[HISTORY: Adopted by the Board of Trustees
of the Village of Montgomery 1-2-1979 by L.L. No. 2-1979. 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.
[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.
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.
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:
[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.
