The Town Board of the Town of Sodus has found it necessary for the health, safety and general welfare of the residents to see that the lots and property within the Town are properly maintained and free of vermin, nuisances, hazards and litter.
[HISTORY: Adopted by the Town Board of the Town of Sodus 12-4-1974 by L.L. No. 1-1974 (Ch. 67 of the 1994 Code). Amendments noted where applicable.]
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 Town, and said property shall be kept free and clear of same.
For the purpose of this chapter, the terms used herein are defined as follows:
Includes but is not limited to abandoned automobiles or any parts thereof, unless such party has a license to store the same; and 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, or matter attractive to vermin or likely to breed disease, cause fires or be prejudicial to good health.
The owner, tenant or occupant of property located within the Town of Sodus is hereby required to remove all nuisances, hazards and litter or matter attractive to vermin, as hereinabove defined, when ordered to do so by a member of the Police Department, Fire Inspector or Code Enforcement Officer, within five days of written notice thereof. Said written notice shall be served upon the owner, tenant or occupant. If the owner of said lands is a nonresident of the Town of Sodus, a notice to remove the nuisance, hazard or litter, mailed to such owner, addressed to his last-known address, shall be sufficient service thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Failure to comply with the direction of any agent of the Town of Sodus as aforesaid shall constitute a violation of this chapter. Each and every violation of any of the provisions of this chapter shall be punishable by a fine not to exceed $250, or by imprisonment for not more than 15 days, or both. In the case of continuing violation of this chapter, each day that such violation exists shall constitute a separate and distinct violation.
A.
The Town Board, by resolution, may cause any nuisance, hazard or litter, as herein defined, to be removed from any property within the Town of Sodus 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 the Town Highway Department or other designee, including a private contractor. The Town Board 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 shall be collected in the same manner and at the same time as other Town charges.
B.
The removal of any nuisance, hazard or litter by the Town of Sodus 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.