All residential, commercial and industrial premises within the Village
of West Carthage, whether improved or vacant, shall be maintained in conformity
with the provisions of this chapter so as to assure the desirable character
of the property.
As used in this chapter, the following terms shall have the meanings
indicated:
BUSINESS UNIT
A building or combination of buildings and the lot on which the same
is located, used wholly or in part for commercial purposes, including but
not limited to offices, places of public assembly, shopping centers, supermarkets,
retail stores, warehouses, manufacturing or fabrication plants, gasoline stations
and other business uses.
COURT
An open and unoccupied space on a lot and enclosed on at least three
sides by the walls of a building.
GARBAGE
Animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin or other pests.
JUNKED VEHICLES
Any vehicle, including a trailer, which is without a currently valid
license plate or plates and is in either a rusted, wrecked, discarded, dismantled,
partly dismantled, inoperative or an abandoned condition.
LITTER
Garbage, refuse and rubbish, as herein defined, and all other waste
material which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare or spoils the natural beauty
of our Village.
LOT
A plot, tract, premises or parcel of land, with or without buildings
or structures located thereon.
REFUSE
All solid wastes, including garbage, rubbish, ashes, street cleanings,
dead animals, junked vehicles and solid market and industrial wastes.
RUBBISH
Solid wastes consisting of, but not limited to, both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
UNOCCUPIED HAZARD
Any building or part thereof which remains unoccupied for a period
of more than six months, with either doors, windows or other openings broken,
removed or boarded or sealed up, or any building under the construction upon
which little or no construction work has been performed for a period of more
than six months.
YARD
An open space on the same lot which contains a building and is located
between the building line and the lot line which the particular building line
faces.
The provisions of this chapter shall supplement local laws, codes or
regulations existing in the Village of West Carthage and the other statutes
and regulations of municipal authorities having jurisdiction applicable thereto.
Where a provision of this chapter is found to be in conflict with any provision
of a local law, ordinance, code or regulation, the provision or requirement
which is more restrictive or which establishes the higher standard shall prevail.
An occupant of the premises shall be responsible for compliance with
this section in regard to the following:
A. Limiting the occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the Village Code.
B. Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
C. Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage facilities
in that part of the premises which he occupies or controls, in a clean and
sanitary condition and providing reasonable care in the operation and use
thereof.
D. Keeping exits from his building clear and unencumbered.
E. Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner, in accordance with the provisions of the Village
Code.
F. Extermination of insects, rodents or other pests within
his premises.
G. Maintenance of yards, lawns and courts in a clean, sanitary
and safe condition and free from infestation insofar as said occupant occupies
or controls said yards, lawns and courts or any parts thereof.
H. Keeping his domestic animals and pets in an appropriate
manner and under control.
I. Elimination of all prohibited uses for the part of the
premises which he occupies, controls or has access thereto.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both. Each week's
continuing violation shall be considered a separate offense.
[Added 9-27-2004 by L.L. No. 2-2004]
In addition, if yards, lawns, and courts are not maintained in a clean,
sanitary, and safe condition and free from infestation, it shall be lawful
for the Village to cause said yard, lawn, and/or court to be made clean, sanitary,
and safe, by removing debris, cutting grass, and taking such other action
as may be determined by the Code Enforcement Officer to be reasonably necessary.
The Village shall charge for such work the greater of $50 or the regular hourly
rate then in effect for such service, which shall be charged to the person
in control and shall also be assessed against the said property and shall
be collected, together with interest and penalties thereon, in the same manner
as any other taxes provided in the Village.