This chapter shall be known as the "Property Maintenance Code
of the Town of Kent" and may be referred to herein as "this chapter"
or as "this ordinance."
The purposes of this chapter shall be to:
A. Provide for the public health, safety and welfare.
B. Avoid, prevent and eliminate the maintenance or creation of hazards
to the public health or safety.
C. Avoid, prevent and eliminate conditions which, if permitted to exist
or continue, will depreciate or tend to depreciate the value of adjacent
or surrounding properties.
D. Prevent the creation, continuation, extension or aggravation of blight.
E. Preserve property values in the Town.
F. Prevent the physical deterioration or progressive downgrading of
the quality of buildings in the Town.
G. Maintain the value and economic health of the commercial properties
and businesses that serve and help to support the Town and its citizens.
H. Establish minimum standards governing the maintenance and condition
of land, buildings, structures and premises in the Town.
For the purposes of this chapter, the following terms shall
be defined as follows:
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto; and the open land
space of any premises outside of any building or structure erected
thereon.
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 ordinances of the Town.
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 the premises where such condition exists.
OCCUPANT
Any person having actual possession, use or occupancy of
a dwelling premises or rooming unit, 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.
OPERATOR
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises, or a part thereof, with
or without the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building or structure
or part thereof, as owner or agent of the owner, or as a fiduciary,
trustee receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained.
PREMISES
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, mineral matter, plastic,
rubber, leather, furniture, household goods, appliances, bedding,
scrap lumber, scrap metal, construction material, inoperable machinery
or parts thereof, garden or farming implements and supplies, dead
or rotting vegetation, tires, abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste.
Every residential and nonresidential building or structure and
the premises or part of the premises on which it is situated, including
vacant lots, shall be in compliance with the provisions of this chapter.
In any case where the provisions of this chapter impose a higher
or stricter standard than set forth in any other ordinance, law or
regulation of the Town, or under the laws or regulations of the State
of New York or any of its agencies, then the standards as set forth
herein shall prevail, but if the provisions of this chapter impose
a lower or lesser standard than any other ordinance, law or regulation
of the Town or of the laws and regulations of the State of New York
or any of its agencies, then the higher standard contained in any
such other ordinance, law or regulation shall prevail.
Compliance with this chapter shall not constitute a defense
against any violation of any other ordinance or law of the Town applicable
to any structure or premises, nor shall any one act of compliance
constitute a defense against any subsequent or other violation of
this chapter.
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this chapter, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder, nor be entitled to assert as a defense against any charge
made against him or them for violation of this chapter the fact that
another owner, operator or occupant or any other third person or entity
is also responsible therefor and in violation thereof.
Any alterations to buildings, structures or appurtenances thereto
which may be used directly or indirectly by the enforcement of this
chapter shall be done in accordance with all applicable sections of
the Town of Kent Building Code and the New York State Uniform Fire Prevention and Building
Code.
Nothing contained in this chapter or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of the Zoning Ordinance of the Town of Kent.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the Town of Kent or its officers or agencies
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
[Amended 2-19-2019 by L.L. No. 1-2019]
This chapter shall be enforced by the Code Compliance Officer,
Fire Inspector or Building Inspector of the Town of Kent.
A. Notice of violation.
(1) A notice of violation issued by the Building Inspector relative to
a premises shall be served either personally upon the person or entity
or by mailing the same to the person or entity by certified mail at
his last known address.
(2) A notice of violation shall state that unless, within 10 days from
service of the notice, a written request is made for a hearing before
the Building Inspector, such notice shall, at the expiration of such
ten-day period, be deemed an order to cease and desist from and to
abate the described violation; such notice shall prescribe a reasonable
time within which such person shall be required to cease and desist
from and abate such violation. The notice may also contain an outline
of remedial action which, if taken, will effect compliance with this
chapter.
(3) If a hearing is requested, it shall be commenced not later than 10
days after the request is made, provided that for good cause the Building
Inspector may postpone such hearing for a reasonable time. If, after
the hearing, the Building Inspector finds that no violation exists
or that such unusual, extraordinary or undue hardship shall occur
in order to effectuate compliance with this chapter, he shall withdraw
the notice. If he finds that a violation does exist, he shall forthwith
issue an order requiring the abatement of the same within a prescribed
reasonable time. The proceedings at such hearing, which shall be informal
in all respects, shall be summarized in a report reduced to writing
and entered as a matter of public record in the office of the Building
Department.
(4) Any party aggrieved by the decision of the Building Inspector may,
within five days of said decision, appeal the same to the Zoning Board
of Appeals of the Town of Kent by filing the appropriate form.
B. Action upon noncompliance.
(1) Upon the failure, neglect or refusal of any owner, person or agent
so notified to properly comply with this chapter within the time period
prescribed in the order of the Building Inspector, or within 10 days
from a decision by the Zoning Board of Appeals affirming said order,
the Building Inspector is hereby authorized and empowered to correct
or cause to be corrected such violation, subject to the approval of
the Town Board of the Town of Kent.
(2) When the Town has effected the correction of the violation or has
paid for its removal, the actual cost thereof, plus the accrued legal
rate of interest per annum from the date of the completion of the
work, if not paid by such owner prior thereto, shall be charged to
such owner by the Town and such charge shall become due and payable
by said owner. Notice of such change shall be served either personally
upon the person or entity or by mailing the same to the person or
entity by certified mail at his last known address.
(3) Where the full amount due the Town is not paid by such owner within 20 days after the correction of such violation as provided in Subsection
B(1) and
(2) above, then the Building Inspector maintained in the Building Department records and cause to be filed in the Office of the County Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was completed and the location of the property by section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.