[HISTORY: Adopted by the Board of Trustees
of the Village of Lowville 10-6-1992 by L.L. No. 5-1992. Amendments noted where
applicable.]
This chapter shall be known as the "Property
Maintenance Law of the Village of Lowville."
A sanitary and hazard free environment is declared
to be of vital importance to the health, welfare and safety of the
inhabitants of the Village of Lowville as is the safeguarding of their
material rights and the protection of the public health. In addition,
such an environment is deemed essential to the maintenance and continued
development of the economy of the Village of Lowville and the general
welfare of its citizens. Therefore, recognizing the above and the
need of the community for an effective and well-regulated procedure
for the disposal of garbage and rubbish and for the maintenance of
residential and business premises whether improved or vacant, the
Village Board does hereby enact this chapter.
All residential and business premises located
within the Village of Lowville, 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.
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 or transporting garbage,
refuse or waste material in any part of the Village of Lowville.
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; any abandoned, junked, discarded,
wholly or partially dismantled motor vehicle no longer intended or
in condition for legal use on the public highways; or any 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 the 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,
partnership, 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 agriculture 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 receptacle, ashes,
dead animals, junked vehicle, solid market and industrial wastes,
cardboard, leaves, crockery and similar materials.
Any person having a domicile within 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 limit of the Village of Lowville.
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 Lowville 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.
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. This section shall not apply
to fences used strictly for agricultural purposes.
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, 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 and removed from the premises.
A.
Grounds, building and structures within the Village
of Lowville 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.
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.
Residential and business premises within the Village
of Lowville, whether improved or vacant, shall be maintained free
of litter; provided, however, that this section shall not prohibit
the storage of litter for a reasonable period of time in authorized
private receptacles for collections.
B.
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.
It shall be unlawful for any person to throw, spill,
place, deposit, leave or 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 Lowville 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.
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 vehicle, motorized equipment, appliance,
rubbish or debris as defined in this chapter upon private property
within the corporate limits of the Village of Lowville.
B.
No appliance may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking device and all doors.
[Amended 9-21-2022 by L.L. No. 6-2022]
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 Lowville 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 10 inches on the average or any accumulation of dead weeds, grass
or brush. If the owner or occupant above mentioned shall fail to maintain
the weeds, grass or brush after having been notified of the condition
and having been demanded by the Village to correct the condition,
the owner will have 10 days to correct the condition after notification,
and if not done the Village may provide for the for the mowing or
clearing of weeds and brush at the expense of the owner of such premises,
and such charge shall become a lien on the premises benefited thereby
and shall be collected on the next tax bill for the premises or as
provided by law.
A.
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 limit.
B.
Nothing in this section shall be construed to prohibit
the temporary storage of garbage, refuse and waste material awaiting
removal, 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.
An occupant or tenant of the premises shall be responsible
for compliance with this chapter as if they were an owner.
B.
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 party shall assume such responsibility.
C.
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 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 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 true intent and meaning of this chapter.
A.
The Code Enforcement Official of the Village of Lowville,
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.
B.
Whenever it shall appear that the provisions of this
chapter are being violated, the Code Enforcement Official 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.
If the condition existing on property violates the
provisions of this chapter, the Code Enforcement Official 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.
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 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.
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
shall file a complaint with the Village of Lowville 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.
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 140 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 and to add such sum on to the next Village tax bill if unpaid by the owner.
[Added 9-15-2004 by L.L. No. 3-2004]
[Amended 11-18-1997 by L.L. No. 7-1997]
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.
