[HISTORY: Adopted by the Board of Trustees
of the Village of Shortsville 9-17-1975 by L.L. No. 1-1975. Amendments noted where
applicable.]
GENERAL REFERENCES
Sidewalk maintenance — See Ch. 79.
This chapter shall be known and may be cited
as the "Lot and Property Maintenance Law of the Village of Shortsville."
The Board of Trustees of the Village of Shortsville
has found it necessary, for the health, safety and general welfare
of the residents, to see that the lots and property within the Village
are properly maintained and free from vermin, nuisances, hazards and
litter.
No person shall hereafter be permitted to abandon,
leave, dump, store or keep any nuisance, hazard, litter or matter
attractive to vermin upon any public street, public place or on any
privately owned property within the Village, and said property shall
be kept free and clear of the same.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but shall not be limited to, abandoned automobiles
or any part thereof unless such party has a license to store the same;
any waste metal or materials, garbage, refuse, rubbish, old refrigerators,
stoves or like products; used bottles or cans, glass, wood, lumber
or vegetable matter of any kind or any other matter which shall be
flammable or capable of fermentation, evaporation or decay; abandoned
building or construction materials or supplies; discarded paper or
material of junk substance; and tree stumps or matter attractive to
vermin, likely to breed disease, cause fire or be prejudicial to good
health.
[Amended 1-8-2002 by L.L. No. 1-2002]
The owner, tenant or occupant of property located
within the Village of Shortsville is hereby required to keep all property,
including vacant lots or other parcels of land, mowed to the extent
that no weeds, grass or other vegetation shall exceed a height of
12 inches. The owner, tenant or occupant shall cut and remove or cause
to be cut and removed all such weeds, grass or other vegetation as
often as may be necessary to comply with this section, provided that
cutting and removing such weeds, grass or vegetation at least once
in every four weeks between May 15 and September 15 shall be deemed
to be compliance with this section. Further, the owner, tenant or
occupant of property located within the Village of Shortsville is
hereby required to remove all nuisances, hazards, and litter or matter
attractive to vermin, as hereinabove defined, when ordered to do so
by the Board of Trustees, a member of the Police Department, the Fire
Inspector or the Building Inspector, within five days of written notice
therefor. Said written notice shall be served upon the owner, tenant
or occupant. If the owner of said lands is a nonresident of the Village
of Shortsville, a notice to remove the nuisance, hazard or litter,
mailed to such owner and addressed to his last known address, shall
be sufficient service thereof.
[Amended 7-26-1977 by L.L. No. 1-1977]
A.
Failure to comply with the direction of any agent
of the Village of Shortsville as aforesaid shall constitute a violation
of this chapter.
A.
The Board of Trustees by resolution, may cause a nuisance,
hazard or litter as herein defined to be removed from any property
within the Village of Shortsville upon the failure of such owner,
tenant or occupant to comply with the written notice aforementioned
within the time limit. Said removal may be performed by a designee
of the Board, including a private contractor. The Board of Trustees
shall ascertain the cost of such removal and such cost shall be charged
and assessed against the owner, tenant or occupant of the property.
The expense so assessed shall constitute a lien and charge on the
real property on which it is levied until paid or otherwise satisfied
or discharged, and such charge shall be collected in the same manner
and at the same time as other Village charges.
[Amended 1-8-2002 by L.L. No. 1-2002]
B.
The removal of any nuisance, hazard or litter by the
Village of Shortsville or its designee shall not operate to excuse
such owner, tenant or occupant from properly maintaining his property
as hereinabove set forth, and such owner, tenant or occupant shall,
notwithstanding, be subject to the penalties above mentioned.
[Added 1-8-2002 by L.L. No. 1-2002]
A.
The owner of a vacant building shall take such steps
and perform such acts as may be required of him from time to time
to ensure that the building and its adjoining yard remain safe and
secure and do not present a hazard to the adjoining property or the
public. Owners shall be responsible for maintaining their buildings
and structures so that they do not become an unoccupied hazard. In
any building or floor area that is vacant or about to become vacant,
there shall be at least one access which meets the approval of the
Code Enforcement Officer.
B.
Failure to comply; action by Code Enforcement Officer.
(1)
Whenever the owner of a vacant building fails to comply with a notice from the Code Enforcement Officer to take steps and perform acts as are required of him to ensure that a building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property in violation of Subsection A above, or whenever due diligence has been used to give notice, the Code Enforcement Officer may direct the Department of Public Works to enter onto the building and the property and take steps and perform acts to render the building and its adjoining yards safe and secure and free from hazards to adjoining property and the public. These acts shall include but not be limited to boarding up windows and doors, shutting off utilities, capping plumbing to prevent leakage of sewer gas, or removing flammable or otherwise hazardous material and debris.
C.
All buildings, dwellings, dwelling units, multiple
dwellings, rooming units, rooming houses, yards, courts, open areas
and vacant lots which are in violation of this chapter are hereby
declared to be a nuisance, and the Village is hereby authorized to
maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of this chapter.
D.
The owners of a vacant building shall ensure that
the exterior surface of a building and its adjoining property comply
with the applicable provisions of this chapter.
