[HISTORY: Adopted by the Town Board of the Town of Manchester 4-9-1996
by L.L. No. 4-1996; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.]
This chapter shall be known as the "Property Maintenance Code of the
Town of Manchester," hereinafter referred to as "this code."
The intent of this chapter shall be:
A.
To ensure that all structures and properties, whether
occupied or vacant, shall be maintained in conformity with the standards set
forth in this chapter; that no structure or properties will adversely affect
their neighborhood, abutting or adjacent private and public property or community
by reason of lack of maintenance and progressive deterioration, including
the presence of brush, weeds and noxious or poisonous brush and weeds.
B.
To ensure public health, safety and welfare. Existing
structures and properties that are not in compliance with these provisions
shall be altered or repaired to ensure public health safety and welfare.
A.
The provisions of this code shall apply to all existing
and future residential and nonresidential structures and premises, including
but not limited to all parking lots, parking areas, roadways. This code shall
constitute minimum requirements and standards for premises, structures, equipment,
vehicles and vehicle parts, facilities for light, ventilation, exhaust, fumes
dust, odor, noise, debris, sanitation, protection from the elements, health,
life safety, safety from fire and other hazards, and for sanitary maintenance,
the responsibility of owners, operators and occupants, the occupancy and maintenance
of existing structures and premises, and for administration, enforcement and
penalties.
B.
The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Subsection A. Where in a specific case, different sections of this code and the Code of the Town of Manchester specify different requirements, the most restrictive shall govern.
C.
Requirements not covered by code. Requirements necessary
for the strength, stability or proper operation of an existing fixture, structure
or equipment, or for the public safety, health and general welfare, not specifically
covered by this code, shall be determined by the Code Enforcement Officer.
The Code Enforcement Officer may require a Town Engineer or public health
officer to review the application, and all reasonable review costs or expenses
shall paid by the property owner.
Maintenance activities as recommended by the Engineer for the Town and approved by the Planning Board may require each owner of record of the premises and/or structure to jointly execute and file with the Town Clerk surety which shall guarantee that work shall be in conformity with the approved requirements, codes, and standards and which shall provide funds for the restoration of the property by the Town, if necessary. Surety will be administered according to the applicable provisions outlined in Article IV, Surety, of Chapter 275, Subdivision of Land, of the Code of the Town of Manchester.
Equipment, systems, devices and safeguards required by this code or
a previous regulation or code under which the structure or premises was constructed,
altered or repaired shall be maintained in good working order. The requirements
of this code require the maintenance of fire protection and safety systems
and devices in existing structures. Except as otherwise specified herein,
the owner or the owner's designated agent shall be responsible for the maintenance
of roadways, parking lots, buildings, structures, and premises, and further
for the health, safety, welfare, protection of property and public from exhaust,
fumes dust, odor, debris and noise.
Repairs, additions or alterations to a structure, changes of occupancy
or premises shall be done in accordance with the procedures and provisions
of the Code of the Town of Manchester, the New York State Uniform Fire Prevention
and Building Code, the International Building, Plumbing, Mechanical and Electrical
Codes and other applicable codes.
The provisions of this code shall not be mandatory for existing buildings
or structures designated by the state or local jurisdiction as historic buildings
when such buildings or structures are judged by the Code Official to be safe
and in the public interest of health, safety and welfare.
A.
General. The Code Enforcement Officers of the Town of
Manchester, or designee, shall be known as the "Code Official," charged with
property maintenance inspection and enforcement of the provisions of this
code.
B.
Inspections. The Code Official shall make all of the
required inspections, or shall accept reports of inspection by approved agencies
or individuals. All reports of such inspections shall be in writing and be
certified by a responsible officer of such approved agency or by the responsible
individual. The Code Official is authorized to engage such expert opinion
as deemed necessary to report and advise upon technical issues that arise,
subject to the approval of the appointing authority.
C.
Enforcement. The Town of Manchester Code Enforcement
Officer or any law enforcement agency having jurisdiction within the Town
of Manchester is hereby authorized to enforce this chapter and conduct inspections.
D.
Right of entry. The Code Official is authorized to enter
the structure or premises at reasonable times to inspect subject to constitutional
restrictions on unreasonable searches and seizures. If entry is refused or
not obtained, the Code Official is authorized to pursue recourse as provided
by law.
A.
Notice to owner or person or persons responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person responsible therefor in the manner prescribed in Subsections B and C. Notices with condemnation procedures shall also comply with § 252-14H.
B.
Form. Such notice prescribed in Subsection A shall be in accordance with all of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for
identification.
(3)
Include an enumeration of conditions which violate the
provisions of this chapter.
(4)
Include an enumeration of the remedial action required
to meet the standards of this chapter.
(5)
Include a correction notice of a definite number of days
from the date of the notice in which the owner or operator must commence to
make repairs or improvements or commence demolition to bring the dwelling
unit or structure into compliance.
(6)
Inform the property owner of the right of appeal.
(7)
Include a statement of the penalties for noncompliance,
as set forth herein.
C.
Method of service.
(2)
If the notice is returned showing that the letter was
not delivered, a copy thereof shall be posted in a conspicuous place in or
about the structure affected by such notice and by regular postal service,
only if attempts to serve the owner occupant by the first two methods set
out are unsuccessful.
D.
Upon failure to comply with said notice, the Code/Health
Enforcement Officer, or public servant shall issue an appearance ticket returnable
in the Town Court.
It shall be unlawful for the owner of any dwelling unit, structure or
property who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose of
such dwelling unit, structure or property to another until the provisions
of the compliance order or notice of violation have been complied with, or
until such owner shall first furnish the grantee, transferee, mortgagee or
lessee a true copy of any compliance order or notice of violation issued by
the Code Official and shall furnish to the Code Official a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging
the receipt of such compliance order or notice or violation fully accepting
the responsibility without condition for making the corrections or repairs
required by such compliance order or notice of violation.
A.
Unlawful acts. It shall be unlawful for a person, firm
or corporation to be in conflict with or in violation of any of the provisions
of this code.
B.
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 252-9 shall be deemed guilty of a misdemeanor, and the violations shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
Any person, firm or corporation who shall violate a provision of this
code, or fail to comply therewith, or with any of the requirements thereof,
shall be prosecuted within the limits provided by state or local laws. Any
violation of this chapter is an offense punishable by a fine not exceeding
$250 for conviction of a first offense. A conviction of a second offense,
both of which were committed within a period of two years, shall be punishable
by a fine not less than $250, or imprisonment for a period not to exceed 15
days, or both. However for the purpose of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall be deemed
violations and for such purposes only all provisions of law relating to violations
shall apply to such violations. For the purposes of this chapter
each day's continued existence of a violation shall constitute a separate
violation.
The imposition of the penalties herein prescribed shall not preclude
the legal officer of the jurisdiction from instituting appropriate action
to restrain, correct or abate a violation, or to prevent illegal occupancy
of a building, structure or premises, or to stop an illegal act, conduct,
business or utilization of the building, structure or premises.
A.
General. When a structure, property, premises or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned to protect health, property, safety and welfare pursuant to the provisions of this code and/or applicable international property maintenance, state fire and building codes, the provisions of Chapter 128, Buildings, Unsafe, of the Code of the Town of Manchester shall apply.
B.
Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public, or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, in need of repair or of such faulty construction or unstable foundation, that partial or complete collapse is possible. The provisions of Chapter 128, Buildings, Unsafe, of the Code of the Town of Manchester shall apply.
C.
Unsafe equipment. Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway electrical wiring or device,
flammable liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment is a
hazard to life, health, property or safety of the public or occupants of the
premises or structure.
D.
Unsafe property. Unsafe property shall conform to all applicable codes, as well as Chapter 196, Grading, Excavating, Clearing, Filling and Mining; and § 325-28, Grading, excavating, clearing, filling and mining; and § 325-55, Debris management, of Chapter 325, Zoning, of the Code of the Town of Manchester.
E.
Structure unfit for human occupancy. A structure is unfit
for human occupancy whenever the Code Official finds that such structure is
unsafe or unlawful or, because of the degree to which the structure is in
disrepair or lacks maintenance, is unsanitary, vermin or rat infested, or
contains filth, offal, manure, garbage or other decomposable organic putrescible
matter, and contamination, or lacks ventilation, illumination, sanitary or
heating facilities or other essential equipment required by this code or applicable
codes or because the location of the structure constitutes a hazard to the
occupants of the structure or to the public.
F.
Unlawful structure. An "unlawful structure" is a structure
erected, altered or occupied contrary to law and/or occupied by more persons
than permitted by law or code.
G.
Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons. All applicable New York State and local laws and codes, including but not limited to the enforcement of Chapter 128, Buildings, Unsafe, of the Code of the Town of Manchester, shall apply.
H.
Notice. Whenever the Code Official has condemned a structure,
premises or equipment under the provisions of this section, notice shall be
posted in a conspicuous place in or about the structure affected by such notice
and served on the owner or the person or persons responsible for the structure
or equipment in accordance with Section D. If the notice pertains to equipment,
it shall also be placed on the condemned equipment.
I.
Placards. Upon failure of the owner or person responsible
to comply with the notice provisions within the time given, the Code Official
shall post on the premises or on defective equipment a placard bearing the
word "Condemned" and a statement of the penalties provided for occupying the
premises operating the equipment or removing the placard.
J.
Prohibited occupancy. Any person who shall occupy a placarded
premises or shall operate placarded equipment and any owner or any person
responsible for the premises who shall let anyone occupy a placarded premises
or operate placarded equipment shall be liable for the penalties provided
by this code.
K.
Removal of a placard. Any person who defaces or removes
a condemnation placard without the approval of the Code Official shall be
subject to the penalties provided by this code.
[1]
Editor's Note: See also Ch. .
A.
Imminent danger. Upon a finding of the Code Official,
there is imminent danger of failure or collapse of a building structure or
imminent danger upon a premises which endangers life or when any part of a
structure has fallen and life is endangered by the occupation of the structure
or when there is actual or potential danger to the building occupants or persons
or property in proximity of any structure, the Code Official is hereby authorized
and empowered to order and require the occupants to vacate the premises forthwith.
The Code Official shall cause to be posted at each entrance to such structure
or property a notice reading as follows: "The Structure is Unsafe and Its
Occupancy Has Been Prohibited by the Code Official." It shall be unlawful
for any person to enter such structure except for the purpose of securing
the structure, making the required repairs, removing the hazardous condition
or of demolishing the same or health and safety reasons or investigation purposes.
B.
Temporary safeguards. Notwithstanding other provisions
of this code, whenever, in the opinion of the Code Official, there is imminent
danger due to an unsafe condition, the Code Official shall order the necessary
work to be done, including the boarding up of openings, to render such structure
temporarily safe whether or not the legal procedure herein described has been
instituted and shall cause such other action to be taken as the Code Official
deems necessary to meet such emergency. In the furtherance of public safety
the Code Official may consult with the Town Engineer, police or fire officials.
C.
Closing of streets. When necessary for public safety,
the Code Official shall temporarily close structures, or order the authority
having jurisdiction to close, sidewalks, streets, public ways and places adjacent
to unsafe structures, and prohibit the same from being utilized.
A.
Owners of premises, including single-family dwellings,
shall be responsible for compliance with this chapter and shall remain responsible
therefor, regardless of the fact that this chapter may place certain responsibility
on operators and occupants and regardless of any agreements between owners
and operators or occupants as to which party shall assume responsibility.
Owners of premises shall be responsible for maintenance of the premises in
a clean, safe and sanitary condition.
B.
Owners and or occupants of dwelling units shall be responsible
for compliance with this chapter in regard to the following:
(1)
Maintenance of that part of the premises which they occupy
and control in a clean, safe and sanitary condition in compliance with this
chapter and the New York State Department of Health rules and regulations
and the New York State Uniform Fire Prevention and Building Code.
(2)
Keeping all exits and passageways from the dwelling unit
clean and unencumbered.
(3)
Disposal of garbage and refuse into refuse containers
in a clean and sanitary manner. All exterior property and premises and the
interior of every structure shall be free from any accumulation of rubbish
or garbage which shall be removed to an appropriate solid waste facility.
(a)
The owner of every occupied premises shall provide a
sufficient supply and maintain a sufficient supply of approved, covered, leakproof
containers for rubbish, and or garbage, and the owner of the premises shall
be responsible for the removal of such rubbish or garbage.
No person shall hereafter be permitted to abandon, leave, dump, store
or keep any nuisance, hazard or litter or matter attractive to vermin upon
privately owned property within an R-1 District or any abutting district and
said property shall be kept free and clear of the same (except agricultural
products and animal feed managed under best management practices on an operational
farm in an A-1 District).
All structures shall be kept free from insect and rodent infestation.
All structures in which insects or rodents are found shall be promptly exterminated
by approved processes which will not be injurious to human health. After extermination,
proper precautions shall be taken to eliminate rodent harborage and prevent
reinfestation.
A.
All accessory structures, including detached garages, sheds, fences and walls, shall be maintained structurally sound and in good repair. All structures shall conform to § 325-24, Accessory structures, of Chapter 325, Zoning, of the Code of the Town of Manchester.
B.
Gates which are required to be self-closing and self-latching
shall be maintained in proper working condition.
No person shall willfully or wantonly damage, mutilate or deface any
exterior surface of any structure or building on any private or public property
by placing thereon any marking, carving or graffiti. It shall be the responsibility
of the owner to restore said surface to an approved state of maintenance and
repair.
Yards, courts, and vacant lots shall be kept clean and free of hazards.
Ground cover shall be properly established to prevent undue soil erosion
due to the elements as a result of property maintenance or excavation.
A.
General. The exterior of a structure shall be maintained
in good repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
B.
Protective treatment. All exterior surfaces, including
but not limited to doors, door and window frames, windows, missing windows
cornices, porches, additions and trim, shall be maintained in good condition.
Exterior wood surfaces other than decay-resistant woods, unpainted, rusted
metal or vinyl surfaces shall be protected from the elements and decay by
painting or other protective covering or treatment. To prevent temporary covering
or treatment the industry standard for application or applications of said
covering or treatment to be applied shall apply. The property owner and/or
tenant or manufactured home owner shall restore said surface to an approved
state of maintenance and repair in accordance with the product application
standards or multiple coverings sufficient to bring said property into reasonable
conformance with other like properties within the neighborhood and approved
by the Code Enforcement Officer. A period of three years or less shall be
considered a temporary covering or application and not in conformance with
the requirements of this section.
C.
Structural members. All structural members of existing
and new construction shall be maintained free from deterioration and shall
be capable of safely supporting the imposed dead and live loads.
D.
Foundation walls. All existing and new construction foundation
walls shall be maintained plumb and free from open cracks and breaks and shall
be kept in such condition so as to prevent the entry of rodents.
E.
Exterior walls. All exterior walls shall be free from
holes, breaks, loose or rotting materials and shall be maintained weatherproof
and properly surface-coated where required to prevent deterioration.
F.
Roofs and drainage. The roof and flashing of existing
structures and new construction shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration
in the walls or interior portion of the structure. Roof drains, gutters and
downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance
or trespass.
G.
Decorative features. All existing cornices, belt courses,
corbels, terra cotta trim, wall facings and similar decorative features shall
be maintained in good repair with proper anchorage and in a safe condition.
H.
Overhang extensions. All existing and new construction
canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust
ducts, lighting fixtures and similar overhang extensions shall be maintained
in good repair and be properly anchored so as to be kept in a sound condition.
When required, all exposed surfaces of metal or wood shall be protected from
the elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
I.
Chimneys and towers. All chimneys, cooling towers, smoke
stacks and similar appurtenance shall be maintained structurally safe and
in good repair. All exposed surfaces of metal or wood shall be protected from
the elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
A.
The owner of property, or preexisting uses, under construction
property, excavated land, parking lots, storage areas or properties in use
shall be responsible for the maintenance of the premises in a manner not to
create or maintain a hazardous condition and shall prevent dust, debris, fumes
or exhaust of other particles of dirt or ash from being blown and creating
a public nuisance. Said owner shall take all necessary and reasonable steps
to ensure that the health safety and welfare of adjacent properties or properties
across highways and streets, which shall also be considered neighboring properties
or adjacent properties.
B.
Steps, walks, driveways, parking areas and similar paved
areas existing, under construction or land development or in use shall be
maintained so as to afford safe passage under normal use and weather conditions.
Any holes in pavement or parking areas shall be repaired and hard surfaced,
other hazards that may exist shall be promptly filled or necessary repairs
or replacements carried out. All off-street parking areas shall be swept clean
not less than twice each year.
(1)
All repairs, construction, and/or design are subject
to inspection and approval and authorization of the Code Enforcement Officer.
C.
It shall be the responsibility of the owner of property,
existing parking lots, storage areas or properties in use, under construction
or development to maintain and prevent litter, dirt, mud, or other debris
from being deposited, or allowed or remain upon a public highway or property
of another. In the interest of public safety the Code Enforcement Officer
may require the Town Highway Department to clean and remove such litter, dirt,
mud or other debris from the public highway and such reasonable costs shall
be applied to the property tax roll or property owner in a manner determined
by the Town Board of the Town of Manchester.
D.
No person, firm or corporation shall permit, or deposit,
or allow to be deposited upon the public right-of-way, or obstruct a public
sidewalk with any junk, construction materials, debris, household appliance
and the like.
E.
Drainage of roofs and paved areas, yards and courts,
and other open areas on the premises shall not be discharged or flow in a
manner that creates a public nuisance, ice across public sidewalks, roadways
or trespasses upon property of another.
F.
All open wells, cisterns, cesspools, cellars or otherwise
unnatural declivities shall be kept covered, barricaded or otherwise closed
or secured from public access and shall be kept free of stagnant water and
debris. All temporary excavations and declivities shall be kept covered and
barricaded so as to protect the general public from injury.
A.
All existing parking lots shall be clearly marked indicating
parking areas and spaces. Such markings must be maintained at all times and
in a clear and legible manner. The Code Enforcement Officer may require approval
by the Planning Board. When applicable adherence to the Uniform Manual of
Traffic Control Devices of the State of New York Department of Transportation
shall be followed.
B.
The owner of multiple housing units or complex shall be responsible to remove snow and ice from all parking areas streets or roadways. No snow or ice shall be placed upon the public right-of-way. A clear sight distance at each ingress or egress as required by Chapter 325, Zoning, of the Code of the Town of Manchester shall be free of snow.
The owner of multiple housing units or complex shall be responsible
to remove and keep free all pedestrian sidewalks and handicapped ramps of
snow and ice to provide for a safe walking environment.
A.
For work being done on property, either the prime or
general contractor or the owner, corporation or partnership shall be held
responsible.
B.
Construction materials or building materials may be stored
in any area of the property upon which construction is being carried on, provided
that the method of storage and the materials stored are in compliance with
the requirements of this chapter. Storage of material shall not be permitted
for a period exceeding six months. Exception period may be extended in writing
by the Code Enforcement Officer for a period not to exceed six months or one
year from the original issuance of the permit. No materials, goods or supplies
may be stored in any front yard or exterior or interior side yard. A debris
plan for removal of debris shall be provided with each reconstruction or construction
project.
C.
Decomposing, damaged or broken construction materials,
building materials, lumber, other related items, debris, brush or trash that
may harbor rodents or insect infestation shall be removed from the property.
On property under construction or repair, removal shall be continuous and
routine throughout the permit period. No such materials shall be allowed to
remain on any property. A debris plan for removal of debris shall be provided
with each reconstruction or construction project.
D.
Drainage crossing the property being developed must be
maintained during the period of development, and no materials may be stored,
land disturbed or other work done to interfere with drainage or to divert
or cause runoff of groundwater or stormwater in an unnatural manner or path.
E.
A temporary cover such as rye grass or mulch must be applied on land that has been stripped of its protective vegetation during the course of its construction to prevent the spread of dust and mud. The provisions of Chapter 269, Stormwater Management; Erosion and Sediment Control, of the Code of the Town of Manchester shall apply.
F.
All excavations or repairs adjacent, above, in or near
a public or private walkway or public right-of-way, highway or street must
be properly guarded to protect at all times by lights, flags, barricades or
other warnings sufficient in kind and amount to warn the public of the danger
of falling objects or of falling into the excavation.
G.
Grounds and buildings must be kept free of debris such
as broken glass, boards with fastenings protruding and other articles making
travel around the job site dangerous and unsafe.
H.
Fences and walls shall be maintained in a safe and structurally
safe and sound condition. 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 replacement
and/or repair of fences which may become in disrepair.
I.
Trees, shrubs or other vegetation shall be pruned such
that they will not obstruct the passage of pedestrians on sidewalks. All maintenance
or planting of trees on the public right-of-way shall be done by or approved
by the Town of Manchester or other appropriate authority.
