City of Olean, NY
Cattaraugus County
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Table of Contents
Table of Contents
CROSS REFERENCES
Definitions and rules of construction generally, § 1-2.
Animals, ch. 5.
Dangerous buildings, § 6-236 et seq.
Environmental control, ch. 8.
Health and human services, ch. 10.
Housing code, ch. 12.
Junk dealers license, § 13-141 et seq.
License to operate junkyards, § 13-201 et seq.
Noise, ch. 15.
Solid waste, ch. 20.
Trees and shrubs, § 21-56 et seq.
Water, sewer and sewage disposal, ch. 27.
STATE LAW REFERENCES
Authority to legislate for the public peace, health, safety and welfare, General City Law § 20(13).
[Code 1971, § 14-1]
When any lot or any part of any lot or excavation on any land in the City shall, from any cause whatever, become, in whole or in part, the repository of stagnant water, or of any decaying or offensive substance, liquid or solid, it shall be the duty of the owner, lessee, or agent of such owner, if so ordered by the building inspector to cause such lot, part of lot, or premises to be filled with clean dirt, earth, or ashes, or other sanitary or inoffensive substances, or cause the proper drainage of the area, or both, within 10 days as given in a written notice from the building inspector.
[Code 1971, § 14-2; Res. No. 98-90, §§ A—F, 7-24-1990; Res. No. 107-04, 10-26-2004; Res. No. 54-07, 7-24-2007]
(a) 
Owner's responsibility. It is hereby declared to be a nuisance for any owner of lands within the City to fail to cut or cause to be cut down all Canadian thistle, milkweed, sweet clover, or other noxious weeds growing on the land of such owner. It shall be the duty of such owner of the land to cut such weeds or cause to be cut, in each year, between June 1 and July 1, and so often as shall be sufficient to prevent the noxious weeds from going to seed.
(b) 
Height requirements. It is hereby declared to be a nuisance, and it shall be the duty of the owner of lands within the City to cut or cause to be cut, as required, the grass and weeds in such a manner that the weeds and grass shall not exceed eight inches in height at any time between May 1 and October 15 of each year.
(c) 
Enforcement; notice; lien. The Code Enforcement Office shall have the authority and power to enforce such ordinance and shall notify the owner of the lands affected in the event of a violation. The notice shall be in writing and shall be personally delivered or mailed to the owner of the lands by regular mail, and a hang tag with such notice placed on the door of the property. The notice shall specify the violation and inform the person to whom it is mailed that such person has five days from the receipt of the notice to remedy the defect, or the city will cut or cause to be cut all Canadian thistle, milkweed, sweet clover, other noxious weeds, and/or all weeds and grass exceeding eight inches in height with the cost thereof to be charged as a lien to the premises. The owner may be charged with an offense for violating this section.
[Amended 3-25-2014 by Res. No. 18-14]
(d) 
Owner's failure to remove; city abatement procedure; hearing. If, after five days after the notice is personally delivered or mailed, and placed on the door of the property as provided for in Subparagraph (c), the owner of the land fails to cut, or cause to be cut, all Canadian thistle, milkweed, sweet clover, other noxious weeds, and/or all weeds and grass exceeding eight inches in height, from the lot within five days after the receipt of notice from the Code Enforcement Officer, the Code Enforcement Officer may thereafter arrange for the mowing of the premises and the property owner shall be charged with the cost thereof, as provided in this section. Within 30 days of the completion of the work by the City, a notice advising the owner of the property of the cost of such work shall be sent to the property owner who shall have seven days to make a written request for a hearing before the Code Enforcement Officer or his designee. If a hearing is requested, the Code Enforcement Officer shall mail a notice of the time and place of such hearing to the owner of lands within the city by regular mail. Notice of hearing shall set a time and place for the hearing which will be not less than six or more than 10 days from the date of mailing of the notice of hearing required under this section. The code enforcement officer or his designee shall hold a hearing at the time and place set forth in the notice of hearing.
[Amended 3-25-2014 by Res. No. 18-14]
(e) 
Following the hearing, the code enforcement officer or his designee shall make written findings of fact. If it is concluded that this section has been violated, or if there shall have been no request for a hearing made by the owner, the amount provided by subsection (f) of this section shall be charged the owner, become a lien on the affected property, and shall be added to and included with all subsequent tax bills until paid, commencing with the tax bills on May 1, following completion of the work. A notice of this amount shall be sent to the owner of the land and the City Clerk. The City Clerk shall not accept the City tax on the parcel affected under this section, unless the special lien created pursuant to this section is paid at that time and place.
(f) 
The code enforcement officer shall keep separate account of all such work done on lots within the City and shall forward such account to the City Clerk, who shall file the lien in accordance with City policies and procedures. The charges levied by the City for any such work shall be a minimum of $50 or such greater amount actually expended by the City. There shall be an administrative fee of a minimum of $50 and not to exceed $250 above all other fines, fees, expenses and charges to cover any costs the City incurred.
[Res. No. 32-13, 5-28-2013]
[Code 1971, § 18-7; Res. No. 123-93, 9-15-1993]
(a) 
No person shall cause any vehicle to be abandoned within the public streets of the City.
(b) 
A motor vehicle shall be deemed to be an abandoned vehicle under the circumstances described in Vehicle and Traffic Law § 1224. Such vehicles shall be impounded and disposed of in the manner described in such statute.
(c) 
For violation of the provisions of this section there shall be a fine of at least $250, not to exceed $1,000.
[1]
Editor’s note: Res. No. 10-00, adopted March 14, 2000, amended article II §§ 16-26, 16-27, in their entirety. Formerly, said sections pertained to similar subject matter. See the Code Comparative Table.
[Code 1971, § 16-83; Res. No. 10-00, 3-14-100]
As used in this article, "inoperable motor vehicle" means any motor vehicle that:
(a) 
Is without license plates for a period of more than 24 hours; or
(b) 
Fails to display a current registration for a period of more than 24 hours; or
(c) 
Fails to display a current inspection certification for a period of more than 24 hours; or
(d) 
Is in the state of major disassembly, disrepair, or in the process of being stripped or disassembled for a period of more than 24 hours.
[Code 1971, § 16-84; Res. No. 10-00, 3-14-100]
It shall be unlawful for any person, firm, or corporation, either as owner, occupant, lessee, agent, tenant, or otherwise, of property within the City to store or deposit, or cause or permit to be stored or deposited, an inoperable motor vehicle, or part of piece thereof, on any private property within the City unless:
(1) 
Such motor vehicle is stored or deposited on premises legally used and operated as a junkyard, automobile repair shop, or automobile sales; or
(2) 
Such motor vehicle is:
a. 
Stored or deposited in a completely enclosed building;
b. 
Is completely covered by a custom or ready-fitted cover designed and manufactured to cover motor vehicles, such cover to be of a material commonly used for the purposed of covering motor vehicle, and maintained in good condition and repair;
(3) 
Such motor vehicle is under repair, construction, or refurbishing by the owners thereof, who must actually be residing on the premises; not more than one such motor vehicle must be so maintained and protected as not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises more than 15 days in any twelve-month period of time; or
(4) 
An owner actually residing on the premises where such a motor vehicle is stored has applied for and obtained a permit to repair, reconstruct, or refurbish such motor vehicle. Written applications to permit such work shall be made to the fire chief or his designee on forms provided by him. The enforcement officer, upon approving the application, shall issue a permit. The permit shall be valid for a period of 30 days from its date of issuance and shall not be renewed. Only one permit shall be issued to an owner of any motor vehicle in any twelve-month period of time. Upon the filing of an application for a permit under the provisions of this subsection, a filing fee of $5 shall be payable. The enforcement officer shall maintain a permanent record of all matters considered and all action taken by him under this article.