[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 6-3-2009 by L.L. No.
23-2009. Amendments noted where applicable.]
A.
The Town Board of the Town of Poughkeepsie hereby declares that it
is necessary for the health, safety, appearance and general welfare
of the public, the residents of the Town of Poughkeepsie, and the
owners of real property located within the Town of Poughkeepsie to
provide a method whereby vacant and improved properties, including
roads and rights-of-way, within the Town are properly maintained,
properly repaired, kept clean, and kept free from vermin, nuisances,
hazards, debris and litter.
B.
Properties which are not properly maintained and repaired may serve
as an attractive nuisance, may result in injuries therein, may be
a point of congregation by vagrants and transients, may attract rodent
or insects and may also attract illegal drug activity.
C.
Properties which are not adequately maintained and repaired tend
to diminish or lessen the appearance thereof or detract from the appearance
of adjoining properties, which may lead to the progressive deterioration
of a neighborhood.
D.
It is further found and declared that if the same are not curtailed
and removed, the aforesaid conditions will grow and spread and will
necessitate in time the expenditure of large amounts of public funds
to correct and eliminate the same, and that by reason of timely regulations
and restrictions as herein contained, the growth of blight may be
prevented, and the desirability and amenities of neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
As used in this chapter, the following terms shall have the
meanings indicated:
To withdraw or give up by leaving the premises or ceasing
to operate or inhabit the premises; to relinquish or renunciate an
interest, claim, privilege, possession or right in a real property
or an improvement on real property especially with the intent of never
again resuming or reasserting it; more than a seasonal absence from
the premises.
Premises which are not properly maintained so as to diminish
or lessen the appearance thereof, or so as to detract from the appearance
of adjoining properties, which leads, or may lead, to the progressive
deterioration of a neighborhood.
Any structure which is built upon the land and has one or
more floors and a roof supported by walls or columns and is intended
for the shelter, housing or enclosure of persons, animals or chattel.
The Building Inspector of the Town of Poughkeepsie or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, excessive
use or lack of maintenance.
A building or portion thereof providing complete housekeeping
facilities for one family, including independent kitchen, sanitary
and sleeping facilities, and physically separate from any other dwelling
unit, whether or not in the same building. (Note: The term "dwelling,"
"single-family dwelling," "multifamily dwelling" or "dwelling unit"
shall not be deemed to include a hotel, motel, rooming house, dormitory,
nursing home or any other accommodation used for transient occupancy.)
As used herein shall mean:
A building containing living, sanitary and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families.
A building containing three or more dwelling units.
A building with one or more sleeping rooms, other than a one-
or two-family dwelling, used or occupied by permanent or transient
paying guests or tenants.
A building with sleeping accommodations for more than five persons
used or occupied as a club, dormitory, fraternity or sorority house
or for similar uses.
A community residence.
A detached building, designated for or occupied exclusively
by one family and containing not more than one dwelling unit.
A detached or semidetached building where not more than two
individual family or dwelling units are entirely separated by vertical
walls or horizontal floors, unpierced except for access to the outside
or to a common hallway or cellar. A two-family dwelling includes a
flat. A single structure containing two semidetached units, side-by-side,
is considered a two-family dwelling, regardless of individual ownership
of either half of its structure, provided that they are on the same
zoned lot of record.
Any premises, or any part thereof, or any building, or any
part thereof, which may be lawfully viewed by the public, or any member
thereof, from a sidewalk, street, alleyway, licensed open-air parking
lot or from any adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The exterior wall or walls of a building which identify the
front of a building, and which face a street or public way.
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service with the duty
and responsibility of preventing, suppressing, or extinguishing fire;
or which may obstruct, delay or hinder, or may become the cause of
an obstruction, a delay, a hazard or a hindrance to, the prevention,
suppression or extinguishment of fire.
Putrescible animal and vegetable waste, liquid or solid,
resulting from the handling, preservation, preparation, cooking or
consumption of food; any readily combustible material such as paper,
cardboard, wood, excelsior, cloth, food and drink cans, glass food
and drink containers or any like material or object which may be discarded
by a person; any dead birds, cats, dogs and other small animals or
fish; any organic waste substance of any kind which may emit offensive
odors.
To expose to danger or harm.
Any item or agent (biological, chemical, physical) which
has the potential to cause harm to humans, animals; or the environment,
either by itself or through interaction with other factors.
Land that is occupied, or to be occupied, or capable of being
occupied, by principal and accessory buildings, and principal and
accessory uses, and that may include open space or open spaces.
A lot(s), parcel(s), building(s), or structure(s) in which
a variety of residential and/or nonresidential uses are located within
a complementary and integrated design.
Use of a lot(s), land(s), building(s), or structure(s) for
a variety of residential and/or nonresidential purposes in a complementary
and integrated design.
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the statutes of the State of New York, or the laws,
codes or regulations of the Town of Poughkeepsie;
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot, including, but not limited to,
abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation, such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors;
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the condition
exists;
Unsanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this code;
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings;
Fire hazards.
The owner of record of a tract, lot, or parcel.
The owner, the attorney for the owner, the trustee in bankruptcy,
a referee of foreclosure or a real estate broker or any other person
exercising implied or express control of the premises, to be determined
on a case-by-case basis.
All combustible and noncombustible waste, except garbage.
Liquid waste containing animal or vegetable matter in suspension
or solution, and which may include industrial wastes and liquids containing
chemicals.
Any unwanted or undesired material, substance, waste material,
including but not limited to garbage or other putrescible substance,
refuse, tobacco products and packaging, rubbish, tires, inoperable
vehicles and parts, discarded furniture, appliances, water heaters,
bottles, cans, plastic containers, pipes, bags of fertilizer, pet
excrement, building or construction materials or supplies when stored
outside on a site where no active construction or use of land is taking
place, discarded or strewn papers or material or other junk substances,
tree stumps, logs, wood, brush or any other matter attractive to vermin,
likely to breed disease, present a fire hazard, create offensive odors
or otherwise be prejudicial to good health; or being so unsightly
of appearance as to be offensive to surrounding properties.
A container designed so as to prevent the contents from leaking,
dripping, flowing, blowing upon, on, over, or about the property on
which it is placed or onto any neighboring property.
Anything constructed or erected, the use of which requires
location on, in or under the ground or attached to something having
location on the ground.
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
The structure which houses the use permitted under the zoning classification in accordance with the zoning district regulations as set forth in Chapter 210.
Lack of habitual presence of human beings.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
The main use permitted under the zoning classification in accordance with the zoning district regulations as set forth in Chapter 210.
Any unoccupied land, structure, building, or part thereof,
that is available and suitable for occupancy.
Any building, structure or portion thereof designed or used
for residential or commercial purposes which, except for seasonal
absence, is unoccupied or unused for a period of two consecutive months
or longer. Specifically excluded are all agricultural structures such
as barns and field houses.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a depth
or width as specified by the bulk regulations of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
A space on the same lot with a main building, extending the
full width of the lot and situated between the street line and the
closest point on the front line of the building projected to the side
lines of the lot. The depth of the front yard shall be measured between
the closet point on the front line of the building and the street
line. Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required
front yard.
A space on the same lot with a main building, extending the
full width of the lot and situated between the rear lot line and the
closest point on the rear line of the building projected to the side
lines of the lot. The depth of the rear yard shall be measured between
the rear lot line or the center line of the alley, if there be an
alley, and the closest point on the rear line of the building.
A space on the same lot with a main building, situated between
the side line of the building and the adjacent side line of the lot
and extending from the rear line of the front yard to the front line
of the rear yard. If no front yard is required, the front boundary
of the side yard shall be the front line of the lot, and if no rear
is required, the rear boundary of the side yard shall be the rear
line of the lot.
A.
This chapter shall apply to the following properties:
(1)
Lots, plots or parcels of land on which residential, nonresidential,
and mixed-use buildings are located, which are vacant, unoccupied,
or abandoned.
(2)
Principal and accessory buildings and structures used for or intended
to be used for residential, nonresidential, and mixed uses or occupancies,
which are vacant, unoccupied, or abandoned.
B.
Every building, structure or use, and the premises on which it is
situated, which is used or intended to be used for residential or
nonresidential or mixed-use occupancy shall comply with the provisions
of this code, whether or not such building, structure or use shall
have been established, constructed, altered or repaired before or
after the enactment of this chapter, and irrespective of any permits
or licenses which shall have been issued for the use or occupancy
of the buildings, structures or premises for the use, occupancy, construction
or repair of the building or structure, or for the installation or
repair of equipment or facilities, or for the installation or repair
of accessory structures and improvements prior to the effective date
of this code. This code establishes minimum standards for the initial
and continued occupancy and use of all such buildings and structures
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of the buildings, structures,
equipment or facilities contained therein.
C.
The provisions of this chapter shall supplement the local laws, codes
and regulations of the Town of Poughkeepsie. When a provision of this
chapter is found to be inconsistent with any provision of any other
local law, code or regulation of the Town, the provision or requirement
which is the more restrictive or which establishes the higher standard
shall prevail. A greater penalty shall not be considered as more restrictive
or a higher standard.
D.
After the date of enactment hereof, all licenses, permits, and approvals
of any agency or board of the Town shall be issued conditionally upon
compliance with this chapter as well as compliance with the local
law, code or regulation under which such license, permit or approval
is granted.
E.
No license, permit, approval, other certification of compliance with
this chapter shall constitute a defense against any violation of any
other local law, code or regulation of the Town of Poughkeepsie applicable
to any structure or premises, nor shall any provision herein relieve
any owner or operator from complying with any such other provision
or with the order of any official of the Town.
A.
The owner, tenant or occupant or person in control of a premises
or property shall not abandon, leave, dump, store or keep any nuisance,
hazardous material, debris, and litter, or any matter, including matter
attractive to vermin, upon any private or public premises, public
highway, road, street, alley or thoroughfare, including any portion
of the right-of-way thereof or any other public lands or upon any
privately owned property within the Town of Poughkeepsie.
B.
The owner, tenant or occupant or person in control of a premises
or property being used for multifamily dwelling and nonresidential
purposes located within the Town of Poughkeepsie is hereby required
to maintain at all times one or more covered dumpsters, containers
or enclosures of adequate size to temporarily store all nuisance,
hazardous material, debris and litter until removed. The failure to
comply with this subsection shall be deemed an offense.
C.
Unless approved by the Planning Board pursuant to § 210-150, no dumpster shall be located within the front yard of any premises and shall be surrounded on all sides by an opaque fence or wall enclosure of durable construction no lower than one foot above the height of the dumpster. All nonconforming, preexisting dumpsters shall be conformed to this requirement within six months of the adoption of this chapter. The failure to comply with this subsection shall be deemed an offense.
D.
The owner, managing agent or person in charge of any multifamily dwelling, nonresidential building, or mixed-use building or premises shall provide an enclosed bin or shed-type structure for housing the dumpster or garbage containers/receptacles to meet the needs of the occupants therein. The site of the bin or shed shall be in a location approved by the Planning Board in accordance with the requirements of Chapter 210 of the Town Code, and shall be landscaped or screened in accordance with the provisions of the Zoning Law of the Town of Poughkeepsie.[1]
[1]
Editor's Note: Former Subsection E, regarding curbside pickup
of trash containers, which immediately followed this subsection, was
repealed 2-17-2016 by L.L. No. 4-2016.
The owner, or occupant, or tenant, or operator, or person in
control as the case may be, of any vacant, unoccupied, or abandoned
building within the Town of Poughkeepsie shall comply with the following:
A.
The premises shall be properly maintained and landscaped. Lawns or
other ground cover shall be kept trimmed to a height of no greater
than six inches. Hedges, bushes, and shrubs located within a front
yard setback shall be maintained at a height no greater than 3 1/2
feet. Hedges, bushes, and shrubs located within a side or rear yard
setback shall be maintained at a height no greater than eight feet.
All hedges, bushes, and shrubs shall be kept from becoming overgrown
and unsightly where exposed to public view and where the same constitute
a blighting condition or factor that may depreciate the value of adjoining
and nearby property, or which may impair the appearance of the neighborhood.
B.
The premises shall be free of nuisance, hazardous, debris, litter,
unsanitary conditions and unsightly materials.
C.
All dead, damaged or diseased trees or shrubs, or any portion thereof,
as determined by a qualified arborist, which present any hazard to
life or property shall be removed.
D.
Properties shall be maintained so as to prevent soil erosion and
sedimentation.
E.
Firewood kept on the premises shall be neatly stacked and properly
stored and kept free of rotted wood.
F.
All green waste, such as yard waste, wood chips, brush, leaves, grass
clippings and firewood, shall be placed not less than 10 feet from
any property line. In bringing a complaint of noncompliance with this
provision, it shall be the responsibility of the complainant to have
the property line staked out by a New York State licensed land surveyor
in the area where the alleged violation is purported to exist so as
to allow Town officials to determine whether a violation of this provision
in fact exists. Alternatively, a complainant may provide proof of
a violation of this provision by a recent certified land survey from
which the Town code enforcement personnel are able to determine in
the field that a violation in fact exists. This section shall not
apply to green waste placed at the curb for removal by the Town of
Poughkeepsie or by a private carter, provided such placement is in
accordance with the Town of Poughkeepsie Highway Department's
requirements and schedule for removal.
G.
This section shall not prevent nor prohibit the maintenance of a
compost site/area in an approved and properly functioning manner,
in an area no greater than 10 feet by 20 feet (200 square feet) and
provided such composite site/area is not located within any front
yard, side yard, or rear yard setback.
H.
Walks and steps shall be maintained in good condition and shall be
repaired or replaced as necessary.
I.
Loose and overhanging objects which, by reason of their location
above ground level, constitute a danger of falling on persons in the
vicinity thereof shall be repaired or removed.
J.
Cracks, projections, or obstructions on paths, walks, driveways,
parking areas and other parts of the premises shall be repaired or
removed.
K.
All holes, excavations, breaks, trenches, and digging left open shall
be appropriately filled and repaired replaced.
A.
On any residential, nonresidential or mixed-use premises, any owner, tenant or occupant or person in control of any premises which has been determined to be in violation of this chapter shall cure or remove such violation when ordered to do so by the Zoning Administrator, a member of the Police Department, Fire Inspector or assistant, Building Inspector or subordinate with code enforcement authority, or Superintendent of Highways or designee, regarding right-of-way violations, within five days of the service of written notice as provided in Subsection C below.
B.
Any person or person in control responsible for the creation of a violation under this chapter affecting a public street or other public property within the Town of Poughkeepsie shall remove such offense when ordered to do so by the Zoning Administrator, by a member of the Police Department, Fire Inspector, or assistant, Building Inspector or subordinate with code enforcement authority, Superintendent of Highways or designee within five days of the service of written notice as provided in Subsection C below.
C.
All written notices under this section shall either be served on
the owner, tenant or occupant or person in control of any property
located within the Town of Poughkeepsie and by mailing a copy of such
notice by certified mail to the owner, tenant or occupant or person
in control of the property as shown on the current assessment records
of the Town, or by posting a copy of such violation notice upon the
front portion of the property or upon the main structure and by mailing
a copy of such notice by certified mail to the owner of the property
as shown on the current assessment records of the Town. In the case
of any person responsible for the creation of an offense existing
upon a public street or public property, notice may be personally
served on such person or mailed by certified mail to such person at
such person's last known address.
D.
The Zoning Administrator or Building Inspector and any subordinate of the Building Inspector with code enforcement authority shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties other than public property, and such officer shall provide written notice of noncompliance to the owner, tenant or occupant as provided in Subsection C, which shall require the removal within five days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure.
A.
A violation of this chapter or regulation is hereby declared to be
an offense, punishable by a fine not exceeding $1,000 or imprisonment
for a period not to exceed 15 days, or both. Each 24 hours during
which a violation shall continue constitutes a separate and distinct
violation within the meaning of this chapter. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter or regulations shall be deemed violations
and, for such purpose only, all provisions of law relating to violations
shall apply to such offenses.
B.
In addition to any other remedies set forth herein authorizing the
Town to enforce the provisions of this chapter, establishing penalties,
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $1,000 per day
for each day of the violation. If said civil fine is imposed, then
the alleged violator may appeal to the Town Board.
A.
Upon the failure of an owner, tenant or occupant or person in control
with notice to correct a condition complained of, the Town Board shall
hold a public hearing. The public hearing shall be held upon notice
published in the official paper, posted conspicuously on the affected
property and, if obtainable, forwarded to the last known address of
the property owner, as it appears on the current assessment records
of the Town, by certified mail, return receipt requested. Posting,
forwarding and publication shall be made not less than 10 days prior
to the date of the public hearing.
[Amended 6-1-2011 by L.L. No. 11-2011]
B.
The Town Board, after a public hearing as provided by Subsection A, may cause and continue to cause the removal of any building, structure, vermin, nuisance, hazard, debris or litter as defined in this chapter, or any vehicle parked or stored in violation of this chapter, to be removed from any premises within the Town of Poughkeepsie, upon the failure, or the continued failure, of such owner, tenant or occupant to comply with any requirements and/or conditions of the Town Board. Said removal may be performed by the Town of Poughkeepsie or by its designee, or agent, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal and assess such expense against the record owner 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.
[Amended 8-4-2010 by L.L. No. 17-2010]
C.
The removal of any building, structure, nuisance, hazard or litter
by the Town of Poughkeepsie or its agents shall not operate to excuse
such owner, tenant or occupant from properly maintaining the premises
as required by this chapter, and such owner, tenant or occupant shall,
notwithstanding such action, be subject to any other penalties as
provided for herein.
Whenever the Zoning Administrator or Building Inspector, or
Fire Inspector at any stage of the proceedings instituted under the
provisions of this code finds that a violation of this code exists
which, in his opinion, requires immediate action to abate a direct
hazard or immediate danger to the health, safety, or welfare of the
occupants of a building or of the public, he may, without prior notice
or hearing, issue an order citing the violation and directing that
such action be taken as is necessary to remove or abate the hazard
or danger. Such order may include an order to vacate. Notwithstanding
any other provision of this code, such an order shall be effective
immediately upon service and shall be complied with immediately or
as otherwise provided.
No owner of any building, structure or other premises upon which
any notice or order pursuant to this code has been served shall sell,
transfer, grant, mortgage, lease or otherwise dispose of such property
to another until compliance with the provisions of such notice or
order has been secured; or until such owner shall furnish to the purchaser,
transferee, grantee, mortgagee, or lessee, prior to such sale, transfer,
grant, mortgage, or lease, a true copy of such notice or order and,
at the same time, give adequate notification to the Zoning Administrator,
Building Inspector, or Fire Inspector of his intent to sell, transfer,
grant, mortgage or lease, and supply to the Zoning Administrator,
Building Inspector, or Fire Inspector, in writing, the name and address
of such person, persons, or firm to whom or to which the sale, transfer,
grant, mortgage or lease is proposed. A purchaser, transferee, grantee,
mortgagee, or lessee who has been informed of the existence of any
notice or order issued pursuant to the code shall be bound thereby.
A.
If any provision, paragraph, word, section or article of this chapter
is invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words, sections and articles shall not be
affected and shall continue in full force and effect.
B.
All other chapters, ordinances or local laws and any parts thereof
which are inconsistent or conflict with any part of this chapter are
hereby repealed to the extent of any inconsistency or conflict.
Any person or persons jointly or severally aggrieved by any
final order of the Zoning Administrator or Building Inspector, or
Fire Inspector may appeal to the Board of Zoning Appeals.
