[HISTORY: Adopted by the Board of Trustees
of the Village of Montour Falls 8-21-1995 by L.L. No. 4-1995.
Amendments noted where applicable.]
It is the purpose of this chapter to assist
in the continued revitalization of areas throughout the Village to
attract new businesses, to promote the public interest in continued
development, to ensure regular maintenance and improvements to present
structures, to safeguard against blight and to preserve property values
and community standards and to establish minimum maintenance standards
to safeguard life, limb, health, safety, property and the public welfare
in the best interest of the residents of the Village of Montour Falls.
It is found and declared that, by reason of
lack of maintenance and progressive deterioration, structures and
properties have the further effect of creating blighting conditions
and initiating slums and that, if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same. By reason of timely regulations and restrictions,
as herein contained, the growth of slums and blight may be prevented
and the neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
As in this chapter, the following terms shall
have the meanings indicated:
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an "accessory
building" is attached to the main building in a substantial manner,
as by a wall or roof, such "accessory building" shall be considered
part of the main building.
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of "building" shall include the term "structure."
The officer employed by the Village of Montour Falls to enforce
the State Uniform Fire Prevention and Building Code previously adopted
by said Village.
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
Fully operable for the use intended.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
Any person who has charge, care or control of a building
or part thereof.
Includes any person having individual or joint title to real
property in any form defined by the laws as an estate or interest
therein, whether legal or equitable and however acquired.
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organization recognized
as an entity by the laws of the State of New York.
A building, dwelling and/or grounds.
Land and whatever is erected on, growing on, placed on or
affixed thereto.
All cardboard, plastic material or glass containers, wastepaper,
rags, sweeping, pieces of wood, excelsior, rubber and like waste material.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
The Village of Montour Falls.
The officer employed by the Village of Montour Falls to enforce
the zoning laws of the Village of Montour Falls and this chapter.
A.
This chapter establishes certain minimum standards
for the initial and continued occupancy and use of all structures
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of the structure, the
premises or the equipment or facilities contained therein, as are
required by the New York State Uniform Fire Prevention and Building
Code.
B.
In any case where a provision is found to be in conflict
with any applicable zoning, building, plumbing, electrical, heating,
ventilation, fire or safety code of the Village of Montour Falls,
County of Schuyler, State of New York or United States of America,
the provision that establishes the higher standard, as determined
by the Zoning Officer, shall prevail.
The exterior of the premises and the condition
of structures shall be maintained so that the premises and all buildings
shall reflect a level of maintenance in keeping with the standards
of the community and shall not constitute blight from the point of
view of adjoining property owners or lead to the progressive deterioration
of the neighborhood. Such maintenance shall include, without limitation,
the following:
A.
Foundations, porches, decks, steps and walls shall
be in good condition.
B.
Vent attachments shall be safe, durable, smoketight
and capable of withstanding the action of flue gases.
C.
Exterior balconies, porches, landings, stairs and
fire escapes shall be provided with banisters or railings properly
designed, installed and maintained to minimize the hazard of falling
and unsightly appearance.
D.
All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs that have become
excessively weathered, those upon which the paint has excessively
peeled or those whose supports have deteriorated so that they no longer
meet the structural requirements of the New York State Uniform Fire
Prevention and Building Code shall, with their supports, be removed
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supports, be removed.
Signs denoting a business which is no longer on the premises shall
be removed within 30 days of the date on which the business ceases
to occupy the premises.
E.
All storefronts and walls exposed to public view shall
be kept in a good state of repair. Storefronts or any portion of the
structure shall not show evidence of excessive weathering or deterioration
of any nature. Unoccupied storefronts shall be maintained in a clean
and neat appearance.
F.
Any awnings or marquees and accompanying structural
members shall be maintained in a good state of repair. In the event
that said awnings or marquees are made of cloth, plastic or of a similar
material and are exposed to public view, such material shall not show
evidence of excessive weathering, discoloration, ripping, tearing,
holes or other deterioration. Nothing herein shall be construed to
authorize any encroachment on streets, sidewalks or other parts of
the public domain.
G.
All vacant buildings shall be continuously guarded
or sealed and kept secure against unauthorized entry. Materials and
methods with which such buildings are sealed must meet the approval
of the Zoning Officer as to color, design and building material. Owners
of such buildings shall take such steps and perform such acts as may
be required to ensure that the building and its adjoining yards remain
safe and secure and do not present a hazard to adjoining property
or to the public and that such property does not become infested with
vermin or rodents.
H.
Exterior walls, including doors and windows and the
areas around doors, windows, chimneys and other parts of the building,
shall be so maintained as to keep water from entering the building.
Materials which have been damaged or show evidence of dry rot or other
deterioration shall be repaired or replaced and refinished in a workmanlike
manner.
I.
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 conditions 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. Floors,
walls, ceilings, stairs and fixtures of buildings shall be maintained
in a clean, safe, sanitary condition. Every floor, 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.
J.
Roof drains, overflow pipes, air-conditioning drains
and any other device used to channel water off or out of a building
shall be maintained in a safe and operable condition and shall not
drain onto a public sidewalk, walkway, street, alleyway or adjoining
property.
K.
Lawns shall be cut and bushes, shrubs and hedges shall
be trimmed regularly during the growing season so as to avoid an unsightly
appearance.
A.
Surface or subsurface water shall be appropriately
drained to protect buildings and structures and to prevent the development
of stagnant ponds. Gutters, culverts, catch basins, drain inlets,
stormwater sewers or other satisfactory drainage systems shall be
utilized where necessary. No roof, surface or sanitary drainage shall
create a structural, safety or health hazard by reason of construction,
maintenance or manner of discharge.
B.
Fences and other minor construction shall be maintained
in a safe and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes or other hazards that
may exist shall be filled and necessary repairs or replacement carried
out.
D.
Yards and vacant lots shall be kept clean and free
of physical hazards and rodent harborage and infestation. They shall
be maintained in a manner that will prevent dust or other particles
from being blown about the neighborhood. Open wells, cesspools or
cisterns shall be securely closed or barricaded from access by the
public. All temporary excavations shall be kept covered or barricaded
so as to protect the general public from injury.
E.
All land must be kept free of dead or dying trees
and accumulations of brush, shrubs, weeds, grass, stumps, roots, excessive
and/or noxious growths, garbage, refuse or debris which would either
tend to start a fire or increase the intensity of a fire already started
or cause poisoning or irritation to people or animals or cause or
tend to cause or enhance an unhealthy or dangerous or obnoxious condition
on said property or on any adjacent or neighboring property.[1]
[1]
Editor's Note: Subsection F, regarding unregistered
vehicles, which immediately followed this subsection was repealed
3-15-1999 by L.L. No. 1-1999.
A.
Business units shall at all times be maintained in
compliance with the provisions of this chapter regulating open spaces,
buildings or structures and littering.
B.
No materials or stock-in-trade, garments, shoes or
other wares may be stored or displayed in a front or exterior or interior
side yard except for motor vehicles for sale at a permitted motor
vehicle sales establishment. No soft drink or other vending machines,
ice machines or the like may be placed in front of a building on a
public sidewalk. Specifically excluded herefrom are chairs and tables
used in connection with a sidewalk cafe or restaurant, provided that
there shall be sufficient sidewalk passage for pedestrians. Materials
may be stored in a rear yard, provided that a storage area therein
is completely enclosed within a six-foot-high solid fence or evergreen
hedge of equivalent height and that the storage area does not infringe
on or obstruct vehicle parking or maneuvering areas.
C.
No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time, and all
such garbage, crates, rubbish, refuse or debris shall be kept inside
the building or buildings on the premises or in an acceptable enclosure
and shall be regularly collected and removed from the premises.
D.
No shopping baskets, carts or wagons shall be left
unattended or standing in open areas, and the same shall be collected
at the close of business each day by the occupant of such unit and
moved to the interior of the building or buildings.
E.
No mobile refrigeration unit shall be operated on
the premises after the closing of the business conducted thereon unless
such mobile refrigeration unit is electrically operated, except in
an industrial zone.
F.
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance
shall include but not be limited to the replacement of trees and shrubs
which may die and/or otherwise be destroyed, the maintenance and cutting
of lawns and the replacement and/or repair of fences which may become
in disrepair.
G.
Persons owning or occupying property shall keep all
walkways, public or private, abutting said premises free from litter
and trash of whatever nature.
A.
Grounds, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation. Methods
used for exterminating insects, vermin and rodents shall conform to
generally accepted practice.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall
be closed or appropriately screened with wire mesh or other suitable
materials.
C.
No materials, goods or supplies may be stored in any
front yard or in an exterior or interior side yard. Materials may
be stored in a rear yard, provided that the area used for storage
is screened from neighboring properties by a fence or hedge and that
the method and manner of storage complies with the other provisions
hereof.
A.
Residential, commercial and industrial premises, whether
improved or vacant, shall be maintained free of litter; provided,
however, that this section shall not prohibit the storage of litter
in appropriate private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling and disposal of garbage
and refuse in accordance with the provisions of applicable codes.
Each owner of any building from which garbage, rubbish, mixed refuse,
ashes or other wastes are collected shall provide refuse containers
sufficient in number to hold all collectible wastes which may accumulate.
Containers must be rodent- and insectproof and watertight and must
be kept covered at all times. Such containers must not be kept in
a front yard or exterior side yard.
C.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking or latching devices and all doors.
D.
Dumpsters and similar large receptacles shall be shielded
from the public view by means of appropriate landscaping, hedges,
fences or screening. This section shall not apply to receptacles for
clothing and the like donated to charity.
E.
Shopping centers, supermarkets and similar business
units shall provide permanent, attractive, decorated litter receptacles
within the premises for public use in sufficient quantity so that
a person will not have to walk in excess of 50 feet to use any such
receptacle.
An occupant of premises shall be responsible
for compliance with this chapter in regard to the following:
A.
Maintenance of that part of the premises which he/she
occupies or controls in a clean, sanitary and safe condition.
B.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities, in that part of the premises which he/she occupies or
controls in a clean and sanitary condition and providing reasonable
care in the operation and use thereof.
C.
Keeping exits from the building or occupant's portion
thereof clear and unobstructed.
D.
Disposal of garbage and refuse into appropriate facilities
in a clean and sanitary manner, in accordance with any applicable
provisions of the Village.
E.
Extermination of insects, rodents or other pests within
the premises.
F.
Maintenance of yards, lawns and courts in a clean,
sanitary and safe condition and free from infestation by rodents or
vermin, insofar as said occupant occupies or controls said yards,
lawns or any parts thereof.
G.
The installation and removal of required screens.
H.
Keeping domestic animals and pets in an appropriate
manner and under control, in accordance with any other regulations
of the Village.
I.
Elimination of all prohibited uses for that part of
the premises which he/she occupies, controls or has accessibility
thereto.
A.
Responsibilities.
(1)
Owners of premises shall be responsible for compliance
with the provisions of this chapter and shall remain responsible therefor
regardless of the fact that this chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
(2)
Owners and operators of buildings shall be responsible
for the proper installation, maintenance, condition and operation
of service facilities and for furnishing adequate heat and hot-water
supply where they have contracted to do so.
B.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the Village as executor, administrator, trustee, guardian, operator
or agent, such persons shall be deemed and taken to be the owner or
owners of said property within the intent and meaning of this chapter
and shall comply with the provisions of this chapter to the same extent
as the record owner; and notice to any such person of any order or
decision of the Zoning Officer shall be deemed and taken to be good
and sufficient notice, as if such person or persons were actually
the record owner or owners of such property. In instances where an
occupant is responsible or shares responsibility with the owner for
the existence of one or more violations of this chapter, said occupant
shall be deemed and taken to be an owner within the intent and meaning
of this chapter.
A.
The Zoning Officer is hereby authorized and directed
to make inspections to determine compliance with this chapter. Inspections
shall be made between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, and every operator or owner shall cooperate with the
Zoning Officer in providing access to the premises. Whenever the Zoning
Officer determines that there is a violation of the provisions of
this chapter, he/she shall cause a written notice to be served upon
the owner or operator, which shall include
(1)
An enumeration of conditions which violate the provisions
of this chapter.
(2)
An enumeration of the remedial action required to
meet the standards of this chapter.
(3)
A statement of a definite number of days from the
date of the notice in which the owner or operator must commence and
complete such remedial action.
(4)
A statement of the penalties for noncompliance, as
set forth herein.
B.
A copy of such notice shall be filed in the Village
Clerk's office, and such notice shall be deemed sufficient if served
upon the owner or operator as follows:
C.
Upon failure to comply with said notice, the Zoning
Officer shall issue an appearance ticket returnable in the Village
Court.
A.
For purposes of enforcement of this chapter, if work
is being done on the property, either the prime or general contractor
or the owner shall be held responsible.
B.
Materials may be stored in any area of the property
upon which construction is being carried on, provided that the method
of storage and the materials stored are in compliance with the requirements
of this chapter. In no event shall such storage be permitted for a
period exceeding one year.
C.
Drainage crossing the property being developed must
be maintained during the period of development, and no materials may
be stored, land disturbed or other work done to interfere with drainage
or to divert or cause runoff of groundwater or stormwater in an unnatural
fashion.
D.
The person responsible as herein shall take all necessary
and reasonable steps to ensure that there will not be an unusual or
unwarranted amount of dust and debris blown onto or across neighboring
or nearby properties.
E.
Construction roads must be oiled or kept wet or properly
treated to decrease the spread of dust and mud.
F.
A temporary cover such as rye grass or a mulch must
be applied on land that has been stripped of its protective vegetation
during the course of its construction to prevent the spread of dust
and mud.
G.
All excavations in or near a public or private walkway
or street must be properly guarded and protected at all times by lights,
flags, barricades or other warnings sufficient in kind and amount
to warn the public of the danger of falling into the excavation.
H.
Temporary electrical service must be through electric
lines that are weather- and waterproof; such lines must not cross
public walkways or highways on the ground, nor shall they be placed
on the ground in areas subject to construction equipment traffic.
I.
Grounds and buildings must be kept free of debris
such as broken glass, boards with fastenings protruding and other
articles making travel around the job site dangerous and unsafe.
A violation of any provision of this chapter
shall be an offense punishable by a fine not to exceed $250 or imprisonment
for a term not to exceed 15 days, or both. For the purposes of this
chapter, each week's continued existence of a violation shall constitute
a separate violation.
[Added 8-21-2006 by L.L. No. 4-2006]
If, upon the expiration of the period provided for in the notice described in § 108-12B(3), the remedial action described in said notice has not been satisfactorily completed in the judgment of the Zoning Officer, the Village may (but shall be under no obligation to) enter upon the subject property and take such remedial action and perform such other improvements, work or acts as are necessary to bring the subject property into compliance with the requirements of this chapter.
[Added 8-21-2006 by L.L. No. 4-2006]
A.
Whenever the Village shall incur any cost or expense in taking any remedial action or performing any improvement, work or act pursuant to § 108-15 hereof, the amount of such cost or expense shall be assessed against the affected property as herein provided.
B.
Upon completion of any remedial action or improvement, work or act undertaken by the Village pursuant to § 108-15, the cost or expense thereof to the Village shall be fixed and determined by the Zoning Officer and thereafter transmitted to the Village Board of Trustees. Upon receipt of such transmittal, the Board of Trustees may by resolution confirm the amount of such cost or expense, whereupon the amount of such cost or expense shall constitute a special assessment against the affected property.
C.
The special assessment described in Subsection B above shall be paid, shall accrue interest, and shall be included within the annual tax levy pursuant to New York State Village Law and Real Property Tax Law and shall otherwise be considered a special assessment for purposes of all general and local laws.
D.
The Village may assess costs pursuant to this section
in addition to, and cumulatively with, the exercise of any other enforcement
mechanisms provided by this chapter or otherwise.