[HISTORY: Adopted by the Town Board of the
Town of Evans 5-17-2000 by L.L. No. 5-2000;[1] amended in its entirety 11-5-2008 by L.L. No. 8-2008.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 70.
Unsafe buildings — See Ch. 74.
Rental or unoccupied premises — See Ch. 158.
Solid waste — See Ch. 168.
[1]
Editor's Note: This local law, adopted as
Ch. 190, was renumbered to maintain the alphabetical organization
of the Code.
Pursuant to the authority conferred by Article
2 of the Municipal Home Rule Law of the State of New York, and for
each and every purpose specified therein, the Town Board of the Town
of Evans, County of Erie and State of New York, has ordained and does
hereby enact the following chapter regulating property maintenance
and restricting the use and disposal of abandoned automobiles, garbage
and refuse within said Town.
This chapter shall be known and cited as the
"Property Maintenance Law of the Town of Evans, New York."
This chapter is enacted in recognition of the fact that junk vehicles, garbage and refuse that is abandoned or stored on private property, or unsafe and deteriorated structural or property conditions, can constitute both a public and private nuisance. Such items present a potential danger to residents and children and are unsightly. Their existence depreciates not only the property on which they are located, but also the property of other persons in the neighborhood and Town in general. It detracts from a clean, wholesome and attractive environment and is injurious to the welfare of the Town as a whole, making it a less pleasant place in which to live and do business. The intent of this chapter is to establish basic and uniform property maintenance standards and a legal procedure for the removal of the junk vehicles, garbage and refuse where they occur in the Town. (Also see Chapters 74 and 158 of the Town Code.)
As used in this chapter, the following terms
shall have the meanings indicated:
Any motor vehicle that the owner thereof does not intend
to use on public highways. The intent of the owner shall be determined
by the physical condition of the motor vehicle, any statements as
to its abandonment, whether the motor vehicle is currently inspected
and other relevant facts. With respect to a motor vehicle not required
to be inspected or motor vehicles not usually used on public highways,
the intent of the owner shall be determined by the length of time
since it was last used for the purposes intended and statements as
to its abandonment and other relevant facts.
A structure, permanent or temporary, wholly or partially
enclosed within exterior walls, or within exterior or party walls,
and a roof, affording shelter to persons, animals or property.
Any tree or any part thereof which is either dead, diseased,
decayed or, due to other causes, is in such a state that there exists
a clear and present danger of said tree or any part thereof falling
due to natural causes so that the free and lawful usage of public
highways could be impaired or endangered, or so that a structure or
building located on lands adjoining the premises on which said dangerous
tree is located could be damaged should the dangerous tree fall, or
so that any person lawfully in the vicinity of said dangerous tree
could receive bodily injury from the same should the dangerous tree
fall.
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of or any motor vehicle the owner of which cannot be found after due
and reasonable inquiry.
The Building Inspector of the Town, unless the Town Board,
by resolution, designates some other Town officer as enforcement officer
or by resolution establishes the position of Enforcement Officer for
the Town and appoints some qualified person thereto at a salary specified
in such resolution.
Waste, secondhand or used materials of whatever composition.
Any motor vehicle, whether automobile, bus, truck, tractor,
mobile home or any other vehicle, originally intended for travel on
the public highways, as well as, and including, but not limited to,
any lawn tractor, farm tractor, snowmobile, all-terrain vehicle, boat,
jet ski and bicycle which is abandoned, discarded, stored, left or
located by its owner or any other person or is permitted or condoned
to be abandoned, discarded, stored, left or located by its owner or
any other person on private premises in the Town of Evans, outside
any village in said Town and outside any establishment duly licensed
by the Town, and which junk vehicle is without current and valid license
plates and registration and is uninspected by the State of New York
or any other state and is not operable. The use of the term in the
singular herein is intended, where applicable, to include the plural.
Any garbage, refuse and/or junk, as such is defined or otherwise
identified in this chapter, being on any premises or property in the
right-of-way of a roadway, public or otherwise, or remaining thereon
for any period of time whatsoever.
Every vehicle originally designed and intended to be operated,
drawn or driven or capable of being operated, drawn or driven upon
a public highway by any power other than muscular power. For the purposes
of this definition, the term "motor vehicle" shall include, but not
be limited to, automobiles, trucks, buses, motorcycles and trailers.
A person, firm or corporation having the property in or title
to a motor vehicle, including a person entitled to the use and possession
of a vehicle subject to a security interest in another person and
also including any lessee or bailee of a motor vehicle having the
use thereof under lease or otherwise.
A person, firm or corporation who or which is the owner,
contract purchaser, tenant, lessee, occupant, undertenant, receiver
or assignee of private premises or private property located within
the Town of Evans, outside the village.
Any person or persons, firm, partnership, corporation, association
or other entity owning real property in the Town of Evans, outside
of any village therein.
Includes all parcels of real property privately owned and
situated in the Town of Evans, outside of any village therein, whether
occupied or vacant.
A cover which is specifically manufactured, fitted and suited
for a particular model or size of motor vehicle. The use of four-sided,
loosely fitted tarps, covers or other adaptations shall not be permitted.
Any motor vehicle that may be licensed in the State of New
York and is not currently inspected. The fact that a motor vehicle
does not display a current inspection sticker shall be presumptive
evidence of the fact that such motor vehicle is not currently inspected.
An open space on the same lot that contains a building and
is located between the building line and the lot line, which the particular
building line faces.
A.
No person shall engage in or conduct, whether for
profit or otherwise, on real property within the Town of Evans, either
for himself or for and on behalf of any other person, directly or
indirectly, as agent, employee or otherwise, at wholesale or retail,
any operation which involves the collection, storage, burning, dumping,
disassembling, dismantling, salvaging, sorting or otherwise of bodies,
engines or parts of autos or of any other secondhand or used property,
of whatever material it is composed, or any waste material, whether
composed of wood, plastic, paper, cloth, cardboard, metals, stone,
concrete, glass or otherwise.
B.
It shall be unlawful for any person, either as owner,
occupant, lessee, agent and/or tenant of property within the Town
of Evans, to store or cause or permit to be stored or deposited any
abandoned, junked or discarded motor vehicles, or part or piece thereof,
on any private property within the Town of Evans, unless:
(1)
Such motor vehicle is stored or deposited on a premises
legally used, operated and located for a junkyard.
(2)
Such motor vehicle is stored or deposited in a completely
enclosed building. No abandoned vehicles, equipment or materials shall
be stored in open areas on the premises.
(3)
Such motor vehicle is covered by a proper car cover. Not more than one such covered motor vehicle shall be permitted at any one time on any premises. This shall not be in addition to motor vehicles referred to in Subsection B(5) hereof.
(4)
Such motor vehicle is the inventory or part of the
inventory of a new or used motor vehicle dealer located in compliance
with the ordinances and local laws in the Town of Evans.
(5)
Such motor vehicle is under repair, reconstruction
or refurbishing by the owners thereof, who actually reside on the
premises, in which case such motor vehicle may be stored on said premises.
Not more than one such motor vehicle shall be permitted at any one
time on any premises. Such motor vehicle must be maintained and protected
so as to not create any hazard or nuisance to surrounding property
owners and shall not remain on the premises for more than 60 days.
C.
Sidewalks.
[Amended 5-26-2010 by L.L. No. 1-2010; 12-14-2011 by L.L. No.
11-2011; 6-6-2018 by L.L. No. 2-2018]
(1)
It shall be the responsibility of any person, either owner, occupant,
lessee, agent and/or tenant, of premises or property, as defined herein,
to shovel or remove snow and ice from all sidewalks on or abutting
his or her premises, including, but not limited to, the intersection
quadrant for corner property, within 12 hours after the cessation
of snowfall or frozen precipitation. Snow or ice shall not be deposited
on any public street or road, nor shall any snow be plowed across
any street, highway, or private property or be stockpiled within 10
feet of any fire hydrant within the Town of Evans. Fire hydrants shall
be cleaned enough to make them visible.
(2)
Liability of real property owner for failure to maintain sidewalk
in a reasonably safe condition.
(a)
It shall be the duty of the owner of real property abutting
any sidewalk, including, but not limited to, the intersection quadrant
for corner property, to maintain such sidewalk in a reasonably safe
condition.
(b)
Notwithstanding any other provision of law, the owner of real
property abutting any sidewalk, including, but not limited to, the
intersection quadrant for corner property, shall be liable for any
injury to property or personal injury, including death, proximately
caused by the failure of such owner to maintain such sidewalk in a
reasonably safe condition. Failure to maintain such sidewalk in a
reasonably safe condition shall include, but not be limited to, the
negligent failure to install, construct, reconstruct, repave, repair
or replace defective sidewalk flags and the negligent failure to remove
snow or ice from the sidewalk.
(c)
Notwithstanding any other provision of law, the Town shall not
be liable for any injury to property or personal injury, including
death, proximately caused by the failure to maintain sidewalks in
a reasonably safe condition. This subsection shall not be construed
to apply to the liability of the Town as a property owner.
(d)
Nothing in this section shall in any way affect the provisions
of this chapter or of any other law or rule governing the manner in
which an action or proceeding against the Town is commenced, including
any provisions requiring prior notice to the Town of defective conditions.
(e)
The owner and the occupant shall be jointly and severally responsible
for compliance with the provisions hereof.
D.
Buildings and structures.
(1)
It shall be the responsibility of any person, either as owner, operator, occupant, lessee, agent and/or tenant, to maintain each and every part of any and all buildings or structures on premises or property as set forth and defined in this chapter free of all nuisances and any hazards to the safety of the occupants, pedestrians and all persons utilizing the premises or abutting roadways. Said person shall maintain accessory structures and appurtenant equipment in good repair, capable of performing the function for which the same was designed or intended to be used, including, but not limited to, the following (also see Chapters 74 and 158 of the Town Code):
(a)
Every exterior wall, roof and porch or appurtenance
thereto shall be maintained in a manner so as to prevent collapse
of the same or injury to the occupants of the building or to the public.
(b)
All broken or missing glass panes shall be replaced.
(c)
The exterior of every building and structure
shall be maintained free of buckled, sagging, broken, partially missing,
rotted or decayed walls, doors, windows, porches, balconies, steps,
stairways, railings, balusters, chimneys and decorative trim. The
exterior of every building and structure shall be maintained so that
the appearance of the premises shall not constitute a blighting factor
for adjoining property.
(2)
The following provisions shall apply to exits:
(a)
Safe, continuous and unobstructed exits shall
be maintained from the interior of a building or structure to the
exterior at a street, or to a yard, court or passageway leading to
a public open area.
(b)
Nothing shall be placed, accumulated or stored
on residential premises which obstructs egress from stairways, passageways,
doors, windows, fire escapes or other means of exit.
(c)
In multiple dwellings, exits, including vestibules,
stairways, passageways, corridors and hallways, but excluding fire
escapes, shall be lighted with natural or electric light at all times
so as to afford safe passage.
(d)
Stairways shall have handrails on at least one
side.
(e)
Fire escapes shall be maintained free of encumbrances.
(f)
Vending machines and other equipment or materials
shall not be located in lobbies, corridors or passageways if they
constitute a fire hazard or interfere with the exit facilities.
(3)
The following provisions shall apply to exterior protection:
(a)
Exterior walls, including foundations, shall
be maintained so that groundwater and surface water does not penetrate
into basements and cellars.
(b)
Exterior doors, windows, skylights and similar
openings shall be maintained weathertight.
(c)
Exterior stairs, porches, entrance platforms,
fire escapes and the railings thereon shall be maintained in a safe
and sound condition.
(d)
Roofs shall be maintained in a watertight condition.
(e)
Exterior surfaces shall be maintained in good
condition. Surfaces not inherently resistant to deterioration shall
be treated with a protective coating of paint or other suitable preservative.
(4)
Infestation. Buildings and structures shall be maintained
free of insects, vermin and rodent harborage and infestation.
(5)
All unused refrigerators and similar equipment with
locking mechanisms shall first have the locking devices, hinges and
doors removed. None shall be maintained, abandoned or stored outside
the exterior walls of any building on the premises.
(6)
The following provisions shall apply to exterior property
areas:
(a)
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent ponding.
(b)
Fences, walls and other minor constructions
shall be maintained in safe, good and substantial condition.
(c)
Steps, walks, driveways, parking spaces and
similar paved areas shall be maintained to afford safe and convenient
passage.
(d)
Yards, courts and vacant lots shall be kept
clean and free of hazards.
E.
It shall be the responsibility of any person, either
as owner, occupant, lessee, agent and/or tenant of premises or property
as defined herein, to dispose of any and all litter, garbage, refuse
and/or junk on premises or in the right-of-way of a roadway, public
or otherwise, upon which such premises or property fronts, or adjoins,
or to which such property is subject, in a safe and sanitary manner
and keeping the premises free and clear therefrom.
[Amended 5-2-2012 by L.L. No. 1-2012]
(1)
Anyone
placing garbage, refuse and/or junk at the curb, right-of-way, roadway
or otherwise for Town-wide trash pickup shall not do so prior to 6:00
p.m. of the night before scheduled pickup.
F.
Every owner or occupant or person having control of
any property or premises in the Town shall:
(1)
Maintain the same so that all premises and immediate
exterior property shall be maintained free from weeds or plant growth
in excess of 10 inches (254 mm) and all noxious weeds, any poison
ivy, ragweed or other poisonous plants or plants detrimental to health
and free from any accumulation of dead weeds, grass or brush. "Weeds"
shall be defined as all grasses, annual plants and vegetation, other
than trees or shrubs; provided however, this term shall not include
cultivated flowers or gardens.
(2)
Trim the hedges, shrubs and trees so that the same
will not interfere with the line of sight of motor vehicle operators
or pedestrians attempting to cross an adjacent intersection or attempting
to make a turn upon an adjacent intersection or will not impede or
interfere with pedestrian traffic upon any sidewalk abutting said
lot or premises.
(3)
Trim the hedges, shrubs and trees so that the same
will not grow over or so close to the sidewalk as to interfere with
the pedestrian or bicycle traffic.
(4)
Not allow any cut or fallen trees, or parts thereof,
to remain upon the ground longer than 10 days, and shall remove the
same from such property or premises unless the same is cut and stacked
as cordwood to be used as fuel for use in heating equipment in quantities
not to exceed 10 full cords, a volume of 1,280 cubic feet, neatly
piled so as not to create a hazard. Brush shall be removed within
10 days of its appearance upon the property or premises.
G.
It shall be unlawful for any person to allow any dangerous
tree, as defined herein, to remain upon the property owned by any
such person, form or corporation.
(1)
Immediately upon receipt of a written complaint signed
by a complainant that a dangerous tree exists within the Town, or
in the event that the Building Inspector discovers a dangerous tree
in the course of his duties, notwithstanding the absence of a written
signed complaint, the Building Inspector of the Town shall make an
inspection of the dangerous tree.
(2)
After such inspection, if the Building Inspector determines
that a dangerous tree exists, the Building Inspector shall notify
the owner, occupant or person having control of any such property
or premises upon which the dangerous tree or portion thereof posing
a danger exists of the violation of this provision in the manner set
forth in this chapter relating to notices of violation.
A.
Whenever a condition shall be observed to exist on
any premises or property within the Town which is in violation of
the provisions of this chapter, a notice of such violation shall be
issued by the Code Enforcement Officer, directing such owner, occupant
or person having control of any such lot or premises to correct such
violation and/or condition within no less than five days of the service
of the same. If such violation is not corrected within such period
specified in said notice, the Code Enforcement Officer may take such
action as is required to cause such condition of violation to be corrected.
B.
Any notice of violation aforesaid shall be written
and shall be served upon any person charged herein with the responsibility
to comply with the terms and provisions of this chapter, and such
service shall be deemed to have been made on the date of personal
delivery of such notice, or, if such notice is delivered by mail,
it shall be mailed by regular mail and service thereof shall be deemed
to be complete, and to have taken place, five days after mailing.
C.
In addition to the foregoing, the Code Enforcement
Officer may file an accusatory instrument with the Town Court and
such summons or appearance ticket as such Code Enforcement Officer
or the Said Court deems appropriate directing the person so noticed
to appear in said Town Court to answer the alleged violation of these
provisions of the Town Code.
A.
Whenever the Code Enforcement Officer takes action
in accordance with this chapter to cause a violation of the any of
the provisions of this chapter to be corrected, which conditions of
violation have not been corrected by the person or persons notified
of such violation, and the Town incurs costs therefor, the Town Board
shall direct that the property or premises which is the subject of
the enforcement action shall be assessed, which assessment shall be
in addition to any penalties otherwise imposed for any violation of
the terms and provisions of the Code of the Town of Evans, in an amount,
referred to in this chapter as the "charge for remediation", as follows:
(1)
The cost of labor, machinery and materials of the
Town or the cost of services of an independent contractor; in addition,
a surcharge of 25% of the above cost or $150, whatever is greater,
to reimburse the Town for the cost of supervision and administration.
(2)
The above said cost and surcharge shall be levied
upon the property or premises which is the subject of the enforcement
action and shall be collected in the same manner as Town taxes and
assessments.
B.
Such charge for remediation shall be borne entirely
by the person owning such premises or property at the time of such
remediation.
C.
A written statement specifying such charge for remediation
shall be delivered to the person shown to be the owner of such premises
or property at the time of such remediation set forth in the latest
completed assessment roll of the Town at the time of the completion
of such remediation.
D.
Delivery of statement specifying such charge for remediation
shall be deemed to be complete upon personal delivery as defined by
the Civil Procedure Law and Rules of the State of New York or by mailing,
by regular mail, a copy of the same to the person shown to be the
owner of such premises or property at the time of remediation, as
shown by the aforesaid assessment roll, and the twenty-day period
within which the same is to be paid shall commence to run upon the
filing in the office of the Town Clerk of the affidavit of personal
service, or an affidavit of mailing, of such statement of such charge
for remediation.
E.
If the aforesaid charge for remediation so specified
in such statement of the same is not fully paid by such person to
whom the same was delivered within 20 days of completion of such delivery,
as aforesaid, such unpaid charge for remediation shall be a charge
levied upon the real property taxes relative to the premises or property
so remedied, due with the payment of the county and Town taxes relative
to such premises and property and shall be, if unpaid, a lien on the
premises and property so taxed with the same force and effect as such
real property taxes impose.
F.
The provisions hereof shall be in addition to any
penalty for violation of any other provision of the Town Code of the
Town of Evans.
Any person who is found guilty of violating
any provision of this chapter or any regulation adopted hereunder
shall for each violation be subject to a fine not to exceed $250 or
imprisonment not to exceed 15 days, or both. From the date of the
first court appearance set forth in any notice of violation, appearance
ticket or summons, each week's continued violation shall constitute
a separate violation.
