound, damaged or defective load-bearing components which are incapable of supporting the imposed loads safely at all points.
Exterior porches, landings, balconies, stairs and fire escapes. Structurally unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs and loose, crumbling or falling bricks, stones, mortar or plaster.
Projecting surfaces. Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.
Windows, doors, etc. Broken glass or windows and rotten, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other junior exterior component parts of buildings or structures.
Exterior walls, sidings and roofs. Exterior walls, sidings, gutters and leaders and roofs shall be kept structurally sound, in good repair and free from defects.
Exterior chimneys: Exterior chimneys shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed.
Steps, walks, driveways and parking lots. Steps, walks, driveways, parking lots, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, or necessary repairs or replacement shall be performed promptly.
Enforcement officer. It shall be the duty and responsibility of the Zoning Officer of the Village of Perry and the Perry Police Department to enforce the provisions of this article as herein provided.
Coordination of enforcement. Inspection of the premises and the issuing of orders in connection therewith under the provisions of this article shall be the exclusive responsibility of the Zoning Officer of the Village of Perry. Wherever in the opinion of the Zoning Officer it is necessary or desirable to have inspections of any condition by any other department, he shall arrange for this to be done. No order for correction of any violation under this article shall be issued without the approval of the Zoning Officer, and it shall be the responsibility of that official before issuing any such order to determine it has the concurrence of any other department or official of the government concerned with any matter involved on the case in question.
Inspections. The Zoning Officer is authorized to enter upon any land at any reasonable time for the purpose of performing his duty under this article, with prior notification.
Enforcement procedure. Whenever an enforcement officer determines that there is or has been a violation of any provision of this article, he shall give notice of such violation to the person, persons or entities responsible therefor under this article. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by certified mail, return receipt requested, to the last known address of the person or entity upon whom or which the same is served, as shown by the most recent tax records of the municipality, or a copy thereof handed to said person or persons, or a copy thereof left at the usual place of abode or office of said person or entities. Notice shall be given as aforesaid within or without the municipality. The notice shall also state that unless the violation is abated, cured, prevented or desisted within 30 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation. The enforcement officer may extend the period for compliance with the requirements of this article in regard to the violation stated in the notice for a period in excess of the aforesaid 30 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the thirty-day period, and in such cases the enforcement officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 30 days. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said thirty-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall be issued against the person, persons, entity or entities so notified. Any extension beyond 60 days must be approved by the Village Board.
Emergency conditions. Whenever the enforcement officer finds that an emergency condition in violation of this article exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of a notice as set forth in Subsection D above, reciting the existence of such emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other prevision of this article to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the enforcement officer, any such person shall be afforded a hearing before the Mayor as soon as reasonably possible. After such hearing and decision by the Mayor as to the existence or nonexistence of the emergency condition, the Mayor may continue such order in effect or modify or withdraw it, subject to the issuance of a summons for violation thereof if such order is continued.
Any person or entity who or which shall violate any of the provisions of this article or any order promulgated hereunder shall, after a summons is issued under the terms hereof, be punished as follows:
For the first offense, by a fine not to exceed $250.
For a second offense, by a fine not to exceed $500.
For a third offense or any subsequent offenses, by a fine not to exceed $750.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In any case where a provision of this article is found to be in conflict with or inconsistent with a provision of any other law which establishes a lower standard for the promotion and protection of the safety, health and welfare of its inhabitants, the provisions of this article shall prevail, and such other law or parts thereof are hereby declared to be repealed to the extent that they may be so found to be in conflict with this article.
The Village Board, by resolution, may cause any nuisance, hazard or litter as herein defined to be removed from any property within the Village of Perry upon the failure of such owner, tenant or occupant to comply with the written notice aforementioned within the time limit. Said removal shall be performed by the Department of Public Works or other designee, including a private contractor. The Village Board shall ascertain the cost of such removal, and such cost shall be charged and assessed against the owner, tenant or occupant of the property. The expense 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 Village charges.
The removal of any nuisance, hazard or litter by the Village of Perry or its designee shall not operate to excuse such owner, tenant or occupant from properly maintaining his or its property as hereinabove set forth, and such owner, tenant or occupant shall, notwithstanding, be subject to the penalties above mentioned.
If such removal work is to be performed by a private contractor, it shall be subject to the competitive bidding requirements for all public contracts contained in the laws of the State of New York.