[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport 5-10-2011 by L.L. No. 2-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 43.
Fire prevention — See Ch. 60.
Recycling — See Ch. 94.
Streets and sidewalks — See Ch. 102.
Unsafe buildings — See Ch. 110.
Abandoned and junked vehicles — See Ch. 112.
Zoning — See Ch. 122.
[1]
Editor's Note: This local law also superseded former Ch. 89,
Property Maintenance, adopted 7-8-1997 by L.L. No. 1-1997.
Multifamily premises, commercial premises and single-family
residences shall be maintained in conformity with the provision of
this chapter. The purpose of this chapter shall be to:
A.
Provide for the public health, safety and welfare of the Village.
B.
Avoid, prevent and eliminate the maintenance or creation of hazards
to the public health and safety.
C.
Avoid, prevent and eliminate conditions which, if permitted to exist
or continue, will depreciate or tend to depreciate the value of adjacent
or surrounding properties.
D.
Prevent the creation, continuation, extension or aggravation of blight.
E.
Preserve property values in the Village.
F.
Prevent the physical deterioration or progressive downgrading of
the quality of housing facilities in the Village.
G.
Maintain the value and economic health of the commercial properties
and businesses that serve and help to support the Village and its
citizens.
H.
Prevent and eliminate physical conditions in or on property which
constitute nuisances and are thereby potentially dangerous or hazardous
to the life, health or safety of persons on or near the premises where
such conditions exist.
I.
Establish minimum standards governing the unattended growth of brush,
long grass, noxious weeds and other rank growths on private property
in the Village.
J.
Fix responsibilities and duties therefor upon owners, lessees, operators
and occupants of property.
K.
Regulate the maintenance, placement, sanitation and screening of
commercial and bulk refuse containers in such a manner as to reduce
to visual impacts, reduce odors, and eliminate potentially dangerous
health hazards to the public health.
L.
Regulate the placement of temporary bulk refuse containers in such
a manner as to reduce to visual impacts, preserve property values,
and eliminate potential hazards to the public health and safety.
M.
Provide for administration and enforcement of this legislation.
N.
Fix penalties for the violation of this chapter.
For the purposes of this chapter, the following terms shall
have the meanings indicated. Commonplace words, where not defined,
shall have commonly accepted meanings.
Bulk containers used for the purpose of collecting private
or public refuse for the subsequent disposal by Village or private
haulers. Including but not limited to dumpsters, roll-offs, grease
containers, recycling bins, trailers or vehicles. Bulk refuse containers
shall be differentiated from residential-type moveable refuse or waste
disposal containers.
Includes, but is not limited to, dumpsters, roll-offs, containers,
trailers or vehicles used on a temporary basis not exceeding a period
of 30 days.
A building, structure or land, together with any garage or
other accessory building and the lot upon which such buildings or
structures are constructed, used for any purpose other than for single-family
or multifamily purposes, including, but not limited to, premises used
for retail purposes, business purposes, lodging or industrial purposes.
Agricultural operations shall not be considered commercial premises.
Any commercial establishment, producing, processing, wholesaling,
warehousing, transporting, providing or retailing any food, including,
but not limited to, restaurants, groceries, meat and vegetable markets,
hotels, motels, bed-and-breakfast businesses, and other similar establishments.
Including but not limited to table cleanings; fruit, vegetable
and animal parings and scraps; decaying or spoiled vegetable, animal
and fruit matter.
Includes any and all rejected or waste household food, offal,
swill, kitchen refuse, and every refuse accumulation of animal, fruit
or vegetable matter, liquid or otherwise, that attends the preparation,
use, cooking and dealing in or storing of food, or meat, fish, fowl,
fruit or vegetable.
Garbage, refuse and rubbish as herein defined and all other
waste material which, thrown or deposited as herein prohibited, tends
to create a hazard to public health, safety and welfare.
Deemed to mean that all exposed exterior surfaces shall be
maintained free of broken or cracked glass, loose shingles or loose
or crumbling stones or bricks, loose shutters, railings, aerials,
excessive peeling paint or other condition reflective of deterioration
or inadequate maintenance. Said conditions shall be corrected by repair
or removal, all exposed exterior surfaces of structures not inherently
resistant to deterioration shall be coated, treated or sealed to protect
them from deterioration or weathering. Wood, masonry or other exterior
materials that will naturally resist deterioration do not have to
be treated but must be otherwise maintained in a sound, secure, workmanlike
manner. Exterior surfaces that have been painted or otherwise coated
must be maintained in a neat, orderly, serviceable manner. Every exterior
wall, roof, porch or appurtenance thereto shall be maintained in a
manner so as to prevent the collapse of the same or injury to the
occupants of the building or to the public.
Any building which contains more than one dwelling unit,
together with any garage or other accessory buildings and the lot
upon which such building or buildings are constructed.
Includes the owner, tenant, occupant, mortgagee or vendee,
sublessee, agent or any other person, firm or corporation, directly
or indirectly, in control of any premises, building or part thereof
or who is entitled to such control in preference of, but not necessarily
in exclusion of, all others.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street or yard cleanings,
dead animals, demolition and construction debris, vehicular parts,
offal and solid commercial and industrial wastes.
Garbage and trash cans, barrels or similar containers commonly
used for the purpose of storage or disposal of household garbage.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible materials such as papers, cardboard, bottles, cans,
yard clippings, discarded wood, grass, bedding, crockery, furniture,
power equipment, toys, bicycles, appliances or parts thereof and similar
other materials.
A building which contains one dwelling unit, together with
any garage or other accessory building and the lot upon which such
building or buildings are constructed.
Materials or substances discarded or rejected as being spent,
useless, worthless or in excess to the owner at the time of such discard
or rejection, except sewage.
A.
Unless otherwise stated, owners of premises, tenants, and other persons
as defined herein shall be responsible for compliance with the following
regulations:
(1)
The owner shall maintain all and every part of the premises, which
he or she owns, including the steps, walks, driveways and parking
areas in a clean, sanitary and safe condition and free from litter,
rubbish, refuse, solid waste, debris and junk and, except for public
improvements, in good repair.
(2)
Surface and subsurface water shall be drained to prevent damage to
buildings and structures and to prevent development of stagnant water.
Gutters, culverts, catch basins, drain inlets, and stormwater sewers
and sanitary sewers or other satisfactory drainage systems shall be
utilized. In no case shall the water from any rain leader be allowed
to flow over a sidewalk, driveway, public roadway or upon any adjoining
property.
(3)
Fences and retaining walls shall be maintained in a safe condition.
(4)
In the case of multifamily premises and commercial premises, steps,
walks, driveways, parking spaces and similar paved areas shall be
maintained so as to afford safe passage under normal use and weather
conditions. Within 24 hours after the cessation of snowfall, snow
shall be plowed or shoveled from all steps, walks, driveways used
or intended to be used by tenants, occupants, customers, invitees
or other members of the public.
(5)
No snow removed from driveways, walks or other public areas shall
be deposited upon the public streets or highways so as to unduly interfere
with the use of such streets or highways or with the use of any other
premises.
(6)
Dead or incurably diseased trees shall be taken down and the diseased
portion thereof removed or destroyed. Trees shall be kept pruned and
dead wood one inch or more in diameter shall be removed. Trees damaged
by wind, snow, ice or other acts of nature shall be pruned in order
to eliminate any hazard to persons or property.
(7)
Undergrowth and accumulation of plant growth which are noxious or
detrimental to health shall be eliminated or removed. Hedges and shrubs
shall be kept pruned or trimmed. Grass shall not be permitted to exceed
eight inches in height.
(8)
All permanent signs and billboards exposed to the public view which
are permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs that have become
excessively weathered, those upon which the paint has excessively
peeled or those whose supports have deteriorated so that they no longer
meet the structural requirements of the State Building Code, shall,
with their supports, be removed or put into a good state of repair.
All nonoperative or broken electrical signs shall be repaired or shall,
with their supports, be removed. Signs denoting a business which is
no longer on the premises shall be removed within 30 days of the date
on which the business ceases to occupy the premises.
(9)
Commercial bulk refuse and grease containers shall be located and
screened as to comply with the provisions of this chapter.
(10)
Commercial bulk refuse and grease containers shall be kept in a sanitary
condition in such a manner as to comply with the provisions of this
chapter.
(11)
Temporary bulk refuse containers shall be located in the manner prescribed
by this chapter, and for a period not to exceed 30 consecutive days.
(12)
Residential garbage containers shall be located, on any premises,
in the manner prescribed by this chapter.
B.
In addition, tenants and occupants of multifamily and commercial
premises shall be responsible for compliance with respect to the following:
(1)
Maintaining all and every part of the premises which they control
and to the extent they occupy or control the same, the steps, walks,
driveways and parking areas located in the front, rear or side of
said premises, in a clean, sanitary and safe condition and free from
litter, debris, refuse, rubbish, solid waste and junk.
(2)
Disposing of all litter, refuse, solid waste and rubbish in a clean
and sanitary manner.
(3)
Exterminating insects, rodents or other pests within that part of
the premises which they occupy and/or control.
A.
Permanent bulk containers used for the purpose of collecting residential
and or commercial refuse for the subsequent disposal by Village or
private haulers shall be further regulated as follows:
(1)
Refuse containers located on any lot or parcel for a period exceeding
30 days shall have permanent screening as described within this chapter.
(2)
Commercial, industrial, municipal, educational and multifamily residential
containing two or more units, both private and other, shall abide
by requirements as described within.
(3)
Residential single-family dwellings are exempt from screening refuse containers; however, the containers shall be located behind the front facade of the principal residence facing the street when not located at the curb for disposal, as per the provisions of Chapter 94 of the Village Code.
(4)
Permanent bulk containers shall not be located in any public thoroughfare
or right-of-way.
B.
Screening required. All permanent bulk containers shall be screened
in a manner prescribed as to provide complete obstruction of public
view from ground floor view points, public thoroughfares and rights-of-way.
(1)
Materials used shall be of a type to provide complete obstruction
of the public view from ground floor view points, public thoroughfares
and rights-of-way. Screening shall be opaque and may include shrubs,
walls and fencing which do not exceed eight feet in height and are
subject to Planning Board approval.
(2)
Where vegetative materials are used, the material shall form an opaque
screen of adequate size, at the time of planting, to screen container(s)
from public view. If vegetative screening is to be used, it must be
an evergreen variety and sufficient in type and density as to provide
year-round screening.
(3)
Screening shall be a maximum of eight feet in height for refuse containers.
The minimum size and/or minimum number of refuse enclosures shall
be sufficient to hold refuse and recycling containers of two cubic
yards in volume or more and grease containers of any size, and refuse
containers of typical residential-type cans.
(4)
Screening shall be sufficient to provide one-hundred-percent visual
concealment from any property or public thoroughfare as viewed from
ground level.
(5)
Bollards, concrete curbing, or similar structures shall be placed
inside the back wall of the enclosure to insure the enclosure as to
prevent any damage to the enclosure when being emptied by hauler.
(6)
There shall be a method to secure the enclosure door(s) open and
closed and the enclosure door must be kept closed when not in use.
(7)
Materials used for the construction of bulk container enclosures
and the overall appearance for bulk enclosures shall be in keeping
with the Village's historical significance and shall be compatible
in material and color and design with the principal structure on the
property.
(8)
All refuse containers shall be kept closed at all times, except when
loading. Lids, doors, gates and overall structure shall be tight and
in proper repair, as not to cause leakage, offensive odors or litter,
and provide one-hundred-percent visual concealment from typical ground
view.
(9)
All commercial refuse containers containing food wastes shall be
sanitized and deodorized regularly in order to prevent offensive odors
and prevent conditions that are hazardous to the public health. Refuse
containers containing decaying food wastes may be required to be emptied
more than once per week. Any such containers that are found to be
emitting offensive odors or are considered to be in a state hazardous
to the public health shall be emptied within 24 hours of a written
notice to comply with this section, by a hauler contracted by the
property owner.
(10)
Refuse containers that are filled to capacity or to the point that
the cover cannot be closed and secured shall be emptied within 24
hours by a hauler contracted by the property owner.
(11)
Maintenance of the enclosure and associated expenses shall be the
responsibility of the property owner.
(12)
All garbage deposited into a refuse container must be bagged and
boxes must be collapsed.
C.
Temporary bulk containers, used for a period of time not to exceed
30 days, during construction, renovations, remodeling or demolition
debris.
(1)
Temporary bulk containers may not be located in a public thoroughfare
or right-of-way.
(2)
Temporary bulk containers shall not be placed on any premises, parcel
or property for a period of time exceeding 30 consecutive days and
shall be removed within 24 hours of a written notice to comply with
this section.
A.
The Code Enforcement Officer or other duly appointed enforcement
officers or officials of the Village of Hammondsport shall be charged
with the duty of administering and enforcing this chapter.
B.
It shall be the duty of the Code Enforcement Officer to issue a notice
of violation or to order, in writing, and require the correction of
all conditions found to exist in or on any premises, within the period
defined, which violate the provisions of this chapter.
C.
Any person or persons who are or lawfully authorized by the Village
of Hammondsport shall administer and enforce the provisions of this
chapter and for these purposes shall have the authority to issue summonses
or appearance tickets. Should any person, upon receipt of any written
notice of violation, fail to mitigate the stated violation within
the period described in said notice, it shall be the duty of the Code
Enforcement Officer to issue a summons directing the person to appear
before a court having jurisdiction over such offense.
D.
Should any person fail to comply with the requirements of this chapter,
the Village of Hammondsport Code Enforcement Officer shall have the
power to remedy the violations, and the expense thereof shall be charged
to the property so affected by including such expense in the annual
tax levy against the property, pursuant to the Village Law of New
York State.
Any person, upon conviction of a violation of this chapter,
shall be fined an amount not to exceed $100 for the first offense
and an amount not to exceed $200 for the second or any subsequent
offense reoccurring within a twelve-month period. In addition, such
person shall be subject to imprisonment for a term not exceeding 15
days for each offense, or both such fine and imprisonment. The continuation
of any offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder. However, for the purpose of conferring jurisdiction upon
court and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations.
A.
Whenever the Code Enforcement Officer finds that an emergency exists
which requires immediate attention to protect the public health or
safety, he may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring that such action be
taken as he deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall take effect
immediately.
B.
Any person to whom such order is directed shall immediately, or shall
within 24 hours of the issuance of the order, comply therewith.
All ordinances, local laws or resolutions or parts of ordinances,
local laws or resolutions of the Village of Hammondsport which are
inconsistent with the provisions of this chapter are hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency and that, in all respects, this chapter shall be
in addition to the other legislation regulating and governing the
subject matter covered by this chapter and the provision which establishes
the highest standard shall prevail.
If any section, paragraph, subsection or provision of this chapter
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this chapter as a whole, or any part or
provision thereof, other than the part so decided to be invalid or
unconstitutional.
This chapter shall take effect immediately upon the filing in
the office of the Secretary of State of the State of New York.
