Village of Bath, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Bath 5-22-2000 by L.L. No. 1-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 40.
Garbage, rubbish and refuse — See Ch. 63.
Mobile homes — See Ch. 72.
Abandoned refrigerators — See Ch. 87.
Streets and sidewalks — See Ch. 97, Art. IV.
[1]
Editor's Note: This chapter was adopted as Ch. 120 and renumbered to reflect the alphabetical organization of the Code.
This chapter provides standards governing the facilities and the condition, use, occupancy, and maintenance of all residential and nonresidential properties, to safeguard the safety, health and welfare of the occupants and users thereof.
This chapter shall be applicable to all properties, residential and nonresidential, and structures thereupon, including but not limited to accessory structures, pools, fences, poles used for equipment, satellite dishes and signs. Any property which shall be made nonconforming with this code shall be brought into compliance within one year of the date of enactment of this chapter.
A. 
The Village of Bath has adopted the Building Code of the State of New York, including the Property Maintenance Code. The provisions in said code shall govern property conditions. In addition, other provisions in this chapter shall apply.
B. 
The Code Enforcement Officer, or his designee, shall have the authority:
(1) 
To enforce the provisions set forth in this chapter.
(2) 
To issue violation notices to require compliance.
(3) 
To cause remedial action in case of noncompliance.
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED
Approved by the Code Enforcement Officer.
BASEMENT
That space of a building that is partly below grade which has more than half its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
BATHROOM
Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. (See definition of "toilet room.")
BLIGHT
Something that impairs or destroys; an impaired condition; to cause to deteriorate, ruin.
BUILDING
A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals and/or property.
CODE ENFORCEMENT OFFICER
The officer appointed by the Trustees of the Village of Bath who is charged with the enforcement of this code, or any duly authorized representative.
CONSTRUCTION DEBRIS
Discarded building material, concrete, stones, earth from excavations or grading and all other refuse resulting from the erection, repair, demolition or other improvement of property.
DWELLING
A building containing not more than two dwelling units occupied exclusively for residential uses.
A. 
One-family dwelling: building arranged for one dwelling unit.
B. 
Two-family dwelling: building arranged for two dwelling units.
A. 
A building containing three or more dwelling units; a building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; a building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants; a building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority or for similar uses; a building used or occupied as an old-age home or community residence.
B. 
A building containing three or more dwelling units with shared or individual entrances and/or other essential facilities and services. These terms shall not be deemed to include motels, hotels, rooming houses or other accommodations used for more or less transient occupancy.
C. 
A building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one household.
EXPOSED TO PUBLIC VIEW
Any premises or open space, or any part thereof, or any building or structure that may be lawfully viewed by any member of the public from a sidewalk, street, alleyway or from any adjoining or neighboring premises.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by any other recognized and legal post elimination methods.
GARBAGE
Food wastes; refuse; the worthless or useless part of something; leavings; trash; market wastes; and wastes from the handling, storage and sale of produce.
GOOD WORKING CONDITION
Fully operable for the use intended.
GOOD WORKING REPAIR
A standard of maintenance that renders a building safe, habitable and possessed of a neat and orderly appearance.
INFESTATION
The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
JUNK
Any old, discarded or unused waste iron or other metal or substance, glass, paper, used lumber, rags, machine parts, accessories, machinery, machines, used parts of motor vehicles and any material commonly known and generally referred to as "junk" in the ordinary and accepted meaning of the word.
MOTOR VEHICLE
A device having the same meaning as provided in § 125 of the Vehicle and Traffic Law of the State of New York.
[Added 2-17-2004 by L.L. No. 1-2004]
OCCUPANT
The person in possession or control of premises or using the premises.
OWNER
The owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building.
PREMISES
A lot, plot or parcel of land, including the building or structures thereon.
PRIVACY
The ability of a person or persons to carry out an activity without an interruption or interference, either by sight or sound, by other persons not engaged in the activity.
PUBLIC NUISANCE
Includes the following:
A. 
Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures.
B. 
Any premises that have unsanitary sewerage or plumbing facilities.
C. 
Any premises designated as unsafe for human habitation.
D. 
Any premises that are manifestly capable of being a fire hazard or is manifestly unsafe or unsecured so as to endanger life or property.
E. 
Any premises from which the plumbing, heating or facilities by applicable codes have been removed or rendered ineffective, or the required precautions against trespassers have not been provided.
F. 
Any premises that are unsanitary or that are littered with rubbish or garbage or that have an uncontrolled growth of weeds; and/or
G. 
Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
A. 
Putrescible and nonputrescible solid waste consisting of organic or nonorganic materials, but shall not include human or animal body waste.
B. 
All cardboard, plastic material or glass containers, wastepaper, rags, sweepings, pieces of wood, rubber and like waste material.
RUBBISH
Useless waste or rejected matter; noncombustible waste material. The term shall include the residue from the burning of wood, coal and coke and also tin cans, metals, mineral matter, glass, crockery and minerals.
STRUCTURE
An assembly of material forming a construction; framed or component structural parts for occupancy or use, including buildings.
TOILET ROOM
Enclosed space containing one or more water closets which may also contain one or more lavatories, urinals and other plumbing fixtures. (See definition of "bathroom.")
TRASH
Useless waste or rejected matter; noncombustible waste material. The term shall include the residue from the burning of wood, coal and coke and also tin cans, metals, mineral matter, glass, crockery and minerals.
VEHICLE
A device having the same meaning as provided in § 159 of the Vehicle and Traffic Law of the State of New York.
[Added 2-17-2004 by L.L. No. 1-2004]
A. 
Vegetation; noxious weeds and grass; landscaping.
(1) 
Vegetation shall not block pedestrian access, visibility of motorists, allow harborage of animals, or prevent proper maintenance of a property.
(2) 
Weeds and grass shall not be allowed to grow more than 12 inches in height.
B. 
Debris; garbage; junk; refuse; rubbish; trash.
(1) 
No person shall cause the depositing of debris, garbage, junk, refuse, rubbish or trash on any private or public property other than for the sole purpose of removal. Removal shall be made within 48 hours of depositing said items.
(2) 
Trash enclosures shall be provided for all residential properties that have three or more dwelling units. Covered receptacles to contain the trash shall be used.
C. 
Furniture. Furniture manufactured for the purpose of indoor use shall not be stored or used outside. Furniture deposited at curbside for the sole purpose of removal shall be removed within 48 hours of depositing said items.
D. 
Appliances.
(1) 
Appliances manufactured for the purpose of indoor use shall not be stored or operated out of doors in an uncovered location.
(2) 
Refrigerators and freezers which are located outdoors shall be located under covered porches located at the rear of the property and shall have the doors secured or locked against entry. Nonoperating refrigerators shall be hauled from the site within seven days.
E. 
Unlicensed vehicles and repairs.
(1) 
Motor vehicles that are unlicensed shall not be stored out of doors in any district where a dwelling is a permitted principal use, except that this section shall not apply to any full-time active-duty serviceman or servicewoman in the Armed Forces of the United States while stationed outside of Steuben County, New York.
[Amended 2-17-2004 by L.L. No. 1-2004]
(2) 
Repairs to motor vehicles, recreational equipment, and household items shall be performed in the rear yard. If there is no access to the rear yard, the side yard may be used. Repaired item shall not be left in disrepair for more than seven days. Minor repairs not lasting more than 24 hours in duration may be performed in the front of the property.
F. 
Yard sales.
(1) 
Any residential property may hold periodic yard sales of not more than 72 hours' duration.
(2) 
No more than two yard sales, household sales, garage sales, moving sales, rummage or like sales may occur on any parcel of real property during the course of any calendar year.
The owner of the property is responsible for compliance with this chapter. Where the Village can establish that the violator is other than the owner, that person(s) may also be held responsible for the violation.
A. 
The Code Enforcement Officer shall respond, by inspection, to any bona fide complaint or personal observation, and shall make notice to the responsible party. Notice may be verbal or in writing. Written notices may be personally delivered, affixed to property, or mailed to the responsible party.
B. 
Appeals. Any aggrieved party may file an appeal with the Village Board by contacting the Village Clerk's office. The aggrieved party must show evidence that the violation did not occur, or that the violation is unreasonable and capricious. If said appeal is denied, the violation must be corrected within the same time frame as originally required.
A. 
Remedies. The responsible party shall remedy the violation within the allowed time. Failure to remedy the violation or to respond shall cause the Village to take action to remedy the violation.
B. 
Action by Village. The Village shall have the authority to remedy the violation by hiring an outside contractor to repair, remove, maintain the building or surrounding property, or other means to bring he property into compliance.
C. 
Recovery of costs. The Village shall require payment from the property owner for the cost to remedy the violation, plus 25% for administration fees. In the event the fees are not paid within 30 days, the Village may add those amounts to the real property tax bill.
D. 
Persistent violations. The third or subsequent violation notices issued to the same responsible party within five years shall be deemed persistent violations and subject the responsible party to judicial action. Upon a conviction or finding by the court of a violation, the responsible party shall be subject to a fine of not less than $50 and not more than $500 in addition to any other remedies permitted herein.