As used in this chapter, the following terms shall have the meanings
indicated:
POLLUTED WATER
Water in a swimming pool, pond or other body of water donating bacterial
growth, algae, remains of insects or deceased animals, reptiles, rubbish,
refuse, debris, papers or any other foreign material constituting an unhealthy,
unsafe or unsightly condition.
PREMISES
Any lot or lots and the buildings or structures located thereon.
PROPERTY OWNER
The owner of the premises where a public nuisance is located, as
indicated on the last available tax assessment roll.
REFUSE AND WASTE MATTER
Unused or discarded matter having little or no substantial market
value, including but not limited to rubble, asphalt, concrete and building
material, plaster, tile, rocks, bricks, soil, crates, cartons, containers,
boxes, machinery, or parts thereof, scrap metal, furniture, inoperative vehicles,
vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles
and barrels.
STATE OF PARTIAL CONSTRUCTION
Buildings and structures which are partially constructed when the
building permit for such construction has expired.
No person shall create, maintain or allow any nuisance as declared in
this chapter to remain on any premises within the village.
The following are declared public nuisances:
A. Buildings or structures which are abandoned, partially
destroyed or in a state of partial construction.
B. Buildings or structures that have dry rot or warped materials,
are infested with termites, or the paint is cracked, peeled or blistered,
rendering the building unsightly.
C. Exterior walls, fences, driveways or sidewalks in a condition
of deterioration or disrepair which are defective or unsightly.
D. Broken windows, damaged doors or gates which constitute
a health or safety hazard or which act as an invitation to trespassers, vagrants,
wild or domestic animals or minor children.
E. Parking or storing construction equipment, machinery
or building materials in a residential zone, except during excavation, construction
or demolition operations conducted pursuant to a building or grading permit.
F. Land graded which causes or may cause eroding, subsidence
or surface water or drainage problems and is injurious or potentially injurious
to adjacent properties and the public health, safety and welfare.
G. Any excavation, pit, well or hole maintained in a manner
that is dangerous to life or limb.
H. Any accumulation of dust, sand, gravel, refuse and waste
matter or discarded materials that endangers public health and safety.
I. Outdoor stairs, porches, hand railings, balconies and
swings not maintained in accordance with the Uniform Building Code.
J. Any swimming pool, spa pond, foundation or other body
of water which is abandoned, unattended, unfiltered or not otherwise maintained
resulting in polluted water.
K. Premises so maintained as to cause the accumulation of
polluted or stagnant water from any source which may cause a hazardous or
unhealthy condition, breeding area for insects or erosion of foundation walls
or soil.
L. The use of any spray paint, dye, chalk or similar substance
to mark or deface any building, structure, hillside, rock(s), storm channel
or any other surface open to public view, which is commonly known as "graffiti."
M. Violation of any of the zoning or sign ordinances of
the village or any of the uniform codes adopted by the village including the
Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings,
Plumbing Code, Electrical Code, Mechanical Code, Swimming Pool Code, Health
Code, and Uniform Housing Code.
N. Maintenance of property so out of harmony or conformity
with the maintenance standards of adjacent properties, which causes a substantial
diminution in the enjoyment, use or value of adjacent properties.
O. Outdoor burning of any material or structure unless authorized
by the Village Fire Department or authorized representative by issuance of
a permit.
P. Permitting any abandoned, unattended or discarded icebox,
refrigerator, freezer or other similar container with an airtight door or
lid that cannot be readily released from the inside to remain unattended inside
or outside any building or structure with door not removed.
Q. Stockpiling fill dirt or other material.
R. Maintenance of grounds, landscape, shrubs, plants or
vegetation visible from the public right-of-way which causes a substantial
diminution in the enjoyment, use or value of adjacent properties.
S. Allowing the following to exist on property:
(1) Lumber, junk, refuse and waste matter or abandoned, discarded
or unused objects or equipment such as furniture, appliances and play equipment,
which is visible from the public right-of-way.
(2) Attractive nuisances, such as abandoned or broken equipment
and machinery, hazardous pools and excavations.
(3) Clotheslines located in front yards or side yards of
corner lots, clothes hung to dry on walls, fences, trees, buses or inside
open garages or carports which can be observed from the public right-of-way.
(4) Materials stored on rooftops which are visible from the
public right-of-way.
(5) Trash containers or plastic bags causing offensive odors
or a breeding place for flies.
(6) Gasoline, oil, grease, water or other materials flowing
on to a right-of-way or an accumulation of refuse, waste, grease and oil on
any surface, including but not limited to surfaces such as improved or unimproved
ground, rights-of-way, buildings, structures, walls or fences.
(7) Any tree, shrubbery or plant growing onto or over the
public right-of-way which impairs pedestrian or vehicular traffic or prevents
drivers from clearly observing safety signs and signals.
(8) Dead, decayed, diseased or hazardous trees, hedges, weeds,
shrubs and overgrown vegetation likely to harbor rats or vermin or constitute
an unsightly appearance or fire hazard.
T. Dumping refuse and waste matter upon the following:
(1) Any public or private highway or road.
(2) Private property where the public is admitted by easement
or license.
(3) Private property with or without the consent of the property
owner.
(4) Any public property not designated for such purpose.
U. Dumping or placing any rocks or dirt upon private property
without the consent of the state or local agency retaining jurisdiction over
such highway or property.
V. Repairing, storing or otherwise working on any motor
vehicle or parts thereof not belonging to the person residing on the premises
in any residential area within the village, unless:
(1) Such activities are completely enclosed and not visible
from the public right-of-way; or
(2) Such activities constitute emergency repairs, provided
that such repairs do not exceed seventy-two (72) hours.
W. Parking a vehicle in public view when a failure to maintain
its exterior causes such vehicle to constitute an eyesore. Vehicles shall
be deemed unsightly when body parts rust or become corroded, paint becomes
faded, chipped or peeled or the vehicle exterior becomes otherwise dilapidated.
X. Sanding or painting a vehicle anywhere in a residential
zone.
Y. Failure to obscure vehicles and equipment which are stored
in a residential zone out of public view.
Z. Storage of any item in a residential zone in a manner
which endangers public health and safety.
AA. Any offensive or unwholesome business or establishment
operated in a manner dangerous to the public health, safety and welfare.
BB. Those offenses declared a nuisance anywhere in the Code
of the village or the statutes of the State of New York or known at common
law as nuisances when the same exist within the jurisdiction of the village.
The following is a fine schedule for this chapter:
A. First convicted violation: fifty dollars ($50.) and court
fees.
B. Second convicted violation within a year: one hundred
fifty dollars ($150.) plus court fees.
C. Third conviction violation: five hundred dollars ($500.)
and/or ten (10) days in jail and court fees, all within the same year.