[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward 8-7-2000 by L.L. No. 3-2000 (Ch. 65 of the 1985 Code). Amendments noted where applicable.]
It is the purpose of this chapter to promote the public interest in continued development, ensure regular maintenance and improvements to present structures, safeguard against blight, to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants and preserve property values and community standards and to establish maintenance standards to safeguard life, limb, health, safety, property and public welfare in the best interest of the residents of the Village of Fort Edward.
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements. A person shall not occupy as owner-occupied or permit another person to occupy premises which are not in a satisfactory and safe condition and which do not comply with the requirements of the chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit that they occupy or control.
This chapter establishes certain minimum standards for the initial and continued occupancy and use of all structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the structure, the premises or the equipment or facilities contained therein, as are required by the New York State Uniform Fire Prevention and Building Code.
In any case where a provision is found to be in conflict with any applicable zoning, building, plumbing, electrical, heating, ventilation, fire or safety code of the Village of Fort Edward, County of Washington, State of New York or United States of America the provision that establishes the higher standard, as determined by the Code Enforcement Officer, shall prevail.
The exterior of the premises and the condition of the structures shall be maintained so that the premises and all buildings shall reflect a level of maintenance in keeping with the standards of the community and shall not constitute blight from the point of view of adjoining property owners or lead to the progressive deterioration of the neighborhood. Such maintenance shall include, without limitation, the following:
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The owner and/or occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.
Foundations, porches, decks, steps and walls shall be in good condition.
All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
All permanent signs exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs that have become excessively weathered, those upon which the paint has excessively peeled or those whose supports have deteriorated so that they no longer meet the structural requirements of the New York State Uniform Fire Prevention and Building Code shall, with their supports, be removed or put into a good state of repair. All inoperative or broken electrical signs shall be repaired or shall be removed. Signs denoting a business, which is no longer on the premises, shall be removed within 30 days of the date on which the business ceases to occupy the premises.
All storefronts and walls exposed to public view shall be kept in a good state of repair. Storefronts or any portion of the structure shall not show evidence of weathering or deterioration of any nature. Unoccupied storefronts shall be maintained in a dean, and neat appearance.
All exposed exterior surfaces shall be maintained free of broken or cracked glass, loose shingles or loose or crumbling stones or bricks, loose shutters, railings, aerials, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Said conditions shall be corrected by repair or removal. All exterior surfaces, including but not limited to doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of the windows, doors and skylights, shall be maintained weather resistant and watertight. Floors, walls, ceilings, stairs and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, exterior wall, roof, porch or appurtenance thereto shall be maintained in a manner so as to prevent the collapse of the same or injury to the occupants of the building or to the public.
All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or other surface treatment.
All doors, door assemblies and hardware shall be maintained in good condition.
All vacant buildings shall be continuously guarded or sealed and kept secure against unauthorized entry. Materials and methods with which such buildings are sealed must meet the approval of the Code Enforcement Officer as to color, design and building material. Owners of such buildings shall take such steps and perform such acts as may be required to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public and that such property does not become infested with vermin or rodents.
Under no circumstances shall any of the stored materials exceed the height of the appropriate fencing for the specific zone.
An occupant of premises shall be responsible for compliance with this chapter in regard to the following:
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
Keeping exits from the building or occupants' portion thereof clear and unobstructed.
Extermination of rodents or other pests within the premises.
Maintenance of yards and lawns in a clean, sanitary and safe condition and free from infestation by rodents or vermin, insofar as said occupant occupies or controls said yards, lawns or any parts thereof.
Keeping domestic animals and pets in an appropriate manner and under control, in accordance with any other regulations of the Village of Fort Edward.
Elimination of all prohibited uses for that part of the premises that he occupies, controls or has accessibility thereto.
Owners of premises shall be responsible for the compliance with the provisions of this chapter and shall remain responsible therefor, regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
Owners and operators of buildings shall be responsible for the proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply where they have contracted to do so.
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Village of Fort Edward as executor, administrator, trustee, guardian, operator or agent, such persons shall be deemed and taken to be the owner or owners of said property within the intent and meaning of this chapter and shall comply with the provisions of this chapter to the same extent as the owner of record.
The Code Enforcement Officer is hereby authorized and directed to make inspections to determine compliance with this chapter. Every operator or owner shall cooperate with the Code Enforcement Officer in providing access to the premises. Whenever the Code Enforcement Officer determines that there is a violation of the provisions of this chapter, he shall cause a written notice to be served upon the owner or operator, which shall include:
An enumeration of conditions that violate the provisions of this chapter.
An enumeration of the remedial action required to meet the standards of this chapter.
A statement of a definite number of days from the date of the notice in which the owner or operator must commence and complete such remedial action.
A statement of the penalties for noncompliance, as set forth herein.
A copy of such notice shall be filed in the Village Clerk's office, and such notice shall be deemed sufficient if served upon the owner or operator as follows:
Upon failure to comply with said notice, the Code Enforcement Officer shall issue an appearance ticket returnable in the Village Court.
A violation of any provision of this chapter shall be an offense punishable by a fine not to exceed $1,000 or 15 days in jail for each violation.