[HISTORY: Adopted by the Board of Trustees
of the Village of Carthage 7-19-2004 by L.L. No. 5-2004; amended in its entirety 11-17-2008 by L.L. No.
5-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 84.
This chapter shall be known as the "Village
of Carthage Maintenance Code."
All residential and business premises located
within the Village of Carthage, whether improved or vacant, shall
be maintained in conformity with the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any stove, washing machine, dryer, freezer, refrigerator
or other household device or equipment that is abandoned, junked,
discarded, wholly or partially dismantled or no longer intended or
in condition for ordinary use for the purpose for which it was designed
originally.
All receptacles used for garbage storage shall be of a suitable
rigid material, such as metal or hard plastic, with a lid designed
for enclosing such receptacles, securely attached in such a way as
to inhibit domestic or wild animals from accessing the garbage stored
therein.
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes,
including, but not limited to, offices, places of public assembly,
shopping centers, restaurants, supermarkets, retail stores, warehouses,
manufacturing or fabrication plants, gasoline stations and other business
uses.
Any person, firm, corporation, partnership or other association
engaged in the business of collecting, disposing of or transporting
garbage, refuse or waste material in any part of the Village of Carthage.
Any refuse from animal and vegetable matter, waste food or
parts thereof, refuse from kitchen, market, store or house, floor
sweepings, table waste or animal or vegetable matter, meats, fish,
bones, fat and all offal and organic waste substance or substances
capable of decay, but not including waste from slaughterhouses, rendering
plants or sanitary disposal systems.
The presence of insects, rodents, vermin or other pests.
Garbage, refuse and rubbish as herein defined and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
A plot, tract, premises or parcel of land with or without
buildings or structures located thereon, as surveyed or apportioned
for sale or other purpose.
Includes, but is not limited to, power machines, lawn mower
motors, or parts that were once motorized equipment.
Includes any and all vehicles propelled or drawn by power
other than muscular power, intended for use on public highways; any
unregistered, old or secondhand motor vehicle or trailer; any motor
vehicle in such condition or state of repair that it cannot be licensed
immediately without extensive repair; or any abandoned, junked, discarded,
wholly or partially dismantled motor vehicle incapable of passing
a New York State inspection. This does not include inoperable farm
or construction vehicles, implements, equipment or machinery retained
for the purpose of salvaging usable parts in connection with the ongoing
operation of an on-site farm or construction business, provided that
such items are stored within a consolidated area out of public view.
Includes the placing, maintaining or keeping of any motor
vehicle, appliance, motorized equipment, rubbish and debris, as the
same are defined herein, in a place other than a structure with a
roof and fully enclosed on all sides.
The person having legal title to property and also the person
shown as owner of the property on the current assessment rolls of
the Village.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, unincorporated
associations, their agents or employees, society clubs and all other
entities of any kind capable of being sued.
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the Village, but not including land used for agricultural purposes.
A nuisance which is a thing, act or occupation or use of
property, premises, equipment or structure, either private or public,
affecting the health of one or more persons.
Plastics, combustible trash, including, but not limited to,
paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches,
yard trimmings, wood furniture and bedding. Also included is noncombustible
trash, including, but not limited to, tires, metals, cans, plastics,
metal furniture, small quantities of rock, brick and concrete, glass,
metal fixtures, bottles and street rubbish, street sweepings, dirt,
leaves, catch basin dirt and contents of litter receptacles, ashes,
dead animals, junked vehicles, solid market and industrial wastes,
cardboard, leaves, crockery and similar materials.
Any person having a domicile within the general limits of
the Village, including landlords and tenants. The term shall also
include any person, firm, partnership, corporation or other association
operating an established business within the limits of the Village
of Carthage.
A building or combination of buildings used solely for personal
living purposes of the occupants thereof, whether as owners or tenants
thereof, and not used for any business purposes.
Includes, but is not limited to, waste produced by industrial
or manufacturing process, including food processing waste, boiling
house cinders, lumber scraps and shavings, slag, industrial sludge
or other chemical waste and by-products, tires and oils and large
amounts of wood, concrete rocks, brick, sand and other wastes from
building operations.
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
The provisions of this chapter shall supplement
all local laws, ordinances, codes or regulations existing in the Village
of Carthage and the other statutes and regulations of municipal authorities
having jurisdiction applicable thereto. Where a provision of this
chapter is found to be in conflict with any provision of any existing
local law, ordinance or regulation, the provision or requirement which
is more restrictive or which establishes the higher standard shall
prevail. Specifically, this law is intended to supplement the New
York State Property Maintenance Code, as the same may be amended from
time to time.
A.Â
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.Â
Fences and other minor construction shall be maintained
in a safe and substantial condition. This section shall not apply
to fences used strictly for agricultural purposes.
C.Â
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.Â
Yards and vacant lots shall be kept clean and free
of physical hazards, 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 to the
public.
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 (every seven days or less)
and removed from the premises.
A.Â
Grounds, buildings and structures within the Village
of Carthage shall be maintained free of insects, vermin and rodent
harborage and infestation. Methods used for exterminating insects,
vermin and rodents shall conform to generally accepted practice.
B.Â
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall
be appropriately screened with wire mesh or other suitable materials.
A.Â
Residential and business premises within the Village
of Carthage, whether improved or vacant, shall be maintained free
of litter; provided, however, that this section shall not prohibit
the storage of litter for up to seven days in authorized private receptacles
for collections.
B.Â
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling, disposal of garbage and
refuse in accordance with the provision of applicable codes.
C.Â
It shall be unlawful for any person to throw, spill,
place, deposit, leave, cause to be thrown, spilled, placed, deposited
or left or permit any agent, servant or employee to throw, spill,
place, deposit or leave in or upon any street, highway, alley, sidewalk,
park or public building or in any running water or body of water within
the Village of Carthage any garbage, refuse, rubbish and waste material
or litter or filth, including, but not limited to, sewage, excrement,
slops, dead carcasses, compost, ashes, soot or any material subject
to be carried by the wind or unwholesome or putrescible matter of
any kind.
A.Â
It shall be unlawful for any person, as owner, occupant,
lessee, agent or in any capacity, to store, deposit, place, maintain
or cause or permit to be stored, deposited, placed or maintained outdoors
any abandoned, junked, discharged, wholly or partially dismantled
or unlicensed motor vehicles or vehicles, motorized equipment, appliances,
rubbish or debris as defined in this chapter upon private property
within the corporate limits of the Village of Carthage.
B.Â
No appliance may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking device and all doors.
No person shall use a dumpster or deposit any
trash, garbage, debris, junk or any substance of any kind in a dumpster
without permission of the owner or lessee of the dumpster.
It shall be unlawful for any owner, lessee or
occupant, or any agent, servant, representative or employee of any
such owner, lessee or occupant, having control of any occupied or
unoccupied yard, or any part thereof, in the Village of Carthage to
permit or maintain on any such street, road, highway or alley adjacent
to the same between the property line and the curb or middle of the
alley, or for 10 feet outside the property line if there is no curb,
any growth of weeds, grass or other rank vegetation to a greater height
than 12 inches on the average or any accumulations of dead weed, grass
or brush.
A.Â
It shall be unlawful for any person, as owner, lessee,
agent, tenant or otherwise, to throw, cast, spill or otherwise deposit
or cause or permit to be thrown, cast spilled or deposited any litter,
rubbish and refuse, garbage, manure, offal or other decomposable organic
or putrescible matter in or about any land or lot, vacant or otherwise,
within the Village limits.
B.Â
Nothing in this section shall be construed to prohibit
the temporary storage of garbage, refuse and waste material awaiting
removal for up to seven days, provided that such storage is accomplished
by way of tightly covered containers or cans wherever practicable;
nor shall this section be construed as prohibiting the depositing
of manure or fertilizers upon any private property for the purpose
of cultivating or improving the same; nor shall this section be construed
as prohibiting composting or compost piles, provided such is properly
conducted.
A.Â
An occupant or tenant of the premises shall be responsible
for compliance with this chapter as if they were an owner.
B.Â
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 tenants or occupants and regardless of any agreements between owners
and tenants or occupants as to which part shall assume such responsibility.
C.Â
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 person shall be deemed and taken to be the owner or
owners of said property within the true intent and meaning of this
chapter and shall be bound to comply with all of 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 Code Enforcement Official
shall be deemed and taken to be a good and sufficient notice, as if
such person or 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 with
the true intent and meaning of this chapter.
A.Â
The Code Enforcement Official or Village Police of
the Village of Carthage, as designated by the Village Board of such
Village, shall have authority, as specified herein, to inspect all
premises within the Village to enforce the provisions of this chapter
and the New York State Property Maintenance Code.
B.Â
Whenever it shall appear that the provisions of this
chapter are being violated, the Code Enforcement Official or Village
Police shall, except upon plain view where no entry is necessary,
secure approval from an owner, lessee, agent, tenant or other person
with authority to make an inspection of the property and shall prepare
a written report of the condition found.
A.Â
If the condition existing on the property violates
the provisions of this chapter, the Code Enforcement Official or Village
Police shall serve or cause to be served a written notice, by certified
mail or personal service, upon the owner, lessee, agent, tenant or
other person with authority over said premises.
B.Â
Said notice shall contain substantially the following:
the name of the owner, lessee, agent, tenant or other person with
authority over the premises; the identification of the premises as
the same appears on the current assessment roll of the Village; a
statement of the condition of the premises as found on the inspection;
a demand to maintain the property and/or that the motor vehicle, motorized
equipment, litter, appliance, rubbish, refuse or debris be removed
from the premises on or before five days after the mailing or service
of such notice.
C.Â
Upon the failure of the owner, lessee, agent, tenant
or other person with authority over the premises to correct the violation
after receipt of the five-day notice, the Code Enforcement Official
or Village Police shall file a complaint with the Village of Carthage
Justice Court. In addition to the above-provided penalties, the Village
Board may also maintain an action or proceeding in the name of the
Village in a Court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any section of this
chapter.
D.Â
In addition to any other remedies available to the Village under this chapter, the Village Board of Trustees may send a notice by certified mail, return receipt requested, to the alleged violator, requiring him or her to appear before the Village Board at a fact-finding hearing, which fact-finding hearing shall be scheduled no earlier than 10 days after the date of such mailing. Following such fact-finding hearing, the Board of Trustees shall determine whether a violation of Chapter 105 of the Code does exist on the property. If so established, the Board of Trustees at that time may issue an order to enter the property at issue and perform necessary remediation work and to charge all costs and expenses so incurred back to the property owner as a special assessment against such property, adding such sum on to the next Village tax bill if unpaid by the owner.
Every person convicted of violating this chapter
shall, upon conviction thereof, be punished by a fine of not more
than $250 or imprisonment not to exceed 15 days, or both.
