[HISTORY: Adopted by the Town Board of the Town of LaGrange 6-22-2011 by L.L. No.
3-2011, amended in its entirety 12-14-2016 by L.L.
No. 14-2016. Subsequent amendments noted where applicable.]
A.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to provide for the health, safety, appearance and general
welfare of the public, the residents of the Town of LaGrange, and
the owners of real property located within the Town of LaGrange.
B.
The Town Board of the Town of LaGrange hereby finds that properties
which are not properly maintained and repaired constitute a public
nuisance, since they may serve as an attractive nuisance, may result
in injuries therein, may be a point of congregation by vagrants and
transients, may attract rodents or insects and may also attract illegal
drug activity. The Town Board of the Town of LaGrange further finds
that properties which are not adequately maintained and repaired tend
to diminish or lessen the appearance thereof or detract from the appearance
of adjoining properties, which may lead to the progressive deterioration
of a neighborhood. It is further found and declared that if the same
are not curtailed and removed, the aforesaid conditions will grow
and spread and will, in time, necessitate the expenditure of large
amounts of public funds to correct and eliminate the same, and that,
by reason of the regulations and restrictions as herein contained,
the growth of blight may be prevented, the desirability and amenities
of neighborhoods enhanced and the public health, safety and welfare
protected and fostered.
C.
The primary, but not exclusive, purpose and intent of this chapter
is to address adverse conditions, neighborhood blights and nuisances
which are associated with abandoned and vacant properties, or properties
which are subject to mortgage foreclosure or real property tax foreclosure.
This is to provide a method whereby properties within the Town are
properly maintained and landscaped, properly repaired, kept clean,
and kept free from vermin, nuisances, hazards, debris and litter which
negatively impact their appearance.
A.
This chapter applies to the following properties:
(1)
All lots, plots or parcels of land on which residential, nonresidential or mixed-use buildings are located, regardless of whether they are vacant, unoccupied or abandoned, with the exception of that portion of the provisions of § 181-7B which pertain to the Town's removal and disposal of personal property, which shall apply only to vacant and abandoned real property.
(2)
Principal and accessory buildings and structures used for or intended to be used for residential, nonresidential or mixed uses or occupancies, regardless of whether they are vacant, unoccupied or abandoned, with the exception of that portion of the provisions of § 181-7B which pertain to the Town's removal and disposal of personal property, which shall apply only to vacant and abandoned real property.
B.
Every building, structure or use, and the premises on which it is
situated, located in the Town of LaGrange which is used or developed
for intended use for residential, nonresidential or mixed-use occupancy
shall be maintained in compliance with the provisions of this chapter
or any amendment thereto, whether or not it shall have been established,
constructed, altered or repaired before or after the enactment of
this chapter, and irrespective of any permits or licenses or permits
which shall have been issued for the use or occupancy of the buildings,
structures or premises, or for the installation or equipment or facilities,
or for the installation or repair of accessory structures and improvements,
prior to the effective date of this chapter or any amendment thereto.
C.
This chapter establishes minimum standards for the initial and continued
occupancy and use and for the maintenance of all buildings, structures
or uses, and the premises on which they are situated, and does not
replace or modify standards otherwise established for their construction,
repair, alteration or use or for the equipment or facilities contained
therein.
D.
The provisions of this chapter shall supplement the local laws, codes
and regulations of the Town of LaGrange. When a provision of this
chapter is found to be inconsistent with any provision of any other
local law, code or regulation of the Town, the provision or requirement
which is the more restrictive or which establishes the higher standard
shall prevail.
E.
After the date of enactment of this chapter, or any amendment thereto,
all licenses, permits, and approvals of any agency or board of the
Town shall be deemed to be issued conditionally upon compliance with
this chapter as well as compliance with the local law, code or regulation
under which such license, permit or approval is granted. Violation
of this chapter shall be grounds for revocation of the aforesaid licenses,
permits or approvals by the Town Board after written notice of at
least 10 calendar days mailed to the address of the owner as stated
on the last preceding assessment roll and opportunity to be heard
by the Town Board.
F.
No license, permit, approval, other certification of compliance with
this chapter shall constitute a defense against any violation of any
other local law, code or regulation of the Town of LaGrange applicable
to any structure or premises, nor shall any provision herein relieve
any owner or operator from complying with any such other provision
or with the order of any official of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
To withdraw or give up by leaving the premises or ceasing
to operate or inhabit the premises; to relinquish or to renunciate
an interest, claim, privilege, possession or right in a real property
or an improvement on real property especially with the apparent intent
of never again resuming or reasserting it; more than a seasonal absence
from the premises. It shall be reliable evidence of abandonment if
the Town establishes that it has conducted at least three consecutive
inspections of real property, with each inspection conducted at least
30 days apart and at different times of day, and at each inspection
no occupant was present and there was no evidence of occupancy on
the property to indicate that any persons are residing there and the
real property was not being maintained in a manner consistent with
standards set forth in Chapter 3 of the New York Property Maintenance
Code. Other reliable evidence of abandonment shall include, but not
be limited to:
Overgrown or dead vegetation;
Accumulation of newspapers, circulars, flyers, or mail;
Past due utility notices, disconnected utilities, or utilities
not in use;
Accumulation of trash, refuse, or other debris;
Absence of window coverings such as curtains, blinds or shutters;
One or more boarded, missing or broken windows;
Openness to casual entry or trespass; or
The property has a building or structure that is or appears
to be structurally unsound or has any other condition which presents
a potential hazard or danger to safety of persons.
Putrescible animal and vegetable waste, liquid or solid,
resulting from the handling, preservation, preparation, cooking or
consumption of food; any readily combustible material such as paper,
cardboard, wood, excelsior, cloth, food and drink cans, glass food
and drink containers or any like material or object which may be discarded
by a person; any dead birds, cats, dogs and other small animals or
fish; any organic waste substance of any kind which may emit offensive
odors.
Any item or agent (biological, chemical, physical) which
has the potential to cause harm to humans, animals or the environment,
either by itself or through interaction with other factors.
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the statutes of the State of New York, or the laws,
codes or regulations of the Town of LaGrange;
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot, including, but not limited to,
abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation, such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors;
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the condition
exists;
Unsanitary conditions, or anything offensive to the senses or
dangerous to health, in violation of this Code;
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings;
Fire hazards.
The owner of record of a tract, lot, or parcel as stated
on the Town's last preceding assessment roll.
The owner, the attorney for the owner, the trustee in bankruptcy,
a mortgagee prosecuting foreclosure, a referee of foreclosure or a
real estate broker or any other person exercising implied or express
control of the premises, to be determined on a case-by-case basis.
All combustible and noncombustible waste, except garbage.
Any unwanted or undesired material, substance or waste material,
including but not limited to garbage or other putrescible substance,
refuse, tobacco products and packaging, rubbish, tires, inoperable
vehicles and parts, discarded furniture, appliances, water heaters,
bottles, cans, plastic containers, pipes, bags of fertilizer, pet
excrement, building or construction materials or supplies when stored
outside on a site where no active construction or use of land is taking
place, discarded or strewn papers or material or other junk substances,
tree stumps, logs, wood, brush or any other matter attractive to vermin,
likely to breed disease, present a fire hazard, create offensive odors
or otherwise be prejudicial to good health; or being so unsightly
of appearance as to be offensive to surrounding properties.
Lack of habitual presence of human beings.
Any unoccupied land, structure, building or part thereof
that is available and suitable for occupancy.
The owner, occupant, tenant, operator or person in control,
as the case may be, of any property subject to this chapter shall
comply with the following:
A.
The property shall be properly maintained and landscaped. Lawns or
other ground cover shall be kept trimmed to a height of no greater
than 10 inches. All hedges, bushes and shrubs shall be kept from becoming
overgrown and unsightly where exposed to public view and where the
same constitute a blighting condition or factor that may depreciate
the value of adjoining and nearby property, or which may impair the
appearance of the neighborhood.
B.
No green waste, such as yard waste, wood chips, leaves, brush and
grass clippings shall be placed less than 10 feet from any property
line. This section shall not apply to green waste placed at the curb
for removal by the Town of LaGrange or by a private carter, provided
that such placement is in accordance with any Town of LaGrange Highway
Department requirements and schedule for removal. This section shall
not prevent or prohibit the maintenance of a compost site/area in
a properly functioning manner, in an area no greater than 10 feet
by 20 feet (200 square feet) and provided such compost site/area is
not located within any front yard, side yard or rear yard setback.
C.
All properties subject to this chapter, and public rights-of-way
which are contiguous, shall be maintained so as to be free of nuisance,
hazardous materials, solid waste, debris, litter, garbage, rubbish,
unsanitary conditions and unsightly materials.
D.
Any firewood kept on any property or premises shall be neatly stacked
and properly stored and kept free of rotted wood.
E.
The owner, managing agent or person in control of any multifamily
dwelling, nonresidential building or mixed-use building or premises
shall provide and maintain at all times one or more covered dumpsters,
containers or enclosures of adequate size to temporarily store all
nuisance, hazardous materials, debris, litter, garbage or other refuse
or matter until it is properly removed from the premises. The site
of such dumpster, container or enclosure shall be in a location approved
by the Planning Board and landscaped or screened in accordance with
the provisions of the Zoning Law of the Town of LaGrange.
F.
All dead, damaged or diseased trees or shrubs, or any portion thereof,
which present any hazard to life or property shall be removed from
the property.
G.
The property shall be maintained so as to prevent soil erosion and
sedimentation.
H.
Walks and sidewalks shall be maintained in good condition, and free
of snow and ice, and shall be repaired or replaced as necessary.
I.
Loose and overhanging objects which, by reason of their location
above ground level, constitute a danger of falling on persons in the
vicinity thereof shall be repaired or removed.
J.
Cracks, projections or obstructions on paths, walks, driveways, parking
areas and other parts of the premises shall be repaired or removed.
K.
All holes, excavations, breaks, trenches, and digging left open shall
be appropriately filled and repaired or replaced.
The Building Inspector is hereby designated to administer and
to enforce this chapter.
A.
The Building Inspector is authorized to order, in writing, the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of this chapter. Upon finding
that any such condition or activity exists, the Building Inspector
shall issue a compliance order.
B.
The Building Inspector shall cause the compliance order, or a copy
thereof, to be served by at least one of the following methods:
(1)
Personal service upon the owner, tenant, occupant, managing agent
or person in control of the property or premises;
(2)
Mailing by registered or certified mail to the owner, as shown on
the last preceding assessment roll, tenant, occupant, managing agent
or person in control of the property or premises; or
(3)
Posting a copy of the compliance order upon the front portion of
the property or upon the main structure and mailing a copy of such
notice by certified or registered mail to the owner of the property
as shown on the last preceding assessment roll of the Town.
C.
The compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the Building Inspector;
(3)
Specify the condition or activity that violates this chapter;
(4)
Specify the provision or provisions of this chapter which is/are
violated by the specified condition or activity;
(5)
Specify that such violation must be corrected or abated within five
days of the date of service; and
D.
The date of service of a compliance order issued pursuant to this
section shall be the date of personal service or the date of mailing,
whichever is applicable.
E.
Property owners are not entitled to a series of multiple compliance
orders for repetition of the same or similar violations of this chapter.
For a period of one year after issuance of an initial compliance order,
the Building Inspector shall not be required to issue compliance orders
addressing an owner's repetition of the same or similar violation;
for instance, but not limited to, the failure to cut lawn areas before
exceeding a height of 10 inches. Instead, in such circumstances, the
enforcement provisions of this chapter may be applied without the
precondition of a compliance order.
A.
Any owner, tenant, occupant, managing agent or person in control of any property or premises which has been determined to be in violation of the requirements of this chapter shall cure, abate, correct or remove such violation, when ordered to do so by the Building Inspector, within five days of the service of written notice as provided in § 181-6, above.
B.
If the violation is not timely corrected or removed pursuant to the
compliance order, or if the violation is of a repetitive nature for
which issuance of a compliance order is excused and at least 24 hours'
advance notice is given by posting at the property, the Town or its
designees or agents, including private contractors, may enter the
property and cause the correction of the premises, including the removal
of violating materials or personal property if the property is vacant
and abandoned. If the property is vacant and abandoned, in carrying
out such correction the Town may elect, in its sole discretion, to
remove the violating materials from the property or the adjoining
public right-of-way and transport them to a suitable place of disposal.
Failure to correct or to remove materials in the nature of nuisance,
hazardous materials, solid waste, debris, litter, garbage or rubbish
pursuant to a compliance order or the aforesaid posted notice shall
constitute an admission by the owner(s), tenant(s), operator(s), or
other persons in control that the materials are abandoned and of no
value and that the Town may remove and dispose of them, and such failure
shall further constitute a waiver and release of any claims against
the Town for damage to or the value of the materials. Property need
not be vacant or abandoned for the Town to enter and to undertake
corrective measures that do not entail the removal and disposal of
violating materials or personal property.
C.
The owner, occupant, tenant, managing agent or person in control
of the property shall be responsible for reimbursing the Town of LaGrange
for the costs of the removal, abatement or correction of the violation.
Such costs shall include the necessary and reasonable attorneys'
fees incurred by the Town in prosecuting the violation. In the event
of failure to reimburse the Town for such costs, the following shall
apply:
(1)
The Town may seek recovery of such costs by action venued in a court
of appropriate jurisdiction, and the defendant(s) shall be responsible
for the reasonable and necessary attorneys' fees expended by
the Town in prosecuting such action.
(2)
Alternatively, and at the sole discretion of the Town, a default
in reimbursement of costs incurred by the Town shall be remedied by
charging such sums against the real property that is the subject of
the violation by adding that charge to, and making it a part of, the
next annual real property tax assessment roll of the Town. Such charges
shall be levied and collected at the same time and in the same manner
as Town-assessed taxes and shall be paid to the Town Comptroller,
to be applied in reimbursing the fund from which the costs were defrayed
for the corrective or abatement action. Prior to charging such assessments,
the owners of the real property shall be provided written notice,
to their last known address of record, by certified mail, return receipt
requested, of an opportunity to be heard before the Town Board and
object to the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
D.
The removal or correction of any violation by the Town of LaGrange
or its agents shall not operate to excuse such owner, tenant, occupant,
managing agent or person in control from properly maintaining the
property or premises as required by this chapter.
Whenever the Building Inspector, at any stage of the proceedings
instituted under the provisions of this chapter, finds that a violation
exists which, in his or her opinion, requires immediate action to
abate a direct hazard or immediate danger to the health, safety or
welfare of the occupants of a building or the public, he or she may,
without prior notice or hearing, issue an order citing the violation
and directing that such action be taken as necessary to immediately
remove or abate the hazard or danger. Such order may include an order
to vacate. Notwithstanding any other provision of this chapter, such
an order shall be effective immediately upon service and shall be
complied with immediately or as otherwise provided.
If any provision of this chapter is held invalid for any reason
by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining provisions of this chapter.
A.
A violation of this chapter or regulation is hereby declared to be
an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense; a fine not less than $350 and not exceeding $700 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a second
offense; a fine of not less than $700 and not exceeding $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction
of a third offense or any subsequent additional offenses. Each 24
hours during which a violation shall continue constitutes a separate
and distinct violation within the meaning of this chapter. However,
for the purpose of conferring jurisdiction upon courts and judicial
officers generally, violations of this chapter or regulations shall
be deemed violations and, for such purpose only, all provisions of
law relating to violations shall apply to such offenses.
B.
In addition to any other remedies set forth herein authorizing the
Town to enforce the provisions of this chapter, establishing penalties,
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $500 per day for
each day of the violation. If said civil fine is imposed, then the
alleged violator may appeal the imposition of the civil fine, or the
amount of the civil fine, to the Town Board, which shall dispose of
the appeal after public hearing.
C.
This chapter shall also be enforceable by action for injunctive relief
venued in Supreme Court, Dutchess County, and in the event the Town
prevails in obtaining injunctive relief, the defendant shall be responsible
for the Town's reasonable and necessary attorneys' fees.
This chapter, or any amendment thereto, shall not apply to impose
duties, liabilities, or obligations upon any state or federally chartered
bank, savings bank, savings and loan association or credit union (collectively
referred to in this section as a "lending institution") which is covered
by preemptions of local regulations stated within § 1308
of this state's Real Property Actions and Proceedings Law. However,
the provisions of this chapter, or any amendment thereto, shall apply
to such lending institutions to the extent not expressly preempted
by § 1308 of the Real Property Actions and Proceeding Law.
This chapter shall be reconciled with, and applied consistent with,
§§ 1308, 1309, and 1310 of the Real Property Actions
and Proceeding Law to the fullest extent possible, including but not
limited to the cumulative exercise of rights and remedies by the Town
against lending institutions to the extent allowed by those statutory
sections, and this chapter shall not be viewed as, or deemed to be,
an election of remedies in lieu of rights afforded to the Town under
those statutory sections.
