[HISTORY: Adopted by the Board of Trustees of the Village
of Malone 1-28-2002 by L.L. No. 3-2002. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Law
of the Village of Malone."
The Village Board of the Village of Malone hereby finds that
the outdoor storage, accumulation, deposit or placement of abandoned,
junked, discarded, wholly or partially dismantled motor vehicles,
rubbish, debris, or solid waste upon private property threatens the
health, safety and welfare of Village residents. Outdoor storage,
accumulation, deposit or placement of such items creates a significant
fire hazard, endangers the environment and groundwater, leads to infestation
by insects, vermin or rodents, depreciates property values, and has
a deteriorating and blighting effect upon the neighborhood and community.
A.
DEBRIS
GARBAGE
MOTOR VEHICLE
RUBBISH
SOLID WASTE
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures,
property or roads as well as materials consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal
and storm-related cleanup. Such materials include but are not limited
to bricks, concrete and other masonry material, asphaltic pavement,
glass, window frames, electrical wiring and components, plastics,
carpeting, foam padding, linoleum, metals, or any combination thereof
which are incidental to construction, excavation, renovation, equipping,
remodeling, repair or demolition.
Includes all putrescible animal and vegetable waste resulting
from growing, processing, marketing and preparation of food items,
including the container in which packaged.
Includes all vehicles as defined by New York State Vehicle
and Traffic Law § 125, and snow sleds, four-wheelers, three-wheelers,
lawn mowers, snow blowers, and any piece of equipment powered by electricity,
gas or fuel of any kind; also includes allterrain vehicles as defined
by New York State Vehicle and Traffic Law § 2281 and snowmobiles
as defined by New York State Vehicle and Traffic Law § 2221.
Includes all discarded or worthless nonputrescible solid
wastes consisting of both combustible and noncombustible wastes, including
but not limited to paper and paper products, rags, wrappings, cigarettes,
cardboard, tin cans, yard clippings, wood, glass, metals, plastics,
tires, bedding, cloth, crockery, furniture, appliances and similar
items.
Includes all putrescible and nonputrescible materials and
substances discarded or rejected as having served their original intended
use or as being spent, useless, worthless or in excess to the owner
at the time of such discard or rejection, including but not limited
to household and commercial garbage, industrial waste, rubbish, debris,
litter and ashes.
B.
All other terms as used in this chapter shall have their common and
ordinary meaning.
A.
No person, as owner, occupant, lessee or agent, or in any capacity,
shall store, deposit, place, maintain or cause or permit to be stored,
deposited, placed or maintained outdoors any abandoned, junked, discarded,
wholly or partially dismantled, unlicensed or unregistered motor vehicles,
or any solid waste, rubbish, or debris, upon any private property
within the Village for more than five days. This section shall not
apply to any solid waste, rubbish or debris temporarily stored or
placed in a container for collection or disposal. All appliances must
have their doors either secured or removed while stored outside in
preparation for removal.
B.
Violation of this section is punishable by a fine, the minimum of
which shall be $100 and the maximum of which shall not exceed $500,
and/or up to 15 days in jail, for each offense.
Whenever it shall appear that the provisions of this chapter
are violated, the Code Enforcement Officer, or any such other officer
or employee authorized by the Village to have jurisdiction thereof,
shall make an inspection of the property involved and shall prepare
a written report of the conditions found, which report shall be filed
with the Village Board five days after the inspection.
A.
If conditions existing on the inspected property violate the provisions
of this chapter, the Code Enforcement Officer, or other designated
officer or employee, shall serve or cause to be served a written notice
of such violation, either personally or by certified mail, upon the
owner or owner's agent as well as upon the lessee or occupant
of said premises.
B.
Said notice shall contain substantially the following:
(1)
The name of the owner, lessee or occupant of the premises;
(2)
The said address or location of the premises;
(3)
The identification of the premises as the same appears on the current
assessment roll;
(4)
A statement of the conditions on the property deemed upon inspection
to be in violation of this chapter;
(5)
Demand that the motor vehicle, solid waste, rubbish, or debris determined
to be in violation of this chapter be removed from the property on
or before five days after the service or mailing of such notice;
(6)
A statement that a failure or refusal to comply with the provisions
of this chapter and the notice given pursuant thereto within the time
specified may result in a duly authorized officer, agent or employee
of the Village entering upon the property and removing such motor
vehicle, solid waste, rubbish or debris and causing the same to be
disposed of or otherwise destroyed; and
(7)
That the cost and expense of such removal and disposal or destruction
shall be assessed against the described property and shall constitute
a lien thereon to be collected as provided by law.
A.
Nothing in this chapter shall prohibit a municipality from entering
onto private property to remove any solid waste, motor vehicle, appliance,
rubbish or debris whenever there exists an imminent threat to the
life or safety of persons.
B.
Municipal authority pursuant to this section may only be exercised
where there is a dire necessity to protect life and safety.
C.
Any municipal action taken pursuant to this section must be reasonably
calculated to alleviate or prevent the crisis condition and must be
limited to those actions necessary to eliminate the emergency situation.
Nothing contained in this chapter shall prevent the Village
from seeking judicial or equitable relief to abate violations of this
chapter.
This chapter shall not apply to any junkyard as defined in the
Village Code.[1]
If any clause, sentence, subdivision, paragraph, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, or invalidate the remainder thereof but shall be confined in its operation to the clause,
sentence, subdivision, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State of the State of New York.
