Village of Celoron, NY
Chautauqua County
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[HISTORY: Adopted by the Board of Trustees of the Village of Celoron 5-14-2001 by L.L. No. 1-2001 (Ch. 33 of the 1966 Code). Amendments noted where applicable.]
The title of this chapter shall be "Maintenance Code."
[Amended 12-9-2013 by L.L. No. 4-2013]
The intent of the Board of Trustees of the Village of Celoron is to implement a local law to authorize the Code Enforcement Officer to enforce a maintenance code.
It is the purpose of this chapter to promote the public health, safety, and general welfare of the residents of the Village of Celoron by implementing a maintenance code.
Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Any resident shall not drain water from their premises in a manner that directs it onto another resident's premises so as to create a nuisance.
[Amended 12-9-2013 by L.L. No. 4-2013]
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions, including bushes and trees on or over sidewalks interfering with pedestrians.
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches, as set forth in § 149-4 below. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.
[Amended 9-13-2010 by L.L. No. 2-2010]
Rodent harborage. All structures and exterior property shall be kept free from harborage and infestation. Where rodents are found they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant.
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
Gates. Gates which are required to be self-closing and self-latching in accordance with the International Building Code shall be maintained such that the gate will positively close and latch when released from a still position of six inches (152 mm) from the gatepost.
Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
Exterior structure. 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.
Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7).
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.
Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
Insect screens. During the period from April 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.
Exception: Screen doors shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.
Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
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.
Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
Occupant. The occupant of any structure shall be responsible for the continued rodent- and pest-free condition of the structure.
[Amended 9-13-2010 by L.L. No. 2-2010]
Duty to maintain.
It shall be the duty of every owner, occupant or person having control or ownership of any land within the Village of Celoron to cut down or cause to be cut down all overgrown weeds, grass, brush and other vegetation in excess of 10 inches and to remove or cause to be removed all garbage, weeds, grass or other rank, poisonous or noxious vegetation and tree limbs or other debris on said land as often as necessary to maintain such land in a sanitary and orderly condition.
It shall be unlawful for any person having control or ownership of any residential land in the Village of Celoron, County of Chautauqua and State of New York, to permit or maintain on such land, or portion thereof, any growth of weeds, grass or other vegetation to a greater height than six inches on the average or any accumulation of dead weeds, grass or brush.
Failure to comply with this section shall constitute a violation of this section and shall be punishable in accordance with Subsection C below.
All yards, courts, open areas and vacant lots which are in violation of this chapter are hereby declared to be a nuisance and shall be abated by being mowed, cleared, or otherwise brought into compliance herewith in accordance with the orders of the Code Enforcement Officer by exercise of the powers and duties herein contained.
Five days after the mailing of a notice by regular mail to the last known address of the property owner, the Code Enforcement Officer shall make an inspection, and if such inspection discloses that the owner or occupant has not complied with said notice, the Code Enforcement Officer shall cause weeds, grass and other vegetation on such lands or portions thereof to be cut and removed.
If the topography of said land is such to make it impossible or impractical to use machinery in the clearing and cutting, the Code Enforcement Officer may arrange to have the grass, weeds, and other vegetation cleared by hand. The actual cost of cutting and removal, plus a fee of 20% for inspection and administrative overhead therewith, shall be certified by the Code Enforcement Officer to the Village Clerk and shall thereupon become and be a lien upon the property on which said weeds, grass and other vegetation were located and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer in the same manner as taxes levied and assessed against such property.
[Amended 9-13-2010 by L.L. No. 2-2010; 12-9-2013 by L.L. No. 4-2013]
Violation of this chapter shall be punishable by any of the following or combination thereof:
Imprisonment for not more than 15 days.
A fine of not more than $250.
For the purpose of this section, each day that an offense occurs shall be deemed to be a separate offense and shall be punishable by any of the above remedies or combination thereof for each day that the property remains in violation.
The Maintenance Code shall also include any maintenance requirements that are issued under state law that are amended and/or are added at any time in the future, and the same shall be incorporated within the Maintenance Code.