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.
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:
DETERIORATION
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.
ENFORCEMENT OFFICER
The Village Zoning Officer or his authorized representative
shall be the enforcement officer.
EXTERIOR OF PREMISES
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.
EXTERMINATION
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.
FIRE HAZARD
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.
NATURAL WATERWAY
An area along streams, rivers, creeks, gullies, springs which
varies in width. (https:/www.lawinsider.com/dictionary/natural-waterways)
[Added 5-18-2020 by L.L.
No. 1-2022]
NUISANCE
A.
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.
B.
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.
OCCUPANT
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.
OPERATOR
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.
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.
PREMISES
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
SEWER, SANITARY
A sewer which carries sewage and to which stormwater, surface
water, and groundwater are not intentionally admitted.
[Added 5-18-2020 by L.L.
No. 1-2022]
SEWER, STORM (STORM DRAIN)
A sewer which carries stormwater and surface water and drainage
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
[Added 5-18-2020 by L.L.
No. 1-2022]
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.
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:
A. For the first offense, by a fine not to exceed $250.
B. For a second offense, by a fine not to exceed $500.
C. For a third offense or any subsequent offenses, by
a fine not to exceed $750.
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.