Multifamily premises, commercial premises and single-family
residences shall be maintained in conformity with the provision of
this chapter. The purpose of this chapter shall be to:
A. Provide for the public health, safety and welfare of the Village.
B. Avoid, prevent and eliminate the maintenance or creation of hazards
to the public health and safety.
C. 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.
D. Prevent the creation, continuation, extension or aggravation of blight.
E. Preserve property values in the Village.
F. Prevent the physical deterioration or progressive downgrading of
the quality of housing facilities in the Village.
G. Maintain the value and economic health of the commercial properties
and businesses that serve and help to support the Village and its
citizens.
H. Prevent and eliminate physical conditions in or on property which
constitute nuisances and are thereby potentially dangerous or hazardous
to the life, health or safety of persons on or near the premises where
such conditions exist.
I. Establish minimum standards governing the unattended growth of brush,
long grass, noxious weeds and other rank growths on private property
in the Village.
J. Fix responsibilities and duties therefor upon owners, lessees, operators
and occupants of property.
K. Regulate the maintenance, placement, sanitation and screening of
commercial and bulk refuse containers in such a manner as to reduce
to visual impacts, reduce odors, and eliminate potentially dangerous
health hazards to the public health.
L. Regulate the placement of temporary bulk refuse containers in such
a manner as to reduce to visual impacts, preserve property values,
and eliminate potential hazards to the public health and safety.
M. Provide for administration and enforcement of this legislation.
N. Fix penalties for the violation of this chapter.
For the purposes of this chapter, the following terms shall
have the meanings indicated. Commonplace words, where not defined,
shall have commonly accepted meanings.
BULK CONTAINERS, PERMANENT
Bulk containers used for the purpose of collecting private
or public refuse for the subsequent disposal by Village or private
haulers. Including but not limited to dumpsters, roll-offs, grease
containers, recycling bins, trailers or vehicles. Bulk refuse containers
shall be differentiated from residential-type moveable refuse or waste
disposal containers.
BULK CONTAINERS, TEMPORARY
Includes, but is not limited to, dumpsters, roll-offs, containers,
trailers or vehicles used on a temporary basis not exceeding a period
of 30 days.
COMMERCIAL PREMISES
A building, structure or land, together with any garage or
other accessory building and the lot upon which such buildings or
structures are constructed, used for any purpose other than for single-family
or multifamily purposes, including, but not limited to, premises used
for retail purposes, business purposes, lodging or industrial purposes.
Agricultural operations shall not be considered commercial premises.
FOOD SERVICE ESTABLISHMENT
Any commercial establishment, producing, processing, wholesaling,
warehousing, transporting, providing or retailing any food, including,
but not limited to, restaurants, groceries, meat and vegetable markets,
hotels, motels, bed-and-breakfast businesses, and other similar establishments.
FOOD WASTES
Including but not limited to table cleanings; fruit, vegetable
and animal parings and scraps; decaying or spoiled vegetable, animal
and fruit matter.
GARBAGE
Includes any and all rejected or waste household food, offal,
swill, kitchen refuse, and every refuse accumulation of animal, fruit
or vegetable matter, liquid or otherwise, that attends the preparation,
use, cooking and dealing in or storing of food, or meat, fish, fowl,
fruit or vegetable.
LITTER
Garbage, refuse and rubbish as herein defined and all other
waste material which, thrown or deposited as herein prohibited, tends
to create a hazard to public health, safety and welfare.
MAINTENANCE
Deemed to mean that all exposed exterior surfaces shall be
maintained free of broken or cracked glass, loose shingles or loose
or crumbling stones or bricks, loose shutters, railings, aerials,
excessive peeling paint or other condition reflective of deterioration
or inadequate maintenance. Said conditions shall be corrected by repair
or removal, all exposed exterior surfaces of structures not inherently
resistant to deterioration shall be coated, treated or sealed to protect
them from deterioration or weathering. Wood, masonry or other exterior
materials that will naturally resist deterioration do not have to
be treated but must be otherwise maintained in a sound, secure, workmanlike
manner. Exterior surfaces that have been painted or otherwise coated
must be maintained in a neat, orderly, serviceable manner. Every exterior
wall, roof, porch or appurtenance thereto shall be maintained in a
manner so as to prevent the collapse of the same or injury to the
occupants of the building or to the public.
MULTIFAMILY PREMISES
Any building which contains more than one dwelling unit,
together with any garage or other accessory buildings and the lot
upon which such building or buildings are constructed.
PERSON
Includes the owner, tenant, occupant, mortgagee or vendee,
sublessee, agent or any other person, firm or corporation, directly
or indirectly, in control of any premises, building or part thereof
or who is entitled to such control in preference of, but not necessarily
in exclusion of, all others.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street or yard cleanings,
dead animals, demolition and construction debris, vehicular parts,
offal and solid commercial and industrial wastes.
RESIDENTIAL WASTE CONTAINERS
Garbage and trash cans, barrels or similar containers commonly
used for the purpose of storage or disposal of household garbage.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible
and noncombustible materials such as papers, cardboard, bottles, cans,
yard clippings, discarded wood, grass, bedding, crockery, furniture,
power equipment, toys, bicycles, appliances or parts thereof and similar
other materials.
SINGLE-FAMILY RESIDENCE
A building which contains one dwelling unit, together with
any garage or other accessory building and the lot upon which such
building or buildings are constructed.
SOLID WASTE
Materials or substances discarded or rejected as being spent,
useless, worthless or in excess to the owner at the time of such discard
or rejection, except sewage.
Any person, upon conviction of a violation of this chapter,
shall be fined an amount not to exceed $100 for the first offense
and an amount not to exceed $200 for the second or any subsequent
offense reoccurring within a twelve-month period. In addition, such
person shall be subject to imprisonment for a term not exceeding 15
days for each offense, or both such fine and imprisonment. The continuation
of any offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder. However, for the purpose of conferring jurisdiction upon
court and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations.
All ordinances, local laws or resolutions or parts of ordinances,
local laws or resolutions of the Village of Hammondsport which are
inconsistent with the provisions of this chapter are hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency and that, in all respects, this chapter shall be
in addition to the other legislation regulating and governing the
subject matter covered by this chapter and the provision which establishes
the highest standard shall prevail.
If any section, paragraph, subsection or provision of this chapter
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this chapter as a whole, or any part or
provision thereof, other than the part so decided to be invalid or
unconstitutional.
This chapter shall take effect immediately upon the filing in
the office of the Secretary of State of the State of New York.