[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 5-14-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
The Town Board of the Town of Blooming Grove hereby determines that it is necessary for the public health, safety and general welfare of the residents of the Town of Blooming Grove to provide regulations where, keeping in mind the use and location, properties within the Town are properly and safely maintained to avoid blight, nuisances and hazards. It is found and declared that by reason of lack of maintenance and progressive deterioration, properties and structures have the effect of creating adverse neighborhood conditions. By reason of regulations and restrictions, the public health, safety and welfare will be protected.
The Town Board recognizes the importance of bonafide farms and agricultural operations and encourages such farms and agricultural operations in the Town. Accordingly, it is not intended that this chapter shall be applied to bonafide farms and agricultural operations within the Town.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them. When not inconsistent with the context, the present tense shall include the future and words used in the plural shall include the singular and vice versa.
- ACCESSORY BUILDING OR STRUCTURE
- A subordinate building or structure located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building or structure is attached to the main building in a substantial manner, as by wall or roof, such accessory building or structure shall be considered part of the main building.
- The condition or appearance of a building, structure, vehicle, machinery, equipment or other materials characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.
- 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, public lands or from any adjoining or neighboring premises.
- EXTERIOR PROPERTY AREA
- Those portions of a building that are exposed to public view and the open space of any premises outside of any building erected thereon.
- Any animal or vegetable waste capable of fermentation or decay.
- GOOD WORKING CONDITION
- Fully operational for the use intended.
- GOOD WORKING REPAIR
- A standard of maintenance that renders a building or structure safe, habitable and possessed of a neat and orderly appearance.
- The excessive presence of insects, rodents, vermin or other pests.
- A. Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New York, its governmental agencies or the laws and regulations of the Town.
- B. Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where said condition exists.
- C. Any waste material or any other matter attractive to verrmin, likely to breed disease or which presents a fire hazard, creates offensive odors or otherwise is prejudicial to good health or is so unsightly of appearance as to be offensive to surrounding properties.
- Any person residing, living or sleeping in or on the premises or having possession, use or occupancy of a dwelling or any person or entity in possession of or using any premises or part thereof, whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy.
- Includes any person having individual or joint title to real property in any form defined by the laws as an estate or interest therein, whether legal or equitable and however acquired.
- Includes an individual, a partnership, a joint venture, a corporation, an association, a club and any other organization or group and includes the owner and occupant of property and premises.
- PROPERTY or PREMISES
- A building, dwelling, structure, open space, grounds and/or land and any thing erected on, growing on, placed on or affixed thereto.
- All cardboard, plastic material or glass containers, wastepaper, rags, sweepings, clothing, pieces of wood, rubber and waste.
- Materials or substances discharged, discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection. Such waste shall include but is not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, refuse, abandoned vehicles, deteriorated machinery or equipment, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
- WORKMANLIKE MANNER
- Work performed in a skillful manner or in a manner characteristic of a skilled workman.
In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner, occupant and any other person responsible for maintenance of the property or premises to comply with any and all of the requirements and standards of this chapter and to promptly remove, prevent or abate such conditions. No such person shall be relieved of any duty, obligation or responsibility hereunder nor be entitled to assert, as a defense against any charge made against him or them for violation of this chapter, the fact that another owner, occupant or any other person is also responsible and in violation.
The provisions of this chapter shall supplement federal, state and local laws, codes or regulations. Where a provision of this chapter is found to be in conflict with a provision of a federal, state or local law, code or regulation, the more restrictive provision shall prevail when legally permissible.
This chapter shall not be enforced against a bonafide farm or agricultural operation located within the Town.
Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
Vacant structures. All vacant structures and premises thereof shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
Waste, deteriorated machinery or equipment, deteriorated vehicles, upholstered furniture, carpeting, mattresses, box springs, clothing or any such fabric items, dishwashers, refrigerators, washing machines, dryers, stoves, ovens or any such indoor appliance, tanks and other containers shall not be located in an exterior property area, yard or yard enclosure or on a porch where they are subject to weather deterioration or exposed to public view.
Construction sites. If substantial construction activity ceases for 30 days, then the owner and any other person responsible for construction or property maintenance shall take such steps and perform such acts as may be required to ensure that the property and premises remain safe, secure, clean and in compliance with the requirements for vacant property and the other applicable provisions of this chapter, and including but not limited to the following:
Safeguard the property, premises and any structures and buildings thereon;
Remove all equipment and materials or store such equipment and materials to the satisfaction of the Building Inspector;
Remove or spread on site all piles of stone, soil or dirt;
Remove all garbage, refuse, waste and debris;
Mow or cut grasses and other growth so as to prevent excessive and/or noxious growth, nuisance, and deterioration of structures and to prevent the property and premises from harboring insects, rodents, vermin or other pests. Grasses on the property shall be kept mowed or cut to a height not to exceed nine inches;
Install and maintain acceptable stormwater and erosion control measures.
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
Overhang extensions. All overhang extensions, including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
Chimneys and towers. All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair.
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
Accumulation of waste, rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of waste, rubbish or garbage.
Dry vegetation, combustible waste and refuse. Combustible waste, refuse and large quantities of dry vegetation, which by reason of their proximity to buildings or structures would constitute a fire hazard or contribute to the spread of fire, shall be removed.
Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
Refrigerators. Refrigerators and similar equipment shall not be discarded, abandoned, or stored on the premises accessible to children without first removing the doors.
Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure, except where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
This chapter may be enforced by the Building Inspector, Code Enforcement Officer and any other officer, employee or agent appointed by resolution of the Town Board. All said enforcement officers are authorized to issue violation notices and appearance tickets.
Whenever the enforcement officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violations to the person or entity responsible therefor. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly served if a copy thereof is sent by certified mail to the last known address of the person or entity upon which the same is served, as shown on the most recent assessment roll of the Town, or a copy thereof is personally delivered to said person or entity or a copy is left at the usual place of abode or office of the person or entity. Notice shall be given as aforesaid within or outside the Town. The notice shall also state that unless the violation is corrected, removed or prevented within 10 days, or such other greater or lesser time as deemed reasonable by the enforcement officer under the circumstances, of the date of service of such notice, exclusive of the date of service, an appearance ticket may be issued for such violation.
Whenever the enforcement officer finds that an emergency condition exists, which condition requires immediate attention in order to protect the public health or safety or to protect the health or safety of an owner or occupant, he may issue an order by service of notice in the manner set forth above, reciting the existence of such emergency condition and requiring that remedial action be taken immediately. Any person to whom such an order is directed shall comply therewith immediately.
Failure to comply with the direction of the enforcement officer or the Town Board when notice has been provided in accordance with this chapter shall constitute a separate and distinct offense hereunder.
In addition to and not in lieu of any other remedies, upon failure of a person or entity to comply with a notice to correct, remove or prevent a condition which violates a provision of this chapter, the Town Board may, upon due notice and due opportunity for a hearing, order the condition abated and authorize the enforcement officer to take the necessary steps to carry out the Board's order. All costs and expenses, including but not limited to contractor charges, reasonable attorney, engineering and consultant fees, employee salaries and administrative costs, associated with the correction, removal or prevention of the condition shall be charged to the owner of such real property. The Town, its contractors, employees and agents shall have the authority to enter upon such real property and conduct any necessary work to correct, remove or prevent all conditions that violate a provision of this chapter. If such charge is not paid in full within 30 days after billing to the owner, the charge and costs shall be assessed and levied against and constitute a lien on the real property upon which it is levied until paid or otherwise satisfied and discharged, and shall be collected in the same manner and at the same time as other Town real property taxes.
In addition to and not in lieu of any other remedies, any person who violates any provision of this chapter or who violates or fails to comply with any lawful order promulgated hereunder shall be guilty of a violation and, for a first conviction thereof, shall be subject to a fine in an amount not less than $100 nor more than $250 or a maximum of 15 days' imprisonment, or both; for conviction of a second violation committed within 12 months of the first violation, such person shall be subject to a fine in an amount not less than $150 and not more than $350 or a maximum of 15 days' imprisonment, or both; for conviction of a third violation committed within 12 months of the first violation, such person shall be subject to a fine in an amount not less than $400 and not more than $750 or a maximum of 15 days' imprisonment, or both; for conviction of a fourth violation and for each subsequent violation committed within 12 months of any prior violation, such person shall be subject to a fine in an amount not less than $500 and not more than $1,500 or a maximum of 15 days' imprisonment, or both.
Civil penalties and injunction. In addition to and not in lieu of any other remedies, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to obtain civil monetary penalties and compel compliance with or to restrain, by injunction, the violation of this chapter or any order promulgated hereunder. The civil monetary penalties shall be in accordance with and not exceed the monetary penalties set forth in § 175-12A of this chapter.
Each calendar day a violation occurs or continues shall constitute and be deemed a separate and distinct violation.
Pursuant to the state Municipal Home Rule Law, this chapter is intended to supercede any inconsistent provisions of the state Town Law and any other special law.