The following terms, wherever used herein or referred to in this chapter, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:
CITYIncludes all areas within the City of Cortland, including both public and private areas.
COMMERCIAL VEHICLEAll trucks, vans, construction equipment and limousines bearing commercial license plates that are in excess of four tons net weight.
DETERIORATIONThe condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, crackling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEWAny premises or part of any premises which may be lawfully viewed by the public or any member thereof.
EXTERIOR OF THE PREMISESThose portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
EXTERMINATIONThe control and elimination of insects, rodents and vermin.
FRONT YARDThat space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the front yard shall be measured along a line perpendicular to the front street line or right-of-way line from the point of the foundation of the structure or building closest from such street line.
GARBAGEPutrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATIONThe presence of rodents, vermin, insects or other pests on the premises which constitutes a health hazard.
JUNK VEHICLEAny motor vehicle, whether automobile, bus, trailer, truck, tractor, mobile home, motorcycle, motor bicycle, minibicycle or snowmobile, or any other contraption originally intended for travel on the public highways which is abandoned, stored, left or located by its owner or any other person, or is permitted or condoned to be abandoned, stored, left or located by its owner or any other person, on public or private premises in the City of Cortland, outside any establishment duly licensed by the City of Cortland for the storage of junk vehicles which:
(1) Is not registered by the State of New York for operation on public highways and which has not been registered during the preceding 12 months; or
(2) Is not currently registered and not in a condition for legal use on the public highways; a vehicle which is in condition to pass the requirements for the New York state motor vehicle inspection sticker shall be deemed to be in condition for legal use on the public highways (the lack of a current registration or a current inspection permit shall not be considered in determining whether a vehicle is in such condition); or
(3) Is no longer intended to be used on the public highways, the condition of the vehicle and circumstances surrounding its storage or abandonment being admissible for purposes of determining such intent; or
(4) Is being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for some or all of the materials therein, or for the purpose of disposing of the same.
NUISANCE[Amended 12-20-2016 by L.L. No. 9-2016]
(1) Any condition so defined by City law, the statutes of the State of New York or the ordinances of the City of Cortland.
(2) Any condition that may prove attractive but detrimental to the health or safety of children, whether in a building on the premises or upon an unoccupied lot.
(3) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
(4) Conditions which render air, food or drink unwholesome or detrimental to the health of human beings.
(5) Byproducts of clandestine labs, including but not limited to meth.
OCCUPANTAny person having actual possession of a premises.
OPEN STORAGEStorage other than in a completely enclosed structure, such as a garage, and such structure shall be constructed in accordance with the City of Cortland building code.
OWNERAny person or entity who, alone or jointly or severally with others, has legal or equitable title in any form to any premises, with or without actual possession thereof, or who shall have charge, care or control of any dwelling or premises as owner or agent of the owner, including but not limited to a fiduciary, executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession.
PERSONIncludes natural persons, corporations, partnerships, unincorporated association or any other organization of two or more persons.
PREMISESA lot, plot or parcel of land, including the buildings or structures thereon.
REFUSEAll nonputrescible solid wastes, including but not limited to abandoned vehicles and recreational equipment and parts thereof, abandoned machinery and parts thereof, household furnishings, dead animals, debris, junk, appliances, rubbish, scrap lumber, stumps, tires, trash, grass and yard clippings. (See also "garbage.")
REPAIR SETTLEMENTDetermination by whatever means, including settlement of a claim, arbitration or legal action that any person other than the owner of a vehicle is liable to pay or will pay for the repair of damage to a vehicle resulting from any vehicular accident.
UNOCCUPIED BUILDINGAn "unoccupied building" shall mean any structure intended for residential or commercial use which is not currently occupied or in use. For the purpose of the enforcement of this chapter, a presumption shall exist that a structure unoccupied for six months or more is not currently occupied/in use.
WRECKERAny business operating a vehicle for towing or hauling other motor vehicles.
WRECKER-COMMERCIAL GARAGEAny business operating as a wrecker and as a commercial garage or any two businesses operating such two businesses from the same parcel of property or any two such businesses having 50% common ownership.