The Board of Trustees of the Village of Walden hereby determines
that it is necessary for the public health, safety and general welfare
of the residents of the Village of Walden to provide regulations whereby
all properties within the Village are kept clean and free from vermin,
noxious weeds and disease-bearing insects, including ticks, mosquitoes
and flies, are properly maintained to avoid blight and are kept free
of nuisances, hazards, debris and litter. Furthermore, it is found
and declared that by reason of lack of maintenance and progressive
deterioration, certain properties and structures have the further
effect of creating blighting conditions leading toward the creation
of slum-type areas and that, if the same are not curtailed and removed,
the conditions will grow and impact the entire community. By reason
of timely regulations and restrictions, the public health may be protected,
blighted areas prevented and the desirability and amenity value of
properties maintained.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them. When not inconsistent with the context,
the present tense shall include the future and words used in the plural
shall include the singular and vice versa.
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure located on the same lot
with the main building, occupied by or devoted to an accessory use.
Where an accessory building or structure is attached to the main building
in a substantial manner, as by wall or roof, such accessory building
or structure shall be considered part of the main building.
DETERIORATION
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, peeling, rusting or other evidence
of physical decay or neglect, excessive use or lack of maintenance.
ENFORCEMENT OFFICER
The Village Manager or the individual(s) employed by the
Village of Walden designated by the Village Manager to enforce the
provisions of this chapter.
EXPOSED TO PUBLIC VIEW
Any premises or open space or any part thereof or 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.
EXTERIOR OF 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.
GARBAGE
Any animal or vegetable refuse or waste matter capable of
fermentation or decay.
GOOD WORKING REPAIR
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
INFESTATION
The presence of insects, rodents, vermin or other pests.
NOXIOUS GROWTH
Plants or other flora growth that may be hurtful, harmful
or may physically affect individuals, including but not limited to
poison ivy, sumac (trees, bushes or vines), deadly nightshade, Japanese
Heliotrope and bindweed. Noxious growths shall not include those plants
normally cultivated in gardens.
NUISANCE
A.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
York, its governmental agencies or the regulations and laws of the
Village of Walden.
B.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of premises where said condition exists.
C.
Any waste material or any other matter attractive to vermin,
likely to breed disease or which present a fire hazard, create offensive
odors or otherwise are prejudicial to good health or are so unsightly
of appearance as to be offensive to surrounding properties.
OCCUPANT
Any person residing, living or sleeping in or on the premises
or having actual possession, use or occupancy of a dwelling premises
or any person or entity in possession of or using any premises or
part thereof, whether or not the owner thereof and regardless of the
duration of time of such possession, use or occupancy.
OWNER
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.
PERSON
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.
PREMISES
A building, dwelling and/or grounds.
PROPERTY
Land and whatever is erected on, growing on, placed on or
affixed thereto.
REFUSE
All cardboard, plastic material or glass containers, wastepaper,
rags, sweepings, pieces of wood, excelsior, rubber and like waste
material.
VILLAGE MANAGER
The duly appointed Village Manager of the Village of Walden.
WORKMANLIKE MANNER
Work performed in a skillful manner or in a manner characteristic
of a skilled workman.