[HISTORY: Adopted by the Mayor and Council
of the Town of New Windsor as Chapter 5.08 of the 1998 Code. Amendments
noted where applicable.
[Amended 11-2-2011 by Ord. No. 10-05-11A]
The purpose of this chapter is to require that
property be kept clean and free from dirt, filth, garbage and similar
matter, that it be kept free from vermin and rodent infestation and
be kept in such repair as to be fit for human habitation and use and
to provide for the control of weeds and vegetation on lots or other
properties within the Town, and to authorize the Mayor and Council
to issue orders compelling compliance with the provisions hereof,
and to correct such conditions at the expense of the occupants or
owners of properties on which such violations occur.
[Amended 11-2-2011 by Ord. No. 10-05-11A]
A.
Every property
within the Town of New Windsor and every part thereof shall be kept
so clean and free from any accumulation of dirt, filth, rubbish, garbage
or similar matter as not to be a danger to the health of any occupant
or user thereof and shall be kept free from vermin and rodent infestation.
All yards, lawns and vacant lots shall be similarly kept clean and
free from weeds exceeding 12 inches in height. The property owner
or owners shall maintain abutting roadside improvements along the
portion of the property that abuts the public road or right-of-way,
including any vegetation between the sidewalk and the curb or street,
including any trees located therein, regardless of the property lines
or right-of-way boundaries. The property owner or owners shall also
trim or remove all or any portion of any tree, hedge or other vegetation
which overhangs or encroaches upon the sidewalk or right-of-way area
or which creates an obstruction to view. It shall be the duty of each
occupant or owners of a property to keep in a clean condition that
portion of the property which he or she occupies or over which he
or she has exclusive control.
B.
If the
occupant or owner shall fail to keep his or her portion of the property
clean, as above provided, the Mayor or Town Manager shall send a written
notice to such occupant or owner requesting that said condition be
remedied within the time specified in said notice, said time not to
be less than three days. Failure of such occupant or owner to comply
shall be deemed a violation of this chapter, and upon conviction,
such occupant or owners shall be subject to the penalty or penalties
herein provided.
Every dwelling and every part thereof shall
be maintained in such good repair by the owner or agent as to be fit
for human habitation.
A.
Whenever any dwelling or any building, structure,
excavation, matter, condition or thing in or about a dwelling or the
lot on which it is situated or the plumbing, sewerage, drainage, light
or ventilation thereof is found by the Mayor and Council to be dangerous
or detrimental to life or health, the Mayor and Council may order
that the matter, condition or thing be removed, abated, suspended,
altered or otherwise improved, as the order shall specify. If any
such order of the Mayor and Council issued under the authority of
the provisions of this section is not complied with within three days
after the service thereof, then such order may be executed by the
Mayor and Council through its officers, agents, employees or contractors,
and the expense incurred incident to the execution of said order shall
be paid by the owner of said property, and such expense may be recovered
by the Town of New Windsor by appropriate legal action, or the Mayor
and Council may order such premises vacated until such premises shall
be made to comply with the conditions of this chapter. Before proceeding
to execute such order, a copy of such notice shall be sent to the
owner of the property or his or her agent, if names and addresses
on a diligent search can be ascertained, and such notice shall be
posted on said premises at least three days before the Mayor and Council
proceed to incur such expenses, unless the condition is of such character
as to require immediate action, in which case the time of the notice
shall be such as, in the judgment of the Mayor and Council, is reasonable
and proper.
B.
Whenever it shall be found by the Mayor and Council
that a dwelling is unfit for human habitation or dangerous to life
or health by reason of want of repair of defects in the drainage,
plumbing, lighting, ventilation or the construction of the same or
by reason of the existence on the premises of any condition likely
to cause sickness or injury among the occupants of said dwelling or
for any other causes affecting the public health, the Mayor and Council
may issue an order requiring such dwelling to be vacated after the
expiration of 15 days from the date that said order was served on
the owner or occupant and he or she has been given an opportunity
to be heard. A copy of such order shall be sent to the owner of the
property or his or her agent, if names and addresses on a diligent
search can be ascertained. The dwelling so ordered to be vacated shall
not again be occupied until a written statement shall have been secured
from the Mayor and Council showing that the dwelling has been made
to comply with this or any other existing law and has been made fit
for occupancy.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the Town of New Windsor, as executor, administrator, trustee, guardian
or agent, such person shall be deemed and taken to be the owner or
owners of such property within the intent and meaning of this chapter
and shall be bound to comply with the provisions of this chapter to
the same extent as the owner; and notice to any such person of any
order or decision of the Mayor and Council shall be deemed and taken
to be a good and sufficient notice as if such person or persons were
actually the owner or owners of such property.
The Mayor and Council is authorized and empowered
to make and adopt such rules and regulations as they may deem proper
and necessary for the enforcement of this chapter for the better production
of the health of the Town under authority granted by this chapter.
[Amended 11-2-2011 by Ord. No. 10-05-11A[1]]
No person or persons, firm or corporation shall
set up, maintain or establish within the corporate limits of the Town
any camp or temporary or permanent place of abode in trailers, house
trailers, tents, wagons, vans, automobiles or trucks. Nothing herein
shall be construed to prohibit any sites designed for the use and
hookup for utilities of recreational vehicles, which sites have been
established prior to September 1, 2011.
Whenever the violation of any of the aforesaid
rules shall continue for a period of 15 days, the Clerk may notify
the owner of the premises wherein such violation occurs that he or
she has been advised of such violation and that a hearing will be
held at a time and place stated in said notice by the Mayor and Council
not less than five days thereafter, at which time said owner may be
heard and if upon said hearing the Mayor and Council is satisfied
that such violation exists, it may thereupon order said condition
to be abated, and unless the owner of said property makes the necessary
changes so as comply with said rules and regulations, the building
official shall have the right to cause said building to be vacated
and to remain vacated until said rules have been complied with.
The provisions of this chapter contain minimum
requirements for the protection of health and are in addition and
supplementary to any other ordinance, law, rule and regulation, and
nothing therein shall be construed to affect in any manner any of
the powers and duties of the State Board of Health or County Board
of Health or any public general or public local law relating to the
subject of health.
