[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.
A.
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.
B.
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:
A.
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.
B.
Foundations, porches, decks, steps and walls shall be in good condition.
C.
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.
D.
All accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
E.
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.
F.
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.
G.
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.
H.
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.
I.
All doors, door assemblies and hardware shall be maintained in good
condition.
J.
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.
An occupant of premises shall be responsible for compliance
with this chapter in regard to the following:
A.
Maintenance of that part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
B.
Keeping exits from the building or occupants' portion thereof
clear and unobstructed.
D.
Extermination of rodents or other pests within the premises.
E.
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.
F.
Keeping domestic animals and pets in an appropriate manner and under
control, in accordance with any other regulations of the Village of
Fort Edward.
G.
Elimination of all prohibited uses for that part of the premises
that he occupies, controls or has accessibility thereto.
A.
Responsibilities.
(1)
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.
(2)
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.
B.
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.
A.
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:
(1)
An enumeration of conditions that violate the provisions of this
chapter.
(2)
An enumeration of the remedial action required to meet the standards
of this chapter.
(3)
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.
(4)
A statement of the penalties for noncompliance, as set forth herein.
B.
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:
C.
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.
