[HISTORY: Adopted by the Board of Trustees
of the Village of Clyde 8-6-1981 by L.L. No. 1-1981 (Ch. 37 of the 1972
Code). Amendments noted where applicable.]
A.
Multifamily
premises, commercial premises and single-family residences shall be
maintained in conformity with the provisions of this chapter so as
to establish reasonable safeguards for the safety, health and welfare
of the occupants and users thereof and of the general public.
B.
COMMERCIAL PREMISES
MULTIFAMILY PREMISES
SINGLE-FAMILY RESIDENCE
For the
purposes of this chapter, the following terms shall have the meanings
indicated:
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 or industrial purposes.
Any building which is used as a home or residence, other
than a single-family residence, together with any garage or other
accessory buildings and the lot upon which such building or buildings
are constructed.
A building which is occupied exclusively as the home or residence
of a single family, together with any garage or other accessory building
and the lot upon which such building or buildings are constructed.
Unless otherwise stated herein, § 129-2 shall apply to commercial premises, multifamily premises and single-family residences.
A.
Surface and subsurface water shall be drained to prevent
damage to buildings and structures and to prevent development of stagnant
water. Gutters, culverts, catch basins, drain inlets, stormwater sewers
and sanitary sewers or other satisfactory drainage systems shall be
utilized. In no case shall the water from any rain leader be allowed
to flow over a sidewalk, driveway, public roadway, or upon adjoining
property.
B.
Fences and retaining walls shall be maintained in
a safe condition.
C.
In the case of multifamily premises and commercial
premises, steps, walks, driveways, parking spaces and similar paved
areas shall be maintained so as to afford safe passage under normal
use and weather conditions. Within 24 hours after the cessation of
snowfall, snow shall be plowed or shoveled from all steps, walks,
driveways used or intended to be used by tenants, occupants, customers,
invitees or other members of the public.
D.
Removal of snow and ice.
[Amended 9-17-1998 by L.L. No. 7-1998]
(1)
No snow or ice shall be deposited within six feet
of any street or roadway in such a manner as to cause the height of
the snow and ice so piled to exceed three feet six inches above the
existing natural grade.
(2)
No snow or ice shall be removed from any parcel of
real estate and placed upon another parcel of real estate without
the express permission of the owner of the parcel of real estate upon
which the snow or ice is to be placed.
(3)
No snow or ice shall be deposited so as to cover,
obscure, or obstruct any fire hydrant, public or private utility pole,
lamppost, bus shelter, sidewalk, bridge, traffic regulatory device,
fire escape, window, door or any opening providing ingress or egress
designed for fire or safety equipment, or any opening required for
ventilation or which is required to remain unobstructed by any applicable
law.
E.
In the case of multifamily premises and commercial
premises only, all driveways and parking spaces provided shall be
covered with broken stone, gravel, concrete or asphalt paving which
shall be kept in good repair, and such driveways and parking spaces
shall be regularly cleaned to avoid accumulation of dirt, paper and
other debris.
F.
Undergrowth and accumulation of plant growth which
are noxious or detrimental to health shall be eliminated or removed.
Hedges and shrubs shall be kept pruned or trimmed. Grass shall not
be permitted to exceed six inches in height.
G.
The owner shall keep all and every part of the premises
which he/she owns and the steps, walks, driveways and parking areas
in a clean, sanitary and safe condition and free from litter, debris,
paper, dirt, garbage and junk and, except for public improvements,
in good repair.
H.
In the case of multifamily premises and commercial premises, all areas within 20 feet of a public highway shall either be used as driveways and parking areas, which areas shall be in compliance with Subsection E of this section, or shall be planted with grass, shrubbery, flowers, trees or other suitable plantings so that they will not be unsightly in appearance.
I.
Dead or incurably diseased trees shall be taken down,
and the diseased portion thereof removed and destroyed. Trees shall
be kept pruned and dead wood one inch or more in diameter shall be
removed.
The owner shall keep all and every part of the
building and accessory structures in attractive condition and good
repair, including but not limited to the following:
A.
Exterior wood surfaces of buildings and structures
that are not inherently resistant to deterioration shall be periodically
treated with a protective coating of paint or other suitable preservative.
B.
Interior floors, walls, ceilings, furnishings and
fixtures shall be maintained in a clean, safe and sanitary condition.
A.
All grounds, buildings and structures shall be maintained
free of insects, vermin and rodents, or overgrown trees, plants, shrubs
or other growth.
B.
In the case of multifamily premises and commercial
premises, where the potential for rodent or vermin infestation exists,
windows and other openings in basements and cellars shall be screened
with wire mesh or other suitable materials.
C.
From May 1 to October 1, entrances to multifamily
premises shall be provided with self-closing-type devices or screens.
Windows and other openings in such premises used for ventilation shall
be screened.
[Amended 11-16-1995 by L.L. No. 7-1995]
A.
Generally. No person shall dump, store or collect
or permit the dumping, storing or collecting of any trash, refuse
or rubbish upon any property except that which accumulates from the
normal use of said property and then only when stored in a tightly
closed metal or plastic receptacle other than a trash bag as hereinafter
provided.
B.
Definitions. For purposes of this
section, certain terms, phrases, words and their derivatives shall
be construed as specified in this chapter or as specified in the Property
Maintenance Code of New York State. Where terms are not defined, they
shall have their ordinarily accepted meanings within the context in
which they are used.
[Amended 3-27-2019 by L.L. No. 1-2019]
C.
Refuse containers.
[Amended 3-27-2019 by L.L. No. 1-2019]
(1)
One ninety-six-gallon trash cart shall be required for each dwelling
unit. Buildings containing five or more dwelling units shall be provided
with one or more stationary containers (dumpsters) of sufficient capacity
to adequately store all trash without overflow.
(a)
Exception: The Code Enforcement Officer may approve smaller
capacity waste storage containers if they can be shown to be adequate.
(2)
Businesses that generate more than two cubic yards of garbage per
week (capacity of four roll-out trash carts) and commercial buildings
containing four or more businesses shall be provided with one or more
stationary containers (dumpsters) of sufficient capacity to adequately
store all trash without overflow.
(a)
Exception: The Code Enforcement Officer may approve smaller
capacity waste storage containers if they can be shown to be adequate.
(3)
Recyclables shall be stored separately from trash, and the storage
capacity for recyclables shall be equal to the capacity for trash.
(a)
Exception: The Code Enforcement Officer may approve smaller
capacity waste storage containers if they can be shown to be adequate.
(4)
Special wastes, such as but not limited to waste cooking oil, grease,
medical and hazardous waste shall be stored in separate containers
designed and approved for such purpose.
(5)
Refuse containers shall be of metal or rigid plastic, commercially
manufactured for that purpose, and equipped with suitable handles
and tight-fitting covers, and shall be watertight.
(6)
The owner of every premises shall supply approved covered refuse
containers, and the owner of the premises shall be responsible for
the removal of refuse.
(7)
Every occupant of a structure shall dispose of all refuse in a clean
and sanitary manner by placing such refuse in approved containers.
(8)
All stored waste and refuse shall be removed or otherwise disposed
of not less frequently than every other week.
(9)
All waste removal companies shall promptly remove all waste and refuse
as scheduled or requested.
(10)
Refuse containers shall be maintained in good condition. Any
container that is defective or does not conform to the provisions
of this chapter or that may have ragged or sharp edges, holes or any
other defect liable to hamper or injure the person using the container
or collecting the contents, shall be promptly replaced.
(11)
Defective or hazardous containers supplied by a waste hauling
company shall be replaced by the company, and the cleanup of waste
spilled as a result of collection shall be the responsibility of the
company.
D.
Temporary roll-off dumpsters/containers.
[Amended 3-27-2019 by L.L. No. 1-2019]
(1)
A permit (miscellaneous or sidewalk use) from the Code Enforcement
Officer shall be obtained prior to the placement of a temporary roll-off
dumpster/container in the public right-of-way. The permit application
shall be in a form acceptable to the Code Enforcement Officer and
Highway Superintendent.
(2)
Temporary roll-off dumpsters/containers shall not be permitted in
the public right-of-way for more than 30 days unless due cause for
an extension of time can be demonstrated.
(3)
Any roll-off dumpster/container to be placed on a street or right-of-way
shall be placed parallel to the curb or gutter, in a legal parking
space not designated for use as a handicap parking space, and shall
be equipped with appropriate reflectors or other safety markings so
that the container will not constitute a hazard to traffic. The Police
Department, in the exercise of its discretion, may direct that additional
markings, or their locations, or nature, shall be supplemented or
altered if the Police determine such actions are necessary for the
protection of the motoring public.
(4)
Roll-off dumpsters/containers shall not be placed on any sidewalk
unless warranted by special circumstances as determined by the Code
Enforcement Officer. Where allowed to be placed on a sidewalk, the
applicant shall protect the integrity of the sidewalk by placing 3/4-inch
plywood under the runners.
(5)
The Code Enforcement Officer shall have the right to prohibit the
placement of any roll-off dumpster/container or to direct the removal
of a roll-off dumpster/container from any street or sidewalk location
if, in his or her sole judgment, he or she determines that the placement
of any roll-off dumpster/container constitutes a public nuisance or
hazard because of traffic or highway conditions, or for any other
reason.
(6)
The applicant shall be responsible for the repair of any street,
sidewalk, curb or gutter damage caused by the placement, movement
or removal of any roll-off container.
E.
Construction and demolition debris.
[Amended 3-27-2019 by L.L. No. 1-2019]
F.
Burning
of trash.
[Added 3-27-2019 by L.L. No. 1-2019]
(1)
It shall be unlawful to burn any garbage, waste or refuse of any
kind.
(a)
Exception: Use of a listed incinerator, when approved by the
Code Enforcement Officer.
(2)
Where permitted, incinerators shall be commercially manufactured
and approved for the specific type(s) of waste intended to be burned.
G.
Composting.
[Added 3-27-2019 by L.L. No. 1-2019]
(1)
Commercial composting facilities shall conform to applicable state
regulations, and shall be approved in compliance with the Village
of Clyde Zoning Law.
(2)
Agricultural composting shall be allowed only on farms, and shall
conform to applicable state regulations.
(3)
Residential compositing shall be allowed in conformance with this
section.
(4)
The following types of wastes shall not be composted on residential
property: butter, mayonnaise, sour cream, cheese, salad dressing,
vegetable oil (or similar oils), lard, peanut butter, fish, chicken,
meat, bones, cat manure, or dog manure.
(5)
Residential compost piles shall be a maximum of five feet in any
dimension.
(6)
Compost piles shall not be located against wooden structures, and
shall be at least three feet from any property line.
(7)
Compost piles and bins shall be located in side or rear yards only.
H.
Abatement
of violation. If any person shall fail to comply with the requirements
of this section, the Village may enforce compliance by picking up
and removing garbage, waste, refuse or trash, and there shall be a
charge against the property as provided in this Code (see Code Enforcement
Fee Schedule).
[Added 3-27-2019 by L.L. No. 1-2019]
A.
Owners of premises and other persons as defined in § 129-8B shall be responsible for compliance with this chapter.
B.
In addition, tenants and occupants of multifamily
and commercial premises shall be responsible for compliance with respect
to the following:
(1)
Maintaining all and every part of the premises which
they control and to the extent they occupy or control the same, the
steps, walks, driveways and parking areas located in the front, rear
or side of said premises, in a clean, sanitary and safe condition
and free from litter, debris, paper, dirt, garbage and junk.
(2)
Maintaining in a clean and sanitary condition all
plumbing, cooking and refrigeration fixtures and equipment and appliances
as well as other building equipment and storage facilities in that
part of the premises which they occupy or control.
(3)
Keeping exits from that portion of the premises which
they occupy or control clear and free from obstructions.
(4)
Disposing in a clean and sanitary manner all garbage,
refuse and debris.
(5)
Exterminating insects, rodents or other pests within
that part of the premises which they occupy and/or control.
A.
The Code Enforcement Officer, Health Officer and other
duly appointed enforcement officers or officials of the Village of
Clyde shall be charged with the duty of administering and enforcing
this chapter.
B.
It shall be the duty of the Code Enforcement Officer
or Health Officer to issue a notice of violation or to order, in writing,
the correction of all conditions found to exist in or on any premises
which violate the provisions of this chapter and to file a copy of
each said notice with the Village Clerk within 24 hours of the issuance
of a notice.
A.
Any person, upon conviction of a violation of this
chapter, shall be fined a sum of money not less than $20 nor more
than $100 for the first offense and not less than $150 nor more than
$200 for the second or any subsequent offense within a twelve-month
period. In addition, such person shall be subject to an injunction
prohibiting and otherwise preventing any further violations.
B.
The term "person" shall include the owner, tenant,
occupant, mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, 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.
A.
A notice of violation issued by the Code Enforcement
Officer or Public Health Officer relative to a premises shall be served
either personally upon the person or by posting the violation notice
in a conspicuous place upon the premises affected. If a notice of
violation is served by posting it upon the premises, a copy thereof
shall be mailed by certified or registered mail and by regular mail
to the person to whom it is directed.
B.
A notice of violation shall state that unless, within
10 days from service of the notice, a written request is made for
a hearing before the Code Enforcement Officer or Public Health Officer,
such notice shall, at the expiration of such ten-day period, be deemed
an order to cease and desist from and to abate the described violation;
such notice shall prescribe a reasonable time within which such person
shall be required to cease and desist from and abate such violation.
The notice may also contain an outline of remedial action which, if
taken, is believed will effect compliance with this chapter.
C.
If a hearing is requested, it shall be commenced not
later than 10 days after the request is made, provided that for good
cause the Code Enforcement Officer or Public Health Officer may postpone
such hearing for a reasonable time. If, after the hearing, the enforcement
officer finds that no violation exists, or that such unusual, extraordinary
or undue hardship shall occur as a result of the physical dimension
and proportion of the property, he/she shall withdraw the notice.
If he/she finds that a violation does exist, he/she shall forthwith
issue an order requiring the abatement of same within a prescribed
and reasonable time. The proceedings at hearing, which shall be informal
in all respects, shall be summarized in a report reduced to writing
and entered as a matter of public record in the office of the Code
Enforcement Officer or Public Health Officer and a copy thereof filed
within one week with the Village Clerk.
D.
Any party aggrieved by the decision of the Code Enforcement
Officer or Public Health Officer may, within five business days of
the decision of the Code Enforcement Officer or Health Officer, appeal
said decision to the Village Board of the Village of Clyde by filing
a written notice of appeal with the Village Clerk.
Whenever the Code Enforcement Officer or Public
Health Officer or enforcement official finds that an emergency exists
which requires immediate attention to protect the public health or
safety, he/she may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring that such action be
taken as he/she deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall take effect
immediately. Any person to whom such order is directed shall immediately
or shall within 48 hours of the issuance of the order comply therewith,
but upon petition for a hearing of the Justice Court, the Justice
Court shall afford a hearing as soon as possible. The timely filing
of the petition in the Justice Court shall automatically stay the
order pending the hearing and order of the Court. After such hearing,
the Court shall either continue such order in effect, shall modify
such order or nullify it.
A.
Upon the failure, neglect or refusal of any owner, person or agent so notified to properly comply with this chapter within 20 days after the service of notice as provided herein, or within 48 hours of an order issued pursuant to § 129-10, and no petition has been filed with the Justice Court as provided by § 129-10, then and in such event the Code Enforcement Officer or Public Health Officer or other authorized public official shall immediately notify the Mayor, or in his absence the Deputy Mayor, who shall, upon receiving such notification, forthwith call an emergency meeting of the Village Board. The Village Board shall then determine if an emergency exists and, if it determines that an emergency exists, may authorize the appropriate official to take such action as the Village Board directs to protect the public safety. The Village Board shall authorize the expenditure of such sums as may be necessary to comply with its instructions.[1]
B.
When the Village has effected the correction of the
violation or has paid for its removal, the actual cost thereof, plus
the accrued legal rate of interest per annum from the date of the
completion of the work, plus any cost for registered or certified
mail notices actually incurred, if not paid by such owner prior thereto,
shall be charged to such owner by the Village, and such charge shall
become due and payable by said owner or person at the time of the
payment of such bill by the Village of Clyde.
C.
The Code Enforcement Officer, Public Health Officer
or other authorized official shall cause to be filed in the office
of the Village Clerk a sworn statement showing the cost and expense
incurred for the work, the date the work was completed and the location
of the property and the name of the reputed owner thereof as listed
on the most current tax rolls of the Village. The filing of such sworn
statement shall constitute a lien and privilege on the property and
shall remain in full force and effect for the amount due in principal
and interest, plus cost of court, if any, for collection, until final
payment has been made. Said costs and expenses shall be collected
in the manner fixed by law for the collection of taxes and, further,
shall be subject to a delinquent penalty at the legal rate of interest
in the event the same is not paid in full on or before the date the
tax bill upon which such charge appears becomes delinquent. Sworn
statements filed in accordance with the provisions hereof shall be
prima facie evidence that all legal formalities have been complied
with and the work has been properly and successfully done and shall
be full notice to every person concerned that the amount of the statement,
plus interest, constitutes a charge against the property designated
and described in the statement and that the same is due and collectible
as provided by law.
[Added 9-5-1996 by L.L. No. 6-1996]
It is the intent of this chapter that property
maintenance provisions, including but not limited to water drainage,
fences, snow removal, undergrowth, plant growth, lawn mowing, maintenance
of driveways, parking spaces, walks, the maintenance of trees and
plants, the eradication and/or control of pests, insects or rodents,
the collection and removal of garbage and debris shall be applicable
to unimproved or vacant land.
[Added 10-18-1999 by L.L. No. 4-1999]
A.
The deposit, accumulation or maintenance of clutter,
junk or debris, regardless of quantity, is hereby prohibited anywhere
within sight of any public right-of-way or neighboring property.
B.
For the purpose of enforcement of this chapter, "clutter,
junk and debris" shall be defined as any old, discarded, scrapped
or dismantled household or commercial materials, such as glass, metal,
paper, rags, barrels, cartons, boxes, crates, furniture, rugs and
carpets, clothing, mattresses, blankets, tires and other automotive
parts, tools, ladders, lumber, brick, stone, shingles, siding, gutters
and other building materials, vehicles, appliances, toys, lawnmowers,
machinery and equipment no longer intended or in condition for ordinary
and customary use, or stored in such a manner as to be offensive to
a person of ordinary and reasonable sensibilities.
C.
Any items or material not manufactured and intended
for outdoor use, such as upholstered or other nonlawn furniture, toys,
appliances, etc., which are stored outside of an enclosed structure
shall be deemed to be clutter, junk and debris under this chapter.
