As used in this chapter, the following terms shall have the
meanings indicated:
ABANDON or ABANDONED
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:
A.
Overgrown or dead vegetation;
B.
Accumulation of newspapers, circulars, flyers, or mail;
C.
Past due utility notices, disconnected utilities, or utilities
not in use;
D.
Accumulation of trash, refuse, or other debris;
E.
Absence of window coverings such as curtains, blinds or shutters;
F.
One or more boarded, missing or broken windows;
G.
Openness to casual entry or trespass; or
H.
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.
GARBAGE
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.
HAZARDOUS MATERIAL
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.
NUISANCE
A.
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;
B.
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;
C.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the condition
exists;
D.
Unsanitary conditions, or anything offensive to the senses or
dangerous to health, in violation of this Code;
E.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings;
OWNER
The owner of record of a tract, lot, or parcel as stated
on the Town's last preceding assessment roll.
PERSON IN CONTROL
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.
RUBBISH
All combustible and noncombustible waste, except garbage.
SOLID WASTE, DEBRIS and LITTER
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.
UNOCCUPIED
Lack of habitual presence of human beings.
VACANT
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.
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.
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.