[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.
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]
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.