[HISTORY: Adopted by the Board of Trustees of the Village
of Lake George 8-17-2009 by L.L. No. 10-2009. Amendments noted
where applicable.]
This chapter provides for the administration and maintenance
of vacant structures and parcels of land, multifamily premises, commercial
premises and single-family residences located in the Village of Lake
George in conformity with the provisions of this chapter so as to
establish reasonable safeguards for the safety, health and welfare
of the occupants and users thereof and of the general public.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
A building, structure or land used for any purpose other
than for single-family or multifamily purposes, including premises
used for retail purposes, business purposes or industrial purposes.
Any building which is used as a home or residence, other
than a single-family residence, together with any garage or other
accessory building and the lot upon which such building or buildings
are constructed.
A building which is occupied exclusively as the home or residence
of a single family, together with any garage or other accessory building
and the lot upon which such building or buildings are constructed.
A parcel of land with no buildings or structures located
on same.
A building or structure, or a portion thereof, shall be deemed
vacant if it has not been used or occupied for 12 consecutive months,
or, if in a lesser period of time, there is a manifestation of a clear
intent on the part of the owner to abandon the building or structure.
All vacant structures and premises or vacant land shall be maintained
in a clean, safe, secure and sanitary condition as provided herein
so as not to cause a blighting problem or adversely affect the public
health or safety.
A.
The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to pose a threat to the public health,
safety or welfare.
[Amended 9-17-2012 by L.L. No. 6-2012]
(1)
All exterior surfaces of any structure shall be kept painted or otherwise
provided with a protective treatment for the purpose of preservation
and appearance. All exterior surfaces of any structure shall be maintained
free from broken glass, loose shingles or siding, crumbling masonry,
excessively peeling paint or other condition reflective of deterioration
or inadequate maintenance to the end that the building itself may
be preserved, safety and fire hazards eliminated and adjoining properties
and the neighborhood protected from blighting influences.
(2)
Exterior wood surfaces, other than decay-resistant woods, shall be
protected from the elements and decay by paint or other protective
covering or treatments. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted.
B.
Surface and subsurface water shall be drained to prevent damage to
buildings and structures and to prevent development of stagnant water.
Gutters, culverts, catch basins, drain inlets, stormwater sewers or
other satisfactory drainage systems shall be provided and utilized.
In no case shall the water from any rain leader be allowed to flow
over the sidewalk.
C.
Fences and retaining walls shall be maintained in a safe and undamaged
condition.
[Amended 9-17-2012 by L.L. No. 6-2012]
(1)
Fences shall be kept painted or otherwise provided with a protective
treatment for purpose of preservation and appearance.
(2)
If paint or other preservatives have been applied to the exterior
surface, it shall be repainted, resurfaced, or otherwise treated when
it constitutes blight to the surrounding area, as determined by the
Village of Lake George.
(3)
Fences shall be continually maintained, and no fence shall be permitted
to become unsightly or in a state of disrepair, as determined by the
Code Enforcement Officer.
(4)
Fences may be painted white or earth-tone colors and may not be painted
in any case a fluorescent or in obnoxious schemes that are not in
harmony with the neighborhood, as determined by the Code Enforcement
Officer.
D.
Steps, walks, driveways, parking spaces and similar paved areas of
any building and or property shall be maintained so as to afford safe
passage under normal use and weather conditions.
[Amended 9-17-2012 by L.L. No. 6-2012]
E.
No snow removed from driveways, walks or other areas shall be deposited
upon the public streets or highways so as to interfere with the use
of such streets or highways or with the use of any other premises.
F.
All driveways and parking spaces provided shall be kept in good repair,
and such driveways and parking spaces shall be regularly cleaned to
avoid accumulation of dirt, paper and other debris.
[Amended 9-17-2012 by L.L. No. 6-2012]
G.
Heavy undergrowth and accumulation of plant growth which are unsightly,
noxious or detrimental to health shall be eliminated or removed. Hedges
and shrubs shall be kept pruned or trimmed. Grass shall not be permitted
to exceed six inches in height.
H.
The owner shall keep all and every part of the premises which he
owns, including but not limited to the steps, walks, porches, decks,
driveways and parking areas, in a clean, sanitary and safe condition
and free from items such as but not limited to litter, debris, paper,
dirt, garbage and junk and, except for public improvements, in good
repair.
[Amended 9-17-2012 by L.L. No. 6-2012]
I.
Dead or incurably diseased trees shall be taken down and the diseased
portion thereof removed and destroyed. Trees shall be kept pruned,
and dead wood shall be removed.
J.
Party responsible for tree removal. The owner of the real property
on which a tree that is to be trimmed or removed is located shall
be responsible to pay all of the costs necessarily incurred in the
safe removal of the tree and the cleanup of the debris in the area
on which the tree was located.
K.
No owner or occupant of a premises shall store, place or allow to
accumulate items such as but not limited to refuse, garbage, rubbish,
litter, debris or other material of any kind or nature which may serve
as food for rats, rodents, pigeons, wild animals or other pests or
provide harborage for rats, rodents, pigeons, wild animals or other
pests in or upon said property.
L.
No owner or occupant shall allow the condition of the parcel or lot
of any real property (or portion thereof) or any buildings, sheds
or other structure located thereon, whether closed or open, to attain
a condition that would attract rats, rodents, pigeons, wild animals
or other pests to congregate, occupy, breed or live upon or be attracted
to said property.
M.
No person shall place food for the feeding of birds, fowl or other
animals, in the open, in such a manner that such food is accessible
to rats, rodents, pigeons, wild animals or other pests, except if
such food is placed in containers which would prevent the scattering
of such food upon the ground. The scattered food, if any, shall be
removed from the ground so that it is not accessible to rats, rodents,
pigeons, wild animals or other pests.
N.
All canopies, marquees, signs, metal awnings, fire escapes, standpipes,
exhaust ducts and similar overhang extension shall be maintained in
good repair and be properly anchored so as to be kept in a sound condition.
When required, 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 similar surface treatment.
O.
The use of tarps, plywood, or any other covering material is prohibited
if such material may be seen from the public right-of-way. No such
material may be attached to any building. In the event such coverings
are necessary because property damage has occurred or to protect the
property from damage, permanent repairs must be made within 90 days.
[Added 9-17-2012 by L.L. No. 6-2012]
P.
No owner or occupant of a premises shall deposit any brush, weeds,
grass or other yard waste upon the public right-of-way after June
1 of each year without having same wholly contained in a biodegradable
bag placed upon the curbside.
[Added 9-17-2012 by L.L. No. 6-2012]
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of rubbish, garbage or yard waste.
B.
Disposal of rubbish. Every occupant of a structure shall dispose
of all rubbish in a clean and sanitary manner by placing such rubbish
in approved containers.
C.
Rubbish storage facilities. The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner
of the premises shall be responsible for the removal of rubbish.
D.
Disposal of garbage. Every occupant of a structure shall dispose
of his garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers.
E.
Garbage facilities. The owner of every dwelling shall supply an approved
leakproof, covered, outside garbage container and covered recyclable
container.
F.
Containers. The operator of every establishment producing garbage
shall provide at all times, and shall cause to be utilized, approved
leakproof containers provided with close-fitting covers for the storage
of such materials until removed from the premises for proper disposal.
G.
Use of porches for storage is prohibited.
[Added 9-17-2012 by L.L. No. 6-2012]
A.
Owners of premises and other persons, as defined in § 158-8B, shall be responsible for compliance with this chapter.
B.
In addition, tenants and occupants of multifamily and commercial
premises shall be responsible for compliance with respect to the following:
(1)
Maintaining all and every part of the commercial premises which they
rent, occupy or control, including the steps, walks, driveways and
parking areas in a clean, sanitary and safe condition and free from
such items as but not limited to litter, debris, paper, dirt, garbage
and junk.
(2)
Exterminating insects, rodents or other pests within that part of
the premises which they occupy.
A.
The Enforcement Officer and other duly appointed law enforcement
officers of the Village of Lake George shall be charged with the duty
of administering and enforcing this chapter.
B.
It shall be the duty of the Enforcement Officer to issue a notice
of violation or to order, in writing, the correction of all conditions
found to exist in or on any premises which violate the provisions
of this chapter.[1]
[1]
Editor's Note: Former Subsection C, regarding inspections
for infestation, which immediately followed this subsection, was repealed
9-17-2012 by L.L. No. 6-2012.
[Amended 8-16-2010 by L.L. No. 12-2010]
A.
A violation
of this chapter is hereby declared to be an offense punishable by
a fine not less than $250 for each and every day the violation exists,
or imprisonment for a period not to exceed six months, or both, for
conviction of a first offense. Conviction of a second offense, both
of which were committed within a period of five years, is punishable
by a fine of not less than $500 for each and every day the violation
exists, or imprisonment for a period not to exceed six months, or
both. Conviction for a third or subsequent offense, all of which were
committed within a period of five years, is punishable by a fine of
not less than $750 for each and every day the violation exists, or
imprisonment for a period not to exceed six months, or both.
B.
The term
"person" shall include the owner, tenant, occupant, mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee, lessee,
sublessee, agent or any other person, firm or corporation directly
or indirectly in control of any premises, building or part thereof.
A.
A notice of violation issued by the Enforcement Officer relative
to a premises shall be served either personally upon the person or
by posting the violation notice in a conspicuous place upon the premises
affected. If a notice of violation is served by posting it upon the
premises, a copy thereof shall be mailed to the person to whom it
is directed.[1]
[1]
Editor's Note: Former Subsection B, regarding the notice’s
statement pertaining to a request for a hearing and an outline of
remedial action, Subsection C, regarding the hearing, Subsection D,
regarding an appeal, and Subsection E, regarding second and subsequent
offenses, which immediately and respectively followed this subsection,
were repealed 9-17-2012 by L.L. No. 6-2012.
[Amended 9-17-2012 by L.L. No. 6-2012[1]]
A.
In addition to any other remedies or penalties that may be imposed,
a violation of this chapter shall entitle the Village Board to remedy
or repair the conditions constituting the violation, at the premises
owner's expense, in order to bring the premises into conformity
and compliance with this chapter. The disbursements and expenses shall
become a charge and a lien upon the premises and the same shall be
added to the premises' next annual Village tax bill, to be collected
in accordance with the provisions of law and the procedure for the
payment of Village taxes with interest, as may be provided by law.
This provision shall be in addition to any other provisions, penalties
or powers available to the Village for enforcement of this chapter.
This chapter shall take effect upon filing in the office of
the New York State Secretary of State or as otherwise provided by
law.
