This chapter shall be known as the "Property
Maintenance Law of the Village of Saugerties" and may be referred
to in the short form as the "Property Maintenance Law" or in this
chapter as "this chapter."
In order to prevent blight and the spread thereof,
it is hereby declared that all structures or properties, whether occupied
or vacant, shall be maintained in conformity with the standards set
out in this chapter so as to ensure that none of these structures
or properties will adversely affect their neighborhood or the community.
It is found and declared that by reason of lack of maintenance and
progressive deterioration, structures and properties have the further
effect of creating blighting conditions and initiating slums, and
the presence of brush, weeds and noxious or poisonous brush and weeds
creates the blighting effect of causing poor drainage, 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 sums of public funds to correct and eliminate the same. By reason
of timely regulations, 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.
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 provisions of this chapter, whether
or not such structure shall have been constructed, altered or repaired
before or after the enactment of this chapter 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 chapter.
When this chapter is in conflict with any other
local law, ordinance, statute, rule, regulation or any other code
or ordinance adopted by the Village of Saugerties, the most restrictive
law shall prevail.
Nothing in this chapter shall be deemed to abolish
or impair existing 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 chapter, 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.
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.
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.
GARBAGE
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
NUISANCE
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
York, any of its agencies or this chapter; 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 to 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 chapter.
OPERATOR
Any person, persons or entity not the owner, who 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 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 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 is a lessee, sublessee or assignee of a lessee 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 section 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.
RUBBISH
All combustible and noncombustible waste materials other
than garbage; and the term shall include paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and the residue from
burning wood, coal, coke or other combustible material and solid commercial
and industrial waste. No chemicals such as those used in swimming
pools, oil, gasoline or any other chemical which could cause a fire,
explosion or obnoxious gas shall be considered rubbish.
Every owner, occupant or operator of property
shall install any mailbox solely in compliance with the rules and
regulations of the United States Postal Service. The mailbox shall
be installed in such a manner which will not interfere with the speedy
and efficient removal of snow and/or ice from the other right-of-way
by the Highway Department. The installation of a mailbox within any
public right-of-way shall be at the sole risk and liability of the
owner, occupant or operator of the abutting real property, and the
Village of Saugerties shall not be liable for any damage to any such
mailbox.
Every person convicted of a violation of any
of the provisions of this chapter shall, for the first conviction
thereof, be punished by a fine of not less than $100 and not more
than $500; for a second or subsequent conviction within 12 months
after any previous conviction, such person shall be punished by a
fine of not less than $200 and not more than $1,000 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
Each day of continued violation shall constitute a separate additional
violation.