For purposes of this chapter, the terms used herein are defined
as follows:
ABANDONED
To withdraw or give up by leaving the premises or ceasing
to operate or inhabit the premises; more than a seasonal absence from
the premises.
BLIGHT
Premises which are not properly maintained so as to diminish
or lessen the appearance thereof, or so as to detract from the appearance
of adjoining properties, which leads, or may lead, to the progressive
deterioration of a neighborhood.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
BUILDING INSPECTOR
The Building Inspector of the Town of Orangetown or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
DUMPSTER, CONTAINER OR ENCLOSURE
An enclosed area or otherwise covered container for the temporary
collection and storage of a nuisance, hazard, debris and litter as
defined herein.
GRAFFITI
Any drawing, figure, inscription, mark, message, slogan,
symbol or object written, painted, drawn, etched, placed or otherwise
made on property, such that such drawing, figure, inscription, mark,
message, slogan, symbol or object would constitute a blight upon the
neighborhood for a reasonable person.
[Added 4-13-2010 by L.L. No. 2-2010]
JUNKYARD
An area of land, with or without buildings, used for the
deposit, collection or storage, outside a completely enclosed building,
of used or discarded materials, such as wastepaper, rags or scrap
metal; or used building material, house furnishings, machinery, vehicle
or parts thereof; with or without the dismantling, processing, salvage,
sale or other use or deposition of the same. A deposit or the storage
on a lot of two or more wrecked or broken-down vehicles or parts of
two or more such vehicles for one month or more in any district or
at any time in a front yard shall be deemed to be a junkyard.
NUISANCE, HAZARD, DEBRIS AND LITTER
Any waste material, including but not limited to garbage
or other putrescible substance, refuse, tobacco products and packaging,
rubbish, tires, inoperable vehicles and parts, discarded furniture,
appliances, water heaters, bottles, cans, plastic containers, pipes,
bags of fertilizer, pet excrement, building or construction materials
or supplies when stored outside on a site where no active construction
is taking place, discarded or strewn papers or material or other junk
substances, tree stumps, logs, wood, brush or any other matter attractive
to vermin, likely to breed disease, present a fire hazard, create
offensive odors or otherwise be prejudicial to good health; or being
so unsightly of appearance as to be offensive to surrounding properties.
STRUCTURE
An assemblage of materials constructed or erected, the use
of which requires location above, below or on the ground, including
but not limited to the following: buildings, signs, walls, retaining
walls, radio and television antennas or dishes, microwave/satellite
antennas, pergolas, pagodas, porches, decks, bins, sheds, swimming
pools, swimming pool structures, docks, etc.
VACANT STRUCTURE
Any building, structure or portion thereof designed or used
for residential or commercial purposes which has been unoccupied or
unused for a period of six months or longer. Specifically excluded
are all agricultural structures such as barns and field houses.
[Amended 1-24-2005 by L.L. No. 4-2005; 7-13-2021 by L.L. No. 6-2021]
A. It shall be an offense for any person to abandon, leave, dump, store or keep any nuisance, hazard, debris and litter, or matter attractive to vermin upon any public highway, road, street, alley or thoroughfare, including any portion of the right-of-way thereof, or any other public lands or upon any privately owned property within the unincorporated portion of the Town of Orangetown except as permitted by Subsections
B and
D hereof.
B. The owner, tenant or occupant of property being used for residential
or commercial purposes located within the unincorporated portion of
the Town of Orangetown is hereby required to maintain at all times
one or more covered dumpsters, containers or enclosures of adequate
size to temporarily store all nuisance, hazard, debris and litter
until removed. The failure to comply with this subsection shall be
deemed an offense.
C. Privately owned property shall be maintained so that it does not create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance, glare; liquid or solid refuse or wastes; a condition conducive to the breeding of rodents or insects or other substance, condition or element, in a manner or amount as to create a nuisance and adversely affect the surrounding area. Properties that are subject to, and comply with, performance standards under Chapter
43, § 4.13 of the Code of the Town of Orangetown, shall be deemed in compliance with this subsection.
D. Except where physically impossible, a dumpster shall not be located
within the front yard of any premises and shall be surrounded on all
sides by an opaque fence or wall enclosure of durable construction
no lower than one foot above the height of the dumpster. All nonconforming,
preexisting dumpsters shall be conformed to this requirement within
six months of the adoption of this chapter. The failure to comply
with this subsection shall be deemed an offense.
E. In regard to the curbside pickup of trash containers (trash cans)
and items for bulk pickup by private carter, these items shall not
be set out prior to 8:00 a.m. on the day before each pickup and shall
be retrieved before 8:00 a.m. on the day after each pickup.
F. In all multiple dwellings and commercial sites, the owner, managing
agent or person in charge of the building must provide a totally enclosed
bin or shed-type structure for housing the necessary amount of garbage
containers and receptacles to meet the needs of the occupants therein.
The site of the bin must be in an inconspicuous location. In addition,
all required garbage containers and receptacles must be landscaped
or screened in accordance with the provisions of the Zoning Code of
the Town of Orangetown.
G. The Town Board is hereby authorized to establish one or more temporary or permanent locations wherein residents of the unincorporated portion of the Town of Orangetown may bring green waste, such as yard waste, brush, leaves, and grass clippings, or items constituting a nuisance, hazard, debris or litter (except garbage, toxic materials and chemicals, rubbish, tobacco products and packaging, large quantities of construction materials, bags of fertilizer, pet excrement, and bottles, cans and plastic containers) for disposal in containers provided for such purpose. The use of such containers by residents for personal noncommercial disposal of waste as enumerated above is deemed to be consistent with the purposes of this chapter and shall not constitute an offense. Any failure to abide by rules and regulations concerning the above, or concerning Subsection
H below, or any use for commercial purposes or disposal by nonresidents shall be deemed an offense hereunder.
H. In order to use locations established pursuant to Subsection
G above, residents of the unincorporated portion of the Town of Orangetown must first obtain a permit from the Superintendent of Highways. No one is permitted to use these locations without possessing a duly issued and valid permit. The only persons eligible to obtain a permit are noncommercial residents of the unincorporated portion of the Town of Orangetown. Even if eligible for a permit, a person may not use a facility for commercial purposes in any respect, and permissible use is limited to the depositing of permissible materials derivative of the residential use of the permit holder's residence. Rules and regulations concerning the issuance and use of these permits shall be promulgated by the Superintendent of Highways, in a manner and substance not inconsistent with Subsection
G above, the remainder of the Code of the Town of Orangetown, and state and federal law. The Town Clerk, in addition to the Superintendent of Highways, may, at the discretion of the Town Clerk, also issue said permits. Permits issued by the Town Clerk are subject to all rules and regulations promulgated by the Superintendent of Highways.
The owner, occupant or tenant of any privately owned property
within the unincorporated portion of the Town of Orangetown shall
comply with the following:
A. The premises shall be properly maintained and landscaped. Lawns or
other ground cover shall be kept trimmed to a height of no greater
than 12 inches. Hedges, bushes and shrubs shall be maintained and
kept from becoming overgrown and unsightly where exposed to public
view and where the same constitute a blighting factor, depreciating
adjoining property and impairing the appearance of the neighborhood.
B. The premises shall be free of nuisance, hazard, debris, litter, unsanitary
conditions and unsightly materials.
C. All dead, damaged or diseased trees or any portion thereof which
present any hazard to life or property shall be removed.
D. Properties shall be maintained to prevent soil erosion and sedimentation.
E. Firewood kept on the premises shall be neatly stacked and properly
stored and free of rotted wood.
F. Any clothesline on the premises shall be placed at least 15 feet
from all property lines and limited in use to clothes only. Tarps,
pool covers, and other material or matter may be hung on a clothesline
or other vertical support for a limited time not to exceed 48 hours.
No clothesline or similar vertical object shall be placed within any
front yard.
G. All green waste, such as yard waste, brush, leaves, grass clippings
and firewood, shall be placed a minimum of 10 feet from all property
lines, it shall be the responsibility of the complainant to the Town
of Orangetown under this section to have the property line staked
out in the area where the alleged violation is purported to exist.
Therefore, the property line must be demarked by a licensed land surveyor
so that the code enforcement authority can determine that the alleged
violation does, in fact, exist. This section shall not apply to green
waste placed at the curb for removal by the Town of Orangetown, in
accordance with the Town of Orangetown Highway Department's requirements
and schedule for removal.
H. This section shall not prevent nor prohibit the maintenance of a
compost site/area in an approved and properly functioning manner,
in an area no greater than 10 feet by 20 feet (200 square feet).
[Added 9-29-2015 by L.L.
No. 4-2015]
A. Purpose. The purpose of this section is to promote and protect the
property, property values and welfare of the residents of the Town
of Orangetown and to protect the property and preserve the aesthetic
qualities of the environment of the Town of Orangetown.
B. Intent. It is the finding of the Town Board that the planting and/or
the growing of bamboo, a plant not indigenous within the Town of Orangetown,
has been and will continue to be destructive to the natural environment,
including indigenous flora, and destructive to structures and walks
on properties within the Town adjoining and neighboring those properties
where bamboo has been planted and/or permitted to grow; that because
of these effects the planting and the growing of bamboo threatens
the value and physical integrity of both public and private property
in the Town; and that therefore, in order to protect and preserve
said environment and values, the Town declares it necessary to regulate
or prohibit the planting and/or growing of bamboo within the Town.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BAMBOO
The species commonly known as "golden bamboo" (Phyllostachys
aurea) and "yellow groove bamboo" (Phyllostachys airreosulcata).
BAMBOO PROPERTY OWNER
A property owner in the Town who has planted or grown or
caused the planting or growing of bamboo on his property and/or permitted
or permits the growing of bamboo on his property that had initially
encroached onto his property from an adjoining or neighboring property.
D. Applicability. For purposes of this section, if bamboo is found growing
upon a property that shall constitute presumptive evidence that the
growing of bamboo on the property shall have occurred with the consent
of the owner of such property, except that such property owner shall
not be presumed to be a bamboo property owner if the property owner
did not plant or grow or cause said bamboo to be planted or grown
in his property, and he shall provide the Building Inspector with
proof, satisfactory to the Building Inspector, that within a reasonable
period of time after he first learned of the encroachment of bamboo
onto his property from an adjoining or neighboring property, he advised
the owner of such adjoining or neighboring property of his objection
to the encroachment of bamboo onto his property and/or initiated steps
for the removal of the bamboo from his property.
E. Prohibition. Effective upon the date this provision shall become
law, the planting or growing of bamboo shall be prohibited within
the Town of Orangetown. Any person who thereafter plants or grows,
or causes to be planted to grown, bamboo within the Town shall be
deemed to be in violation of this section and shall be subject to
such penalties as are set forth hereunder.
F. Regulation. Any bamboo which has been planted or otherwise permitted to grow in any property within the Town of Orangetown prior to the effective date of this chapter may remain on such property subject to compliance with this §
24C-4.1. Each bamboo property owner shall be responsible to ensure that the bamboo planted or growing on his property prior to the effective date of this chapter does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and rights-of-way held by the Town, and shall be required to take such measures as are reasonably expected to prevent such bamboo from invading or growing onto adjoining or neighboring properties. Such measures shall include installation of sheathing comprised of metal or other material impenetrable by bamboo at a sufficient depth within the property line or lines where the bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by said bamboo. The Town Board may from time to time prescribe such rules and regulations as may be necessary to give effect to this.
G. Removal.
(1)
In the event that bamboo growing on a bamboo property owner's
property invades or grows on an adjoining or neighboring property
that is owned or held on behalf of the Town of Orangetown, the Town
shall notify the bamboo property owner that the bamboo said owner
had planted or caused to plant or had permitted to grow on his property
has invaded Town property and that the bamboo property owner is responsible
for the removal of such bamboo from the Town property. This notice
shall be sent by United States Postal Service, via certified mail,
return receipt requested, and by regular first-class mail to the latest
address of the bamboo property owner on file with the Town, and a
copy of the notice shall also be left in a conspicuous location on
the bamboo property owner's property in the Town of Orangetown.
(2)
In the event that the bamboo property owner does not remove or contract for the removal of said bamboo from the Town property, or does not make an arrangement with the Town for removal of such bamboo within 30 days from the date the Town first deposited the notice as provided in Subsection
G(1) above with the United States Postal Service, then the Town, at its discretion, may remove or arrange for the removal of such bamboo from the Town property. The bamboo property owner shall be liable and responsible to the Town for the Town's costs in removing the bamboo from the Town property. Such costs may be assessed against the property of the bamboo property owner as a tax payable by such bamboo property owner in the event that the costs remain unpaid more than 30 days after demand for payment has been made by the Town on the bamboo property owner.
(3)
In the event that the Town is compelled to undertake the removal or to contract for the undertaking of removal of bamboo, as provided for in Subsection
G(2) above, neither the Town nor its employees shall have any liability for damages or other claims to the bamboo property owner by reason of the removal of such bamboo. In the event such removal entails or causes damages to the flora or other property of a person other than the property of the bamboo property owner, the bamboo property owner in violation of this section shall be responsible for such damages.
H. Replanting prohibited. Any bamboo either planted or caused to be
planted or existing on a property prior to the effective date of this
section may not be replanted or replaced in kind once such bamboo
is or has become, for any reason, dead, destroyed, uprooted or otherwise
removed.
I. Notification. Within 30 days after the effective date of this chapter
the Town shall give notice by reasonable means to all property owners
in the Town advising them of the enactment of this section.
J. Violations. Any property owner who violates any of the provisions
of this section shall be guilty of a violation thereof. Each and every
day that a violation of this section shall exist shall constitute
a separate violation of this section.
K. Penalties. A violation of any provision of this section shall be
punishable by a fine not to exceed $350 for each violation. The Town
may also pursue civil or injunctive relief, or pursue criminal penalties,
irrespective of any determination to prosecute for a violation of
this section.
L. Severability. In the event that any portion or portions of this chapter
shall be determined to be invalid or unenforceable for any reason,
the remainder of the chapter and its provisions shall remain in full
force and effect.
The exterior of all premises within the unincorporated portion
of the Town of Orangetown shall be kept free of all nuisances. It
shall be the duty of the owner or operator to keep the premises free
of hazards, which may include but are not limited to the following:
A. Hazardous walks and steps, which shall be repaired or replaced.
B. Loose and overhanging objects which, by reason of their location
above ground level, constitute a danger of falling on persons in the
vicinity thereof.
C. Cracks, projections, or obstructions on paths, walks, driveways,
parking areas and other parts of the premises which are accessible
to and may be used by the public.
D. All holes, excavations, breaks, trenches, and digging left open,
which shall be filled and repaired.
The exterior of the premises in the unincorporated portion of
the Town of Orangetown, and the condition of accessory structures,
shall be maintained so that the appearance of the premises and all
buildings thereon shall reflect a level of maintenance in keeping
with the standards of the neighborhood, and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration of the neighborhood with the accompanying diminution
of property values, including the following:
A. Equipment and materials which relate to a business, commercial operation
or industrial operation shall not be maintained, stored, serviced,
or used unless permitted under the Zoning Code of the Town of Orangetown
for the zoning district in which the premises are located.
B. Open front porches shall not be used to store or use household equipment
not usually associated with porch usage, such as washers, dryers and
refrigerators, or to store or use commercial items.
C. All signs permitted by reason of other regulations or as a lawful
nonconforming use shall be maintained in good repair, and printed
matter, pictures or illustrations contained thereon shall be completely
maintained or, when no longer in use, completely removed. All signs
in a residential zone shall be erected at least 10 feet from the side
and rear property lines, and shall not be directed toward abutting
neighbors' residences located in a residential zoning district.
D. The exterior of every structure or accessory structure not inherently
resistant to decay, including fences, shall be maintained in good
repair, and all surfaces thereof shall be kept painted or otherwise
provided with a protective coating sufficient to prevent structural
deterioration and to maintain appearance. The same shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other conditions reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated and adjoining properties and the
neighborhood protected from blighting influences.
E. There shall be no observable (from a public highway or private road)
cardboard or plastic bag material covering any window in a structure
or accessory structure.
F. There shall be no observable (from a public highway or private road)
graffiti.
[Added 4-13-2010 by L.L. No. 2-2010]
The owner shall keep all and every part of any vacant structure
in the unincorporated portion of the Town of Orangetown in attractive
condition and in good repair, including but not limited to the following:
A. Exterior surfaces of buildings and structures that are not inherently
resistant to deterioration shall be periodically treated with a protective
coating of paint or other suitable preservative.
B. Buildings and structures shall be secured at all doorways, windows
and other openings.
C. Buildings and structures shall be maintained free of vermin and rodents, and the exterior premises shall be maintained in accordance with the provisions of §
24C-4 of this chapter.
D. Damage caused to the exterior of any structure by fire, explosion
or natural disaster shall be repaired within six months of the date
when such damage was sustained.
[Amended 11-13-2006 by L.L. No. 18-2006]
All abandoned or fire-damaged buildings in the unincorporated
portion of the Town of Orangetown shall be boarded up by the owner
as follows:
A. Material for boarding shall be a minimum of one-half-inch exterior
plywood.
B. First floor and cellar windows shall have the material cut to fit
between the staff moldings and rest on the windowsill to provide solid
nailing all around. All remaining windows visible from a public way
shall also be so covered.
C. Windows in exterior doors shall be secured, and doors either padlocked
or boarded with plywood.
D. All material shall be nailed with a minimum of six-penny nails.
E. Fire-damaged buildings shall be boarded immediately, but in no event
later than 48 hours of the fire. Abandoned buildings shall be boarded
within five days.
F. Any owner of a building who fails to comply with this section shall be subject to a penalty as set forth in Chapter
41A of this Code.
[Amended 10-14-2003 by L.L. No. 3-2003; 3-23-2021 by L.L. No. 2-2021]
A. The owner or tenant of a building or premises shall properly maintain
all signs on his or her property. All signs, awnings and canopies,
together with their framing, supports, braces and anchors shall be
kept in repair and a proper state of preservation. The display surfaces
of all signs, awnings and canopies shall be kept neatly painted or
posted at all times, free from paint scaling or breaks, tears and
defacing.
B. Unsafe signs or unsightly, damaged, or deteriorated signs or signs
in danger of falling shall be removed upon written notice. If compliance
is not achieved within the time period specified in such notice, the
sign shall be repaired or removed by the Town and the costs assessed
to the property owner.
C. The owner or tenant of a building or premises shall remove all temporary signs within the appropriate timeframe required by §
31C-7E.
[Amended 11-13-2006 by L.L. No. 18-2006]
A. Any person failing to comply with a lawful order pursuant to this chapter or committing an offense against any provision of this chapter shall be guilty of a violation punishable by a penalty as set forth in Chapter
41A of this Code.
B. Failure to comply with the direction of any official of the Town of Orangetown when notice has been provided in accordance with §
24C-13 shall constitute a separate and distinct offense hereunder.
[Added 4-23-2007 by L.L. No. 3-2007]
A. When required.
(1) Property maintenance inspections of buildings or structures which
contain an area of public assembly shall be performed at least once
every 12 months.
(2) Property maintenance inspections of buildings or structures being
occupied as dormitories shall be performed at least once every 12
months.
(3) Property maintenance inspections of all multiple dwellings not included in Subsection
A(1) or
(2) and all nonresidential buildings, structures, uses and occupancies not included in Subsection
A(1) or
(2), shall be performed at least once every three years.
B. When permitted. In addition to the inspections required by §
24C-16A, a property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an inspector designated by the Building Inspector at any time upon:
(1) The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2) Receipt by the Building Inspector of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3) Receipt by the Building Inspector of any other information, reasonably
believed by the Building Inspector to be reliable, giving rise to
reasonable cause to believe that conditions or activities failing
to comply with the Uniform Code or Energy Code exist; provided, however,
that nothing in this subsection shall be construed as permitting an
inspection under any circumstances under which a court order or warrant
permitting such inspection is required, unless such court order or
warrant shall have been obtained.