[HISTORY: Adopted by the Board of Trustees of the Village
of Sloan at time of adoption of Code (see Ch. 1, General Provisions,
Art. I).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 185.
Fire prevention and building construction — See
Ch. 205.
Fences — See Ch. 230.
Junk and junk dealers — See Ch. 280.
Littering — See Ch. 295.
Abandoned vehicles — See Ch. 428.
[1]
Editor's Note: This chapter was originally adopted by resolution
8-8-1989 as Ch. 135 of the 1989 Code.
It is the purpose of this chapter to assist in the continued
revitalization of areas throughout the Village to attract new businesses,
promote the public interest in continued development, ensure regular
maintenance and improvements to present structures, safeguard against
blight and preserve property values and community standards and to
establish minimum maintenance standards to safeguard life, limb, health,
safety, property and the public welfare in the best interest of the
residents of the Village of Sloan.
It is found and declared that, by reason of lack of maintenance
and progressive deterioration, structures and properties have the
further effect of creating blighting conditions and initiating slums
and 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.
By reason of timely regulations and restrictions, as herein contained,
the growth of slums and blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of residential and nonresidential uses and 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:
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an "accessory
building" is attached to the main building in a substantial manner,
as by a wall or roof, such "accessory building" shall be considered
part of the main building.
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of "building" shall include the term "structure."
The New York State Uniform Fire Prevention and Building Code
Enforcement Officer employed by the Village for the purpose of enforcing
the terms of this chapter.
The condition or appearance of a building or structure 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 containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
Any premises or open space or any part thereof of any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
Fully operable for the use intended.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
Any person who has charge, care or control of a building
or part thereof.
Includes any person having individual or joint title to real
property in any form defined by the laws as an estate or interest
therein, whether legal or equitable, and however acquired.
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organization recognized
as an entity by the laws of the State of New York.
A building, dwelling and/or grounds.
Land and whatever is erected on, growing on, placed on or
affixed thereto.
All cardboard, plastic material or glass containers, wastepaper,
rags, sweeping, pieces of wood, excelsior, rubber and like waste material.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
The Village of Sloan.
The officer employed by the Village of Sloan to enforce the
zoning laws of the Village of Sloan.
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 Sloan, County of Erie, 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 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.
Foundations, porches, decks, steps and walls shall be in good condition.
B.
Vent attachments shall be safe, durable, smoke-tight and capable
of withstanding the action of flue gases.
C.
Exterior balconies, porches, landings, stairs and fire escapes shall
be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
D.
All permanent signs and billboards 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 nonoperative or broken electrical signs shall be repaired
or shall, with their supports, 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.
E.
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 excessive weathering or deterioration of
any nature. Unoccupied storefronts shall be maintained in a clean
and neat appearance.
F.
Any awnings or marquees and accompanying structural members shall
be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or of a similar material and
are exposed to public view, such material shall not show evidence
of excessive weathering, discoloration, ripping, tearing, holes or
other deterioration. Nothing herein shall be construed to authorize
any encroachment on streets, sidewalks or other parts of the public
domain.
G.
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.
H.
Exterior walls, including doors and windows and the areas around
doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. Materials
which have been damaged or show evidence of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner.
I.
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 exposed
exterior surfaces of structures not inherently resistant to deterioration
shall be coated, treated or sealed to protect them from deterioration
or weathering. Wood, masonry or other exterior materials that will
naturally resist deterioration do not have to be treated but must
be otherwise maintained in a sound, secure workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained
in a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs
and fixtures of buildings shall be maintained in a clean, safe, 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.
J.
Roof drains, overflow pipes, air-conditioning drains and any other
device used to channel water off or out of a building shall be maintained
in a safe and operable condition and shall not drain onto a public
sidewalk, walkway, street, alleyway or adjoining property.
K.
Lawns shall be cut, and bushes, shrubs and hedges shall be trimmed
regularly during the growing season so as to avoid an unsightly appearance.
A.
Surface or subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds, except where ponds are constructed pursuant to a stormwater
pollution prevention plan approved by the Village in accordance with
Chapter 390, Stormwater Management, of this Code. Gutters, culverts,
catch basins, drain inlets, stormwater sewers or other satisfactory
drainage systems shall be utilized where necessary. No roof, surface
or sanitary drainage shall create a structural, safety or health hazard
by reason of construction, maintenance or manner of discharge.
B.
Fences and other minor construction shall be maintained in a safe
and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled
and necessary repairs or replacement carried out.
D.
Yards and vacant lots shall be kept clean and free of physical hazards
and rodent harborage and infestation. They shall be maintained in
a manner that will prevent dust or other particles from being blown
about the neighborhood. Open wells, cesspools or cisterns shall be
securely closed or barricaded from access by the public. All temporary
excavations shall be kept covered or barricaded so as to protect the
general public from injury.
E.
All land must be kept free of dead or dying trees and accumulations
of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious
growths, garbage, refuse or debris which would either tend to start
a fire or increase the intensity of a fire already started or cause
poisoning or irritation to people or animals or cause or tend to cause
or enhance an unhealthy or dangerous or obnoxious condition on said
property or on any adjacent or neighboring property.
F.
No more than one unregistered vehicle may be stored on the premises
other than inside a completely enclosed building, and any such unregistered
vehicle must be capable of passing a New York State motor vehicle
inspection. This subsection shall be enforced by the Cheektowaga Police
Department.
G.
There shall
be no vehicle parking on unpaved surfaces. All driveways and parking
areas shall be of concrete or asphalt surface only.
H.
Vehicles
or other obstructions shall not be located on the sidewalk or the
area between the sidewalk and street or directly in front of a residential
structure.
A.
Business units shall at all times be maintained in compliance with
the provisions of this chapter regulating open spaces, buildings or
structures and littering.
B.
No materials or stock-in-trade, garments, shoes or other wares may
be stored or displayed in a front or exterior or interior side yard
except for motor vehicles for sale at a permitted motor vehicle sales
establishment. No soft drink or other vending machines, ice machines or the like may be placed
in front of a building on a public sidewalk. Specifically excluded
herefrom are chairs and tables used in connection with a sidewalk
cafe or restaurant, provided that there shall be sufficient sidewalk
passage for pedestrians. Materials may be stored in a rear yard, provided
that a storage area therein is completely enclosed within a six-foot-high
solid fence or evergreen hedge of equivalent height and that the storage
area does not infringe on or obstruct vehicle parking or maneuvering
areas.
C.
No outside storage or accumulation of garbage, crates, rubbish, refuse
or debris shall be permitted at any time, and all such garbage, crates,
rubbish, refuse or debris shall be kept inside the building or buildings
on the premises or in an acceptable enclosure and shall be regularly
collected and removed from the premises.
D.
No shopping baskets, carts or wagons shall be left unattended or
standing in open areas, and the same shall be collected at the close
of business each day by the occupant of such unit and moved to the
interior of the building or buildings.
E.
No mobile refrigeration unit shall be operated on the premises after
the closing of the business conducted thereon unless such mobile refrigeration
unit is electrically operated, except in an industrial zone.
F.
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include
but not be limited to the replacement of trees and shrubs which may
die and/or otherwise be destroyed, the maintenance and cutting of
lawns and the replacement and/or repair of fences which may become
in disrepair.
G.
Persons owning or occupying property shall keep all walkways, public
or private, abutting said premises free from litter and trash of whatever
nature.
H.
Business
units shall at all times maintain a minimum area of 200 square feet
for each vehicle being stored on premises for sale or repair. Vehicles
or other obstructions shall not be located on the sidewalk or the
area between the sidewalk and street.
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform to generally accepted practice.
B.
Where the potential for rodent or vermin infestation exists, windows
and other openings in basements and cellars shall be closed or appropriately
screened with wire mesh or other suitable materials.
C.
No materials, goods or supplies may be stored in any front yard or
in an exterior or interior side yard. Materials may be stored in a
rear yard, provided that the area used for storage is screened from
neighboring properties by a fence or hedge and that the method and
manner of storage complies with the other provisions hereof.
D.
Upholstered
furniture manufactured for interior use may not be located, stored
or used on any porch, patio or exterior area unless such area is fully
enclosed year-round in such a fashion as to prevent any access to
or use of the furniture by insects, vermin or rodents as harborage
or nesting or for nest-building material.
A.
Residential, commercial and industrial premises, whether improved
or vacant, shall be maintained free of litter; provided, however,
that this section shall not prohibit the storage of litter in appropriate
private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse in accordance
with the provisions of applicable codes. Each owner of any building
from which garbage, rubbish, mixed refuse, ashes or other wastes are
collected shall provide refuse containers sufficient in number to
hold all collectible wastes which may accumulate. Containers must
be rodentproof and insectproof and watertight and must be kept covered
at all times. Such containers must not be kept in a front yard or
exterior side yard.
C.
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first completely removing any locking
or latching devices and all doors.
D.
Dumpsters and similar large receptacles shall be shielded from the
public view by means of appropriate landscaping, hedges, fences or
screening. This section shall not apply to receptacles for clothing
and the like donated to charity.
E.
Shopping centers, supermarkets and similar business units shall provide
permanent, attractive, decorated litter receptacles within the premises
for public use in sufficient quantity so that a person will not have
to walk in excess of 50 feet to use any such receptacle.
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.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities,
in that part of the premises which he occupies or controls in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
C.
Keeping exits from the building or occupant's portion thereof
clear and unobstructed.
D.
Disposal of garbage and refuse into appropriate facilities in a clean
and sanitary manner, in accordance with any applicable provisions
of the Village.
E.
Extermination of insects, rodents or other pests within the premises.
F.
Maintenance of yards, lawns and courts 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.
G.
The installation and removal of required screens.
H.
Keeping domestic animals and pets in an appropriate manner and under
control, in accordance with any other regulations of the Village.
I.
Elimination of all prohibited uses for that part of the premises
which he occupies, controls or has accessibility thereto.
A.
Responsibilities.
(1)
Owners of premises shall be responsible for 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 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 record
owner, and notice to any such person of any order or decision of the
Code Enforcement Officer shall be deemed and taken to be good and
sufficient notice, as if such person or persons were actually the
record owner or owners of such property. In instances where an occupant
is responsible or shares responsibility with the owner for the existence
of one or more violations of this chapter, said occupant shall be
deemed and taken to be an owner within the meaning of this chapter.
A.
The Code Enforcement Officer is hereby authorized and directed to
make inspections to determine compliance with this chapter. Inspections
shall be made between the hours of 9:00 a.m. and 7:00 p.m., Monday
through Saturday, and 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 which 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.
Every property owner shall pay a fee of $75 to be assessed against
the property for each inspection required after the second inspection
in which violations of a state or local building code are found, unless
such fee is waived by the Code Enforcement Officer. The Code Enforcement
Officer shall waive the fee when, in his evaluation, the remedy has
progressed in a timely fashion or the violation no longer exists.
A.
For purposes of enforcement of this chapter, if work is being done
on the property either the prime or general contractor or the owner
shall be held responsible.
B.
Materials may be stored in any area of the property upon which construction
is being carried on, provided that the method of storage and the materials
stored are in compliance with the requirements of this chapter. In
no event shall such storage be permitted for a period exceeding one
year.
C.
Drainage crossing the property being developed must be maintained
during the period of development, and no materials may be stored,
land disturbed or other work done to interfere with drainage or to
divert or cause runoff of groundwater or stormwater in an unnatural
fashion.
D.
The person responsible as herein shall take all necessary and reasonable
steps to ensure that there will not be an unusual or unwarranted amount
of dust and debris blown onto or across neighboring or nearby properties.
E.
Construction roads must be oiled or kept wet or properly treated
to decrease the spread of dust and mud.
F.
A temporary cover such as rye grass or a mulch must be applied on
land that has been stripped of its protective vegetation during the
course of its construction to prevent the spread of dust and mud.
G.
All excavations in or near a public or private walkway or street
must be properly guarded and protected at all times by lights, flags,
barricades or other warnings sufficient in kind and amount to warn
the public of the danger of falling into the excavation.
H.
Temporary electrical service must be through electric lines that
are weatherproof and waterproof; such lines must not cross public
walkways or highways on the ground, nor shall they be placed on the
ground in areas subject to construction equipment traffic.
I.
Grounds and buildings must be kept free of debris such as broken
glass, boards with fastenings protruding and other articles making
travel around the job site dangerous and unsafe.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $250 or
imprisonment for a term not to exceed 15 days, or both.