[HISTORY: Adopted by the Town Board of the Town of Eaton 11-5-2009 by L.L. No.
2-2009. Amendments noted where applicable.]
A.
It is hereby declared to be the policy of the Town to provide for
the proper use and maintenance of buildings and land to prevent unsafe,
unhealthy, hazardous, or unsightly conditions due to the accumulation
of rubbish, garbage, brush, grass, and weeds in order to protect the
public health, safety and general welfare of the residents of this
Town. Such materials may be considered flammable and sometimes explosive.
Such may also contain acid or various poisons harmful and potentially
harmful to humans and the environment. Such materials may also contain
or consist of sharp metal or glass edges or points upon which a human
could receive serious cuts and abrasions, and may also attract rats
and other pests and vermin. Where such conditions exist, it shall
constitute a hazard to property and persons and be a public nuisance.
B.
By the adoption of this chapter, the Town Board of the Town of Eaton
declares its intent to be to address, in a manner consistent with
the interests of the citizens of the Town of Eaton, the manner in
which properties within the Town are maintained, including the unhealthy,
hazardous, and/or unsightly conditions that result from the accumulation
of garbage and rubbish, and the unchecked growth of brush, grass,
and weeds near residential dwellings, in order to protect the public
health, safety and general welfare of the residents of this Town.
The Town Board is concerned about the appearance of property in the
township and the maintenance required will be viewed towards promoting
the health, welfare and sanitation of the township.
C.
The Town Board hereby declares that the owners and occupants of properties
within the Town shall maintain the same in a neat and orderly fashion.
The premises shall be clean and free of garbage, rubbish, filth, vermin,
rodents and any thing or matter which can be considered dangerous
to life or health. The Town seeks to remove such threats to health,
life and property by requiring owners of land to take remedial action
in the event such conditions are found to exist.
D.
It is the Town Board's intent that a tenant or other occupant
of a property shall be liable in addition to the owner if a violation
is caused by his act, assistance or neglect, or that of any member
of his family or household or his guests.
As used in this chapter, the following terms shall have the
meanings indicated:
Any stove, washing machine, dryer, freezer, refrigerator
or other household device or equipment.
Uncultivated woody shrubs and/or immature trees.
A structure or container that provides complete protection
from the weather and elements to items located inside that structure
or container, including complete sides or walls, and a full roof or
cover.
Includes all waste food, papers, dead animals or parts thereof,
ashes, offal, vegetables, dross, cinders, shells, straw, shavings
and all waste materials which shall be flammable or capable of fermentation
or decay.
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering. May also be used as ground covering for the establishment
of drainage swales, flood routes or water detention basins.
The person or persons listed as owner of real property on
the most recent Town of Eaton final assessment roll, or such person
or persons who have given actual written notice to the Town of Eaton
of his, her, its or their ownership of real property notwithstanding
the information contained on such assessment roll.
Includes an individual, society, club, firm, partnership,
corporation or association of persons, the singular form shall also
include the plural.
Includes all of the following materials when left out of
doors outside of a fully enclosed structure or container:
Garbage, junk, debris, or any combustible or deleterious materials.
Any unused objects or equipment, such as, but not limited to,
automobile parts, furniture, stoves, refrigerators, freezers, appliances,
cans, containers or vehicle tires.
Waste metal, tin cans, ashes, cinders, glass, pottery, fabric,
paper, cartons, boxes, crates, pallets (other than pallets intended
to be used for business or heating purposes upon the premises, furniture
(other than lawn furniture or other furniture specifically constructed
for outdoor use), rugs, clothing, rags, mattresses, blankets, tires,
discarded and/or dismantled building materials, remains of destroyed
or dismantled, or partially destroyed and dismantled buildings or
other structures, vehicle and equipment parts.
Any unsanitary matter or materials.
One who temporarily holds or occupies land, a building or
other property owned by another.
Wild and uncultivated plants growing at the whim of nature
in locations not specifically intended.
A.
This chapter shall apply to all lands within the Town of Eaton.
B.
No owner, tenant or person occupying premises shall permit the placement,
accumulation or keeping of garbage or rubbish on any premises except
in an enclosed structure or container which protects such material
from the natural elements and completely precludes sight of such material
from any public or private right-of-way or from any other public or
private property.
C.
No owner, tenant or person occupying premises shall permit or maintain
within 50 feet of any residential dwelling, whether occupied or unoccupied,
any growth of brush, grass, or weeds, higher than 10 inches on the
average.
D.
Notwithstanding anything stated or interpreted to the contrary in
this chapter, no provision of this chapter shall be deemed to prohibit
the carrying on of normal and proper agricultural procedures and/or
the storing and maintaining of agricultural equipment, supplies and
products.
A.
If any of the provisions of this chapter are not complied with, the
Code Enforcement Officer is hereby authorized to serve written notice
and an order to remedy such violation personally upon the owner, tenant
or other person occupying the property, or, as an alternative to personal
service, may send such notice by certified mail, return receipt requested,
and by regular mail addressed to the last known address of such person,
and post such notice in a conspicuous place on the property.
A.
The Code Enforcement Officer, or such other title as may be given
by the Town Board, is empowered to enforce the provisions of this
chapter. The Code Enforcement Officer is authorized to issue and serve
appearance tickets and such other process as may be required and/or
authorized by these regulations or the Criminal Procedure Law in the
course of such enforcement proceedings. Any enforcement action or
proceeding may be commenced upon the personal knowledge of the Code
Enforcement Officer and/or upon the sworn statement of another individual(s).
B.
Each violation of this chapter shall be punishable by a fine not
to exceed $250, imprisonment up to 15 days, or both. Each day's
violation shall be considered a new and separate offense subject to
a separate penalty.
If the owner of real property has been prosecuted and found guilty (whether by plea or conviction by the court) of one or more violations pursuant to § 145-5 of this article, and such owner fails, neglects or refuses to remedy such violation(s) within 30 days after the date of such conviction, the Town may cause such violation(s) to be remedied, and all such expenses incurred in such work shall be certified by the Town officer or employee overseeing the work to the Town Clerk and shall thereupon become and be a lien upon the property on which such work was performed and shall be added to and become part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as Town taxes. This remedy is available to the Town in addition to such penalties and enforcement proceedings as are otherwise authorized under § 145-5 of this article, and shall not be deemed to be in lieu of such other penalties and enforcement proceedings.
