[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 9-21-2011 by L.L. No.
24-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 159.
A.
The Town Board of the Town of Poughkeepsie hereby declares that it
is necessary for the health, safety, appearance and general welfare
of the public, the residents of the Town of Poughkeepsie, and the
owners of real property located within the Town of Poughkeepsie to
provide a method of assuring that the lawns of occupied properties
within the Town are properly maintained.
B.
Occupied properties which are not properly mowed may serve as an
attractive nuisance, may result in injuries therein, may be a point
of congregation by vagrants and transients, and may attract rodents
or insects.
C.
Occupied properties which are not properly mowed tend to diminish
or lessen the appearance thereof and detract from the appearance of
adjoining properties, which may lead to the progressive deterioration
of a neighborhood.
D.
It is further found and declared that if occupied properties are
not regularly mowed, the aforesaid conditions will grow and spread
and will necessitate in time the expenditure of large amounts of public
funds to correct and eliminate the same, and that by reason of timely
regulations and restrictions as herein contained, the growth of blight
may be prevented, and the desirability and amenities of neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure which is built upon the land and has one or
more floors and a roof supported by walls or columns and is intended
for the shelter, housing or enclosure of persons, animals or chattel.
The Building Inspector of the Town of Poughkeepsie or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
To expose to danger or harm.
A plot of grass which is usually and customarily tended and
mowed, such as around a residence or in a park or estate.
Land that is occupied, or to be occupied, or capable of being
occupied, by principal and accessory buildings, and principal and
accessory uses, and that may include open space or open spaces.
A lot(s), parcel(s), building(s), or structure(s) in which
a variety of residential and/or nonresidential uses are located within
a complementary and integrated design.
A person who lawfully uses and maintains a physical presence
at a property either continually or intermittently.
A structure or premises on which there is a habitual and
regular presence of one or more persons.
A person or company that manages a lot or parcel or any activity
located thereon.
The owner of record of a tract, lot, or parcel.
The owner, the attorney for the owner, the trustee in bankruptcy,
a referee of foreclosure or a real estate broker or any other person
exercising implied or express control of the premises.
Anything constructed or erected, the use of which requires
location on, in or under the ground or attached to something having
location on the ground.
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
The structure which houses the use permitted under the zoning classification in accordance with the zoning district regulations as set forth in Chapter 210.
A person occupying or entitled to occupy a residential rental
premises who is a party to the lease or rental agreement for such
premises, whether written or oral.
Lack of habitual presence of human beings.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A.
This chapter shall apply to the following properties:
(1)
Occupied lots, plots or parcels of land, which are one acre or less
in size, including those on which residential, nonresidential, and
mixed-use buildings are located.
(2)
Occupied principal and accessory buildings and structures used for
or intended to be used for residential, nonresidential, and mixed
uses or occupancies.
B.
Every building, structure or use, and the premises on which it is
situated, which is occupied for or intended to be occupied for residential
or nonresidential or mixed-use occupancy shall comply with the provisions
of this code, whether or not such building, structure or use shall
have been established, constructed, altered or repaired before or
after the enactment of this chapter, and irrespective of any permits
or licenses which shall have been issued for the use or occupancy
of the buildings, structures or premises for the use, occupancy, construction
or repair of the building or structure, or for the installation or
repair of equipment or facilities, or for the installation or repair
of accessory structures and improvements prior to the effective date
of this code. This code establishes minimum standards for the initial
and continued occupancy and use of all such buildings and structures
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of the buildings, structures,
equipment or facilities contained therein.
C.
The provisions of this chapter shall supplement the local laws, codes
and regulations of the Town of Poughkeepsie. When a provision of this
chapter is found to be inconsistent with any provision of any other
local law, code or regulation of the Town, the provision or requirement
which is the more restrictive or which establishes the higher standard
shall prevail. A greater penalty shall not be considered as more restrictive
or a higher standard.
D.
After the date of enactment hereof, all licenses, permits, and approvals
of any agency or board of the Town shall be deemed to be issued conditionally
upon compliance with this chapter as well as compliance with the local
law, code or regulation under which such license, permit or approval
is granted.
E.
No license, permit, approval, other certification of compliance with
this chapter shall constitute a defense against any violation of any
other local law, code or regulation of the Town of Poughkeepsie applicable
to any structure or premises, nor shall any provision herein relieve
any owner or operator from complying with any such other provision
or with the order of any official of the Town.
The owner, or occupant, or tenant, or operator, or person in
control as the case may be, of any occupied building or premises within
the Town of Poughkeepsie shall comply with the following: Lawns shall
be kept trimmed to a height of no greater than 12 inches.
A.
On any residential, nonresidential or mixed-use premises, any owner, tenant or occupant or person in control of any premises which has been determined to be in violation of this chapter shall cure or remove such violation when ordered to do so by the Zoning Administrator, a member of the Police Department, Fire Inspector or assistant, Building Inspector or subordinate with code enforcement authority, or Superintendent of Highways or designee, within five days of the service of written notice as provided in Subsection B below.
B.
All written notices under this section shall either be served on
the owner, tenant or occupant or person in control of any property
located within the Town of Poughkeepsie and by mailing a copy of such
notice by certified mail to the owner, tenant or occupant or person
in control of the property as shown on the current assessment records
of the Town, or by posting a copy of such violation notice upon the
front portion of the property or upon the main structure and by mailing
a copy of such notice by certified mail to the owner of the property
as shown on the current assessment records of the Town.
In addition to any other remedies set forth herein authorizing
the Town to enforce the provisions of this chapter, establishing penalties,
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $1,000 per day
for each day of the violation. If said civil fine is imposed, then
the alleged violator may appeal to the Town Board.
A.
Upon the failure of an owner, tenant or occupant or person in control
with notice to correct a condition complained of, the Town Board shall
hold a public hearing. The public hearing shall be held upon notice
published in the official paper, posted conspicuously on the affected
property and, if obtainable, forwarded to the last known address of
the property owner, as it appears on the current assessment records
of the Town, by certified mail, return receipt requested. Posting,
forwarding and publication shall be made not less than 10 days prior
to the date of the public hearing.
(1)
At the close of the public hearing provided by Subsection A, the Town Board shall consider whether the failure of the owner, tenant or occupant to comply with this chapter of the Town Code results in a threat to the public health, safety or welfare; and
(2)
If the Town Board finds that there is a threat to the public health,
safety or welfare, the Town Board shall determine the area of the
lawn necessary which must be mowed in order to abate the threat to
the public health, safety or welfare (hereinafter referred to as "the
necessary area").
B.
If the Town Board, after a public hearing as provided by Subsection A, finds that there is a threat to the public health, safety or welfare, it may cause and continue to cause the mowing of the necessary area, upon the failure, or the continued failure, of such owner, tenant or occupant to comply with any requirements and/or conditions of the Town Board. Said mowing may be performed by the Town of Poughkeepsie or by its designee, or agent, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of mowing and assess such expense against the record owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
C.
Mowing by the Town of Poughkeepsie or its agents shall not operate
to excuse such owner, tenant or occupant from mowing the premises
as required by this chapter, and such owner, tenant or occupant shall,
notwithstanding such action by the Town, be subject to any other penalties
as provided for herein.
A.
Whenever the Zoning Administrator or Building Inspector, or Fire
Inspector at any stage of the proceedings instituted under the provisions
of this code finds that a violation of this code exists which, in
his 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 of the public, he may, without prior notice or hearing,
issue an order citing the violation and directing that such action
be taken by the owner, tenant or occupant, or person in control as
is necessary to remove or abate the hazard or danger immediately or
within a specific time contained in the notice.
B.
Upon the failure of the owner, tenant or occupant or person in control
to comply, the Zoning Administrator or Building Inspector, or Fire
Inspector, may direct the remediation of the hazard or danger by the
Town, or its agent, which may include a private contractor. Such order
may include an order to vacate. Notwithstanding any other provision
of this code, such an order shall be effective immediately upon service
and shall be complied with immediately or as otherwise provided. Any
emergency remediation undertaken by the Town shall be limited to the
area necessary to abate the direct hazard or the immediate danger
to the public health, safety or welfare.
C.
If the Town wishes to assess the cost of the proceeding and the cost of the remediation, including any additional or continuing remediation which may be required, against the record owner of the property, it may, within 45 days after the hazard or danger has been remediated by the Town or its agent, as provided in Subsection B, above, thereafter hold a public hearing. The public hearing shall be held upon notice published in the official paper, posted conspicuously on the affected property and, if obtainable, forwarded to the last known address of the property owner, as it appears on the current assessment records of the Town, by certified mail, return receipt requested. Posting, forwarding and publication shall be made not less than 10 days prior to the date of the public hearing. After the public hearing, the Town Board may assess against the record owner of the property the cost incurred by the Town to remediate the hazard or danger. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
D.
Any remediation undertaken by the Town or its agents shall not operate
to excuse such owner, tenant or occupant from properly maintaining
the premises as required by this chapter, and such owner, tenant or
occupant shall, notwithstanding such action, be subject to any other
penalties as provided for herein.
No owner of any building, structure or other premises upon which
any notice or order pursuant to this code has been served shall sell,
transfer, grant, mortgage, lease or otherwise dispose of such property
to another until compliance with the provisions of such notice or
order has been secured; or until such owner shall furnish to the purchaser,
transferee, grantee, mortgagee, or lessee, prior to such sale, transfer,
grant, mortgage, or lease, a true copy of such notice or order and,
at the same time, give adequate notification to the Zoning Administrator,
Building Inspector, or Fire Inspector of his intent to sell, transfer,
grant, mortgage or lease, and supply to the Zoning Administrator,
Building Inspector, or Fire Inspector, in writing, the name and address
of such person, persons, or firm to whom or to which the sale, transfer,
grant, mortgage or lease is proposed. A purchaser, transferee, grantee,
mortgagee, or lessee who has been informed of the existence of any
notice or order issued pursuant to the code shall be bound thereby.
A.
If any provision, paragraph, word, section or article of this chapter
is invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words, sections and articles shall not be
affected and shall continue in full force and effect.
B.
All other chapters, ordinances or local laws and any parts thereof
which are inconsistent or conflict with any part of this chapter are
hereby repealed to the extent of any inconsistency or conflict.
