[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.
[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.Â
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Approved by the Code Enforcement Officer.
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.
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.")
Something that impairs or destroys; an impaired condition;
to cause to deteriorate, ruin.
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.
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.
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.
A building containing not more than two dwelling units occupied
exclusively for residential uses.
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.
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.
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.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one household.
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.
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.
Food wastes; refuse; the worthless or useless part of something;
leavings; trash; market wastes; and wastes from the handling, storage
and sale of produce.
Fully operable for the use intended.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
The presence, within or contiguous to a structure or premises,
of insects, rats, vermin or other pests.
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.
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]
The person in possession or control of premises or using
the premises.
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.
A lot, plot or parcel of land, including the building or
structures thereon.
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.
Includes the following:
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.
Any premises that have unsanitary sewerage or plumbing facilities.
Any premises designated as unsafe for human habitation.
Any premises that are manifestly capable of being a fire hazard
or is manifestly unsafe or unsecured so as to endanger life or property.
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.
Any premises that are unsanitary or that are littered with rubbish
or garbage or that have an uncontrolled growth of weeds; and/or
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.
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.
An assembly of material forming a construction; framed or
component structural parts for occupancy or use, including buildings.
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.")
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.
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]
B.Â
Debris; garbage; junk; refuse; rubbish; trash.
(1)Â
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)Â
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.Â
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.Â
Appliances.
(1)Â
Appliances manufactured for the purpose of indoor use shall not be
stored or operated out of doors in an uncovered location.
(2)Â
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.Â
Unlicensed vehicles and repairs.
(1)Â
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)Â
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.
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.Â
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.Â
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.Â
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.Â
Action by Village. The Village shall have the authority to remedy
the violation by performing work via Village employees or contractors
or by hiring an outside contractor. In either case, the person performing
the work shall have the authority to repair, remove, maintain the
building or surrounding property, or use other appropriate means to
bring the property into compliance.
[Amended 6-17-2019 by L.L. No. 2-2019]
C.Â
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 that the Village performs the work, the cost shall,
at the Village's option, be equal to either the cost that would
have been charged had it been performed by a contractor, plus 25%
or an amount established by Board resolution. In the event that the
fees are not paid within 30 days, the Village may add those amounts
to the real property tax bill.
[Amended 6-17-2019 by L.L. No. 2-2019]
D.Â
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.
