Village of Montgomery, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery 1-2-1979 by L.L. No. 2-1979. Sections 90-7G and 90-13 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.[1]]
[1]
Editor's Note: Section 8 of L.L. No. 1-1989, which amended §§ 90-1 through 90-3; 90-5 through 90-6; 90-9; and 90-13, provided for the following:
The Board of Trustees finds that sidewalks are an attribute of private property and intends with this local law to supersede §§ 4-414, 5-516 and 5-518 of the Village Law to the extent said sections may be interpreted to the contrary.
A. 
Abbreviations, terms, phrases, words and their derivatives used in the law shall have the meanings stated in this section. Terms and words not defined shall have their ordinarily accepted meanings or such as the context may imply.
B. 
Words used in the singular include the plural, and the plural include the singular. Words used in the masculine gender include feminine and neuter genders.
C. 
As used in this chapter, the following terms shall have the meanings indicated:
[Added 5-2-1989 by L.L. No. 1-1989]
PREMISES
A lot, plot or parcel of land, or building or structure.
[Amended 5-2-1989 by L.L. No. 1-1989]
This chapter provides basic and uniform standards and performance objectives implemented by requirements governing the maintenance of all premises in the Village of Montgomery in order to safeguard the health, safety and welfare of all occupants and users of such premises and of the residents of the village at large.
[Amended 5-2-1989 by L.L. No. 1-1989]
This chapter shall apply to all premises located in the Village of Montgomery.
The provisions of this chapter shall supplement state and local laws, ordinances, codes or regulations. Where a provision of this chapter is found to be in conflict with a provision of a state or local law, ordinance, code or regulation, the more restrictive provision shall prevail when legally permissible.
[Amended 5-2-1989 by L.L. No. 1-1989]
Installations, alterations and repairs to any premises necessary to comply with the provisions of this chapter or any other law, rule or regulation of the Village of Montgomery or the New York State Uniform Fire Prevention and Building Code and all materials, assemblies and equipment utilized in connection therewith shall be safe to persons and property. All such work, materials, assemblies or equipment shall comply with the applicable requirements of the New York State Uniform Fire Prevention and Building Code and Chapter 42, entitled Building Construction, of the Code of the Village of Montgomery.
[Amended 5-2-1989 by L.L. No. 1-1989]
All premises shall be maintained in a clean, safe and sanitary condition.
A. 
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent ponding.
B. 
Fences, walls and other minor constructions shall be maintained in safe, good and substantial condition.
C. 
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained to afford safe and convenient passage.
D. 
Yards, courts and vacant lots shall be kept clean and free of hazards.
E. 
Ground cover shall be properly established to prevent undue soil erosion due to the elements.
F. 
Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health or safety shall be eliminated.[1]
[1]
Editor's Note: Former subsection G which immediately followed this subsection, relating to fires, was omitted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
G. 
All collapsed structures and debris from structures shall be removed immediately or by special permission granted by the Board of Trustees.
[Amended 11-4-1985 by L.L. No. 17-1985]
A. 
Exterior surfaces shall be maintained in good condition. Surfaces, not inherently resistant to deterioration, shall be treated with a protective coating of paint or other suitable preservative.
B. 
Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be eliminated.
C. 
Paint containing more than 1% of metallic lead, based on the total nonvolatile content of the paint, shall not be used to paint any interior wall, ceiling, window, door or other interior surface. Where such paint on interior surfaces is peeling, or otherwise presents a health hazard, it shall be promptly removed and the surface safely and appropriately refinished or resurfaced.
[Amended 5-2-1989 by L.L. No. 1-1989]
A. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse. Storage containers shall be flame resistant and waterproof.
B. 
The accumulation or storage of garbage or refuse in any place occupied by the public is prohibited.
C. 
All dumpsters and other garbage containers (hereinafter "dumpsters") used on or by industrial or commercial uses or premises are subject to the following additional requirements:
(1) 
Dumpsters shall be washed monthly.
(2) 
Dumpsters shall be sprayed with a strong disinfectant after each garbage pickup in order to avoid foul odors, insects and vermin.
(3) 
Dumpster lids shall be kept closed at all times when not in use.
(4) 
All perishable garbage shall be placed in a plastic bag before being placed in a dumpster.
(5) 
No garbage or refuse shall be stored on top of or outside the dumpster.
(6) 
Shelters that house dumpsters shall be kept clean at all times.
(7) 
If the amount of garbage or refuse generated exceeds the capacity of the dumpster, the owner shall provide another dumpster or schedule more frequent garbage pickups at the owner's sole expense.
(8) 
All dumpsters shall be set back from the street and screened from residences and residentially zoned property whenever possible.
D. 
The Board of Trustees is hereby authorized to adopt, by resolution, rules and regulations concerning the recycling of certain items, classes or categories of garbage, trash or refuse. Such rules and regulations may provide different standards applicable to reasonable classifications of properties and/or generators of waste. Violation of such rules and regulations shall be punishable by penalties as hereinafter provided.
A. 
Refrigerators and similar equipment with locking mechanisms, shall not be discarded, abandoned or stored on premises accessible to children, without first removing the locking devices or the hinges of the doors.
B. 
Junked vehicles, equipment and materials shall not be stored in open areas of premises.
Domestic animals and pets shall be kept in an appropriate manner so as not to constitute a hazard or nuisance and under control.
[1]
Editor's Note: See also Ch. 34, Animals.
A. 
Whenever the Building Inspector finds that there has been a violation of this chapter, he shall issue a notice of violation to the property owner, lessor or other person or persons responsible. Said notice shall specify the violation and provide a reasonable time limit for compliance.
B. 
A notice of violation may be served as follows:
(1) 
By personal service; or
(2) 
By posting a copy thereof in a conspicuous place on the premises and by mailing another copy thereof to the premises, on the same day as posted, enclosed in a postpaid wrapper, addressed to the owner, lessor or his agent.
[Amended 11-4-1985 by L.L. No. 17-1985; 5-2-1989 by L.L. No. 1-1989]
A. 
Any person who commits an offense against any of the provisions of this chapter or who fails to comply with a notice of violation within the time limit stated therein shall be punished, upon conviction, by a fine not exceeding $500 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense.
B. 
In addition to the above, if the owner of private property fails to remove all garbage or refuse from the premises and/or the sidewalk adjacent to the premises within the time stated in the notice of violation, the village is authorized to enter upon the premises or sidewalk and remove the garbage or refuse. The costs of such removal shall be a lien against the property and, if not paid, shall be relevied as a real property tax and collected in the same manner as other village taxes.