[Adopted 5-10-2006 by L.L. No. 1-2006]
This article shall be known as the "Commercial, Residential
and Mixed-Occupancy Property Maintenance Code of the Town of Lenox."
This article provides basic and uniform standards governing
the condition, occupancy and maintenance of commercial, residential
and mixed-occupancy premises for the purpose of establishing reasonable
safeguards for the safety, health and welfare of the occupants of
such premises, adjoining properties and the general public and the
enforcement of the New York State Property Maintenance Code.
[Amended 8-14-2017 by L.L. No. 8-2017]
This section shall incorporate the standards found in the Property
Maintenance Code of New York State, which shall be referred to in
this chapter as the "State Code." On January 1, 2003, the Property
Maintenance Code of New York State, based on the 2000 International
Property Maintenance Codes, became effective as part of the New York
State Uniform Fire Prevention Building Code of New York. This new
eight-volume series of building codes applies to all buildings in
New York State outside of New York City and as amended and renamed.
Under Section 106 of the State Code, violations of the State Code
shall be dealt with as provided for in local law.
A. Weeds. All premises and immediate exterior property shall be maintained
free from weeds or plant growth in excess of five inches (127 mm).
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. (NOTE: This section shall supersede the 2016 Chapter
8 IPMC Section 302.4 amendment to the 2015 IPMC.)
As used in this article, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of a
premises and which is located on the same lot.
COMMERCIAL PREMISES
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes,
including but not limited to offices, places of public assembly, shopping
centers, entertainment centers, restaurants, supermarkets, retail
stores, service businesses, wholesale stores, warehouses, manufacturing
or fabrication plants, assembly plants, gasoline stations and their
accessory structures.
MIXED OCCUPANCY
Occupancy of a lot in part for commercial use and in part
for other than commercial use, and their accessory structures.
OWNER
The owner of a parcel of real property as shown on the latest
tax assessment roll of the Town Assessor.
RESIDENTIAL PREMISES
A building or combination of buildings and the lot on which
the same is located, used wholly for residential purposes and their
accessory structures.
All commercial, residential and mixed-occupancy premises shall
be maintained in conformity with the provisions of this article.
All owners of commercial premises shall file and keep updated
a form with the Town's Building Official, which form shall contain
the name, address and telephone number of the owner's current
representative to be contacted in the event of emergency or violation
of this article.
Owners of commercial, residential, and mixed-occupancy premises
shall be responsible for compliance with the provisions of this article.
In the event that an owner of an occupied or unoccupied commercial, residential, and mixed-occupancy premises shall fail to maintain the same as required under this article, the Building Official or his authorized agent may, in lieu of or in addition to written violation, serve written abatement notice on the owner and the owner's representative and may cause such work to be undertaken by or on behalf of the Town of Lenox pursuant to the procedures set forth in §
96-14 of this article.
A notice of violation may be served on the owner as follows:
B. By delivering to and leaving a copy thereof with a person on the
commercial, residential, and mixed-occupancy premises of reasonable
age and discretion and by mailing copies thereof by both regular mail
and certified mail, return receipt requested, to the owner at the
owner's address as shown on the latest assessment roll of the
Town Assessor; or
C. By posting a copy in a conspicuous place on the exterior of a structure
on the commercial, residential, and mixed-occupancy premises and by
mailing copies thereof by both regular mail and certified mail, return
receipt requested, to the owner at the owner's address as shown
on the latest assessment roll of the Town Assessor.
D. A single service of violating § 60-3A shall be sufficient
notice for future violations of § 60-3A throughout the remainder
of that year's growing season.
[Added 8-14-2017 by L.L.
No. 8-2017]
In the event that an owner of an occupied or unoccupied commercial,
residential, and mixed-occupancy premises shall fail to maintain the
same as required under this article, the Building Official may, in
lieu of written violation and/or abatement notice, bring a proceeding
in the Town of Lenox Court to compel compliance with this article.