[Amended 2-24-1987 by L.L. No. 5-1987; 6-2-1999 by Ord. No. 2-99; 5-28-2003 by Ord. No. 5-2003; 5-24-2016 by Ord. No. 7-2016; 6-26-2018 by Ord. No. 12-2018]
A. Duties of owner.
(1) All premises and any buildings or structures thereon shall be kept
free of all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises and free of unsanitary
conditions, and any of the foregoing shall be promptly removed and
abated by the owner or operator. It shall be the duty of the owner
or operator to keep the premises free of hazards which include, but
are not limited to, the following:
(a)
Refuse and unsanitary conditions: broken glass, filth, garbage,
trash, paper, rubbish, litter, debris.
(b)
Ground surface hazards: holes, broken or missing pavement, loose
stone, excavations, breaks, projections and obstructions.
[Amended 10-13-2020 by Ord. No. 11-2020]
(c)
Recurring accumulations of stormwater. Adequate runoff drains
shall be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
(2) Such owner shall be liable for any injury or damage to any person or to such person's property occurring because of such owner's omission, failure or negligence to comply with the mandates of Subsection
A(1),
(2), (3) and (4) above.
B. Any persons violating this chapter shall be subject to the following
procedure:
(1) Warning notice. A written notice by the Code Enforcement Officer
or Health Inspector will be served either personally or by certified
mail, return receipt requested, or posting and first-class mail upon
the owner, mortgagee in possession, lessee or occupant or any person,
corporation or entity having the care or control of the premises,
to remedy the violation and bring the property into compliance within
72 hours from the time of such service. In the event that repair,
reconstruction or more extensive work is required, a reasonable period
will be allowed for compliance gauged according to the scope of the
required remedy.
(2) Failure to remedy. In the event the violation is not remedied within
the prescribed time the City shall be empowered to effect one or more
of the following:
(a)
To enter upon the subject premises or any exterior portion thereof
and to remove said trash deposit, unsanitary condition or source of
infestation using the most practicable method available. Thereafter,
to bill the property owner or mortgagee in possession for the services
rendered so as to recover the cost of all applicable labor, equipment,
supplies and tipping fees in addition to a minimum mobilization fee
of $200.
(b)
To issue a citation to be served upon the owner, designated
agent, mortgagee in possession, lessee and/or occupant requiring appearance
in court to answer the violations of this chapter duly charged therein.
(3) In the event of a violation of the provisions of this section and/or a failure to pay any assessment as described above within 30 days from billing, the City may proceed in accordance with any one or more of the specific penalties and remedies set forth in §
212-35 herein.
[Amended 12-23-1986 by Ord. No. 87-09; 5-28-2003 by Ord. No. 6-2003; 7-27-2004 by Ord. No.
8-2004; 9-25-2007 by Ord. No. 6-2007; 9-25-2007 by Ord. No. 7-2007; 4-28-2009 by Ord. No. 1-2009; 5-24-2011 by Res. No. 50-2011; 6-26-2018 by Ord. No. 12-2018; 10-9-2018 by Ord. No. 13-2018]
A. It shall be the responsibility of the owner or mortgagee in possession,
as the case may be, of any parcel of real property, whether or not
occupied, to maintain the grounds thereof. Premises must be kept landscaped,
and lawns, hedges and bushes must be kept mowed, trimmed and otherwise
kept from becoming overgrown. Premises must be kept free of noxious
growth. Lawns must be kept to a height of less than nine inches.
B. The City may, for limited periods at designated times of the year,
provide the service of collecting lawn trimmings, leaves, garden waste
and brush from the terrace. Such service shall be provided at the
discretion of the Director of Public Works and in accordance with
a schedule published by the City at least 30 days in advance on the
City's website and via other appropriate media. The following conditions
will apply:
(1) Lawn trimmings, leaves and garden waste must be set out in appropriately
marked biodegradable bags.
(2) Brush must be contained in an area not larger than five feet in length,
2 1/2 feet in height and 2 1/2 feet in depth.
C. In the event that landscaping refuse is set out in violation of the above conditions, and/or in the case of a violation of the maintenance requirements as set forth in Subsection
A above, a notice will be affixed to the same or, in the alternative, to the front door of the premises. Such notice shall require remediation of the violation or removal of the refuse from the curb within 72 hours from the time of posting.
(1) In the event the violation is not remedied or removal is not completed
within the prescribed time, the City shall be empowered to effect
one or more of the following:
(a)
To remove said landscaping refuse or otherwise remedy the violation
using the most practicable method available; to thereafter bill the
property owner or mortgagee in possession for the services rendered
so as to recover the cost of all applicable labor, equipment, supplies
and tipping fees in addition to a minimum mobilization fee of $200.
(b)
To issue a citation to be served upon the owner, designated
agent, mortgagee in possession, lessee and/or occupant requiring appearance
in court to answer the violations duly charged therein.
D. In the event of a violation of the provisions of this section and/or a failure to pay any assessment as described above within 30 days from billing, the City may proceed in accordance with any one more of the specific penalties and remedies set forth in §
212-35 herein.
On a corner lot, no fence, wall, hedge or other
structure or planting more than three feet in height shall be erected,
placed or maintained so as to obstruct visibility of vehicular traffic
within the triangular area formed by the intersecting street right-of-way
lines and a straight line joining said lines at points 20 feet distant
from the point of intersection, measured along said lines. This section
shall not be construed to eliminate any building or necessary retaining
wall erected prior to the adoption of this chapter.
[Amended 6-26-2018 by Ord. No. 12-2018]
The exterior of every building or structure, including fences,
signs, pavement markings, printed matter and pictures or illustrations
contained thereon and storefronts, shall be maintained in good repair.
All structural surfaces shall be maintained free of fire and safety
hazards, such as broken or missing windows, loose and falling shingles
and crumbling and falling stone or brick.
It shall be unlawful for any owner, operator
or occupant to allow or permit an electric or barbed wire fence to
be installed, erected or maintained in the City of Gloversville. Barbed
wire can be used for security purposes upon the issuance of a special
permit.
It shall be unlawful for any owner, operator
or occupant to allow or permit a deep-freeze unit, refrigerator or
other self-locking chest of any nature, not in use, to remain in any
place accessible to children unless the latching or locking mechanism
on the door or doors of the same has been removed or unless the doors
are bolted or locked in such manner that it is impossible to open
the same by use of hands.
The owner, operator and occupant shall have
the duty and responsibility of removing refuse, chemical spillage,
unnatural dust, shavings, accumulations of paint or lacquer and garbage
as often as shall be required. Uncovered organic refuse shall not
be stored for a period in excess of 24 hours.
[Amended 6-26-2018 by Ord. No. 12-2018]
A. No storage of rawhides or any other untreated or unprocessed organic
materials shall be permitted on any premises unless the storage area
is completely enclosed within a building.
B. No industrial operations shall be permitted outside of a building
without a special permit issued by the Planning Board.
C. No mercantile operations shall be permitted outside of a building
without a special permit issued by the Planning Board.
D. Exceptions. This section shall not apply to any of the following:
construction and demolition operations, maintenance and repair of
premises, landscaping operations, licensed automobile, boat or trailer
sales, loading and unloading of goods and materials, moving of materials
from building to building on the same premises, operations which are
normally performed outside of a building and incidental mercantile
operations on the same premises with a building.
[Amended 4-24-1990 by Ord. No. 90-08]
A. All nonresidential buildings and structures shall
be maintained in good repair, and all structural surfaces shall be
maintained free of fire and safety hazards. All building equipment
shall be maintained in a safe working condition, and safety devices
shall not be removed.
B. All foundations, exterior walls, roofs, windows, exterior
doors, basements, hatchways and all other exterior portions of buildings
shall be maintained weathertight and to prevent harborage.
[Amended 4-25-1995 by L.L. No. 4-1995]
All residential buildings shall be maintained
in good repair, and all structural surfaces shall be maintained free
of fire and safety hazards. All residential buildings shall comply
with the Housing Code of the City of Gloversville and the Uniform
Fire Prevention and Building Code.
[Added 5-27-1992 by Ord. No. 7-92; amended 8-24-1992 by Ord. No. 15-92; 2-23-1993 by Ord. No. 2-93; 9-25-2001 by Ord. No. 10-2001; 5-24-2016 by Ord. No. 8-2016; 7-12-2016 by Ord. No. 14-2016; 6-26-2018 by Ord. No.
12-2018]
A. The provisions previous codified herein have been recodified and incorporated into Gloversville City Code §
214-1C.
[Amended 4-23-2019 by Ord. No. 5-2019]
B. Garbage collection: three or fewer residential units per parcel.
[Amended 4-23-2019 by Ord. No. 5-2019]
(1) The provisions previously codified herein have been recodified and incorporated into Gloversville City Code Sections §
214-1D(1).
(2) The provisions previously codified herein have been recodified and incorporated into Gloversville City Code §
214-1D(2).
(3) Repealed due to redundancy.
(4) The provisions previously codified herein have been recodified and incorporated into Gloversville City Code Chapter
215.
(5) The provisions previously codified herein have been recodified and incorporated into Gloversville City Code Chapter
214.
C. Garbage collection: parcels with four or more residential units.
Owners of all parcels with four or more residential units shall be
responsible for private garbage collection and removal. Such owner
shall provide for regular collection, removal from the City and proper
disposal thereof on at least a weekly basis. In the event that a dumpster
is placed on site for collection, it must be emptied at least once
per week.
D. Violations of the provisions of Subsection
A,
B or
C above will result in the following:
(1) A notice shall be affixed to the offending items and/or to the front
door of the premises. Such notice shall require remediation of the
violation or removal of the refuse from the curb within 24 hours from
the time of posting. In the event the violation is not remedied or
removal is not completed within the prescribed time the City shall
be empowered to effect one or more of the following:
(a)
To remove the items from the curb using the most practicable
method available.
(b)
To thereafter bill the property owner or mortgagee in possession
for the services rendered so as to recover the cost of all applicable
labor, equipment, supplies and tipping fees in addition to a minimum
mobilization fee of $200; or a citation shall be served upon the owner,
designated agent, mortgagee in possession, lessee and/or occupant
requiring appearance in court to answer the violations duly charged
therein.
E. In the event of a violation of the provisions of this section and/or a failure to pay any assessment as described above within 30 days from billing, the City may proceed in accordance with any one or more of the specific penalties and remedies set forth in §
212-35 herein.
[Added 3-26-1993 by Ord. No. 3-93; amended 11-23-1993 by Ord. No. 15-93; 2-28-1995 by Ord. No. 2-95; 7-24-1996 by Ord. No. 10-96; 8-27-1996 by Ord. No. 12-96; 12-10-1997 by Ord. No.
14-97; 2-24-1998 by Ord. No. 3-98; 5-25-2005 by Ord. No. 2-2005; 9-25-2007 by Ord. No.
4-2007; 12-18-2007 by Ord. No. 8-2007; 5-10-2016 by Ord. No. 4-2016; 6-26-2018 by Ord. No. 12-2018]
A. A schedule for the collection of the bulk items referenced in Subsection
B herein shall be determined by the Director of Public Works and said schedule shall be published on the website of the City of Gloversville. In a circumstance where an individual is desirous to schedule a pickup of authorized bulk items exclusive of the published schedule, an application may be filed in the office of the City Clerk together with a pre-paid fee of $75, with the date of pickup being determined by the Director of Public Works unless items have already been tagged with a sticker as referenced in §
212-18C. In this circumstance, the cost to schedule a bulk pickup will be equivalent to the violation fee set forth in §
212-18C.
[Amended 7-14-2020 by Ord. No. 05-2020; 11-24-2020 by Ord. No. 12-2020]
B. Types of items. Bulk pickup items may include, but are not limited
to, household furniture, such as couch, chair, table, bed, mattress,
box springs and carpeting.
C. Any bulk item placed for curbside pickup not in compliance with the determined schedule described in Subsection
A above, or otherwise in violation of this chapter of the Gloversville City Code, shall be tagged with a sticker notice indicating the date and time that said sticker notice was placed on said bulk item. Notice of the administrative fine shall be delivered to the owner of record via first-class postal delivery at the address on file with the City of Gloversville for tax billing purposes. If the bulk item remains on the curb for 72 hours after it has been tagged, the City will pick up the bulk items, billing the owner a flat fee for labor, equipment used, tipping fees and mobilization, as follows:
[Amended 11-24-2020 by Ord. No. 12-2020]
(1) For
the collection of no more than three items, all of which can be carried
by one person, the fee shall be $150.
(2) For
the collection of more than three items, or the collection of any
item for which more than one person is required, and with all items
placed within a space measuring no more than five feet by five feet
by 10 feet, the fee shall be $250.
(3) For the collection of items exceeding the thresholds set forth in Subsection
C(2) herein, the fee shall be $500.
D. If the above fees are not paid within 30 days following billing, the City may proceed against the owner pursuant to any one or more of the specific penalties and remedies set forth in §
212-35 therein.
E. The owner of any building or premises, whether or not he is the occupant
of the building or premises, is responsible for compliance with this
section.