[HISTORY: Adopted by the Town Board of the Town of Lenox
as indicated in article histories. Amendments noted where applicable.]
[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:
A structure, the use of which is incidental to that of a
premises and which is located on the same lot.
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.
Occupancy of a lot in part for commercial use and in part
for other than commercial use, and their accessory structures.
The owner of a parcel of real property as shown on the latest
tax assessment roll of the Town Assessor.
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.
A.
The Building Official and/or authorized agent for the Town of Lenox
are jointly and severally designated as the administrators and shall
secure compliance with the applicable standards of this article.
B.
The Building Official shall designate such assistants and inspectors
as are necessary to effectively carry out enforcement of this article.
A.
The Building Official shall be charged with the duty of administrating
the applicable standards of this article.
B.
It shall be the duty of the Building Official:
(1)
To inspect and to cause inspection to be made of commercial, residential,
and mixed-occupancy premises within the scope of the applicable standards,
as necessary.
(a)
Inspectors shall be authorized and have the right, in performance
of their duties, to enter any commercial, residential, and mixed-occupancy
premises for purposes of inspection or any other reason necessary
to administer or secure compliance with this article.
(b)
Owners, agents, operators, occupants and tenants shall be responsible
for providing access to all parts of the commercial, residential,
and mixed-occupancy premises within their control to inspectors acting
in performance of their duties.
(2)
To investigate and to cause an investigation of all complaints of
alleged violations of this article. The Building Official shall keep
records of all complaints received, inspections made and violations
found regarding commercial, residential, and mixed-occupancy premises
regulated by this article.
(3)
To issue notices of abatement under this article.
(4)
To issue notices of violation of this article and to order, in writing,
the remedy of all conditions found to exist in or on any commercial,
residential and mixed-occupancy premises, and accessory structures
thereon, in violation of the provisions of this article and to state
in the notice of violation a thirty-day limit for compliance, except
in an emergency where conditions render the commercial, residential,
and mixed-occupancy premises unsafe for occupancy and/or unsafe to
adjoining properties and/or the general public, in which event there
shall be a forty-eight-hour limit for compliance therewith and, where
necessary, to order the vacating of the premises found unfit for occupancy.
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:
A.
Personally;
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]
A.
Every person or entity who shall fail to comply with a notice of
violation issued by the Building Official within the compliance period
stated in said notice shall be guilty of a violation of this article
and shall be subject to the penalties provided herein.
B.
Each and every day that a violation of this article exists following
expiration of the compliance period stated in a notice of violation
shall constitute a separate violation of chapter.
C.
The penalty for each and every violation of this article shall be
a fine of not less than $500 and not more than $1,000 or imprisonment
for a period not exceeding 15 days, or both such fine and imprisonment.
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.
A.
In the event that any owner of any occupied or unoccupied lot or
piece of land or any part thereof within the Town of Lenox shall fail
to maintain or repair the same as required by this article and/or
by Town ordinance, such owner may, in addition to or in lieu of other
remedies, be served an abatement notice by certified mail to his or
her last known address or place of residence, if known, and, if not
known, then to the address shown upon the records of the Town Assessor's
office for the mailing of tax bills. In the case of a corporate owner,
the notice shall be sent to the agent or a principal of the corporation
as shown in the records of the Town Assessor's office or, if
not so shown, then to the address shown upon the records of the Town
Assessor for the mailing of tax bills and, if not so shown, then to
the Secretary of State designated as agent for the service of process
in the State of New York.
B.
The abatement notice shall specify the provisions of the article
and/or Town ordinance deemed to have been violated, require the owner
to correct the condition within 10 days, and provide that if the owner
fails to do so, the Town of Lenox shall cause the required work or
repair to be made and assess a lien against the property for the cost
of the work or repair together with an additional ten-percent administrative
fee for costs of inspection and other incidental costs associated
with abating the condition. The notice shall advise the owner of the
right to a hearing, obtained by written request to the Town of Lenox
Town Board within the time specified for compliance by the notice.
The notice shall specify the provisions of the article and/or Town
ordinance deemed to have been violated and the right to a hearing
obtained by written request to the Town Clerk within 10 days of the
date of the notice. If the Town or its authorized agent determines
that an immediate emergency exists, the Town may undertake or cause
to be undertaken such work or repair prior to the expiration of the
ten-day notice period.
(1)
A violation of § 60-3A shall be corrected within 10 days
of the first service of notice. Future violations of § 60-3A,
in the same growing season, shall be corrected immediately.
[Added 8-14-2017 by L.L.
No. 8-2017]
C.
Should such owner fail to comply with the abatement notice, the Town
may cause the work or repair to be made by entering contracts therefor
and making payment out of available funds, except that, if the Town
determines that an emergency exists, the Building Official may order
the work or repair to be made by or on behalf of the Town. The Town
shall keep records of the cost of such work.
D.
Should the work or repair be performed by or on behalf of the Town after notice has been given pursuant to this article and the owner's time for compliance has run out, the Town of Lenox shall advise the owner, in writing, of the cost of such work or repair, together with an additional 10% for the administrative fee for costs of inspection and other incidental costs associated with abating the condition, and subsequent thereto, the owner shall have the right to request a hearing to challenge the cost of such work or repair within 10 days of said notice. The cost of the work or repair as finally determined together with the administrative fee and all incidental costs shall be assessed as a lien against the affected property. Notice shall be given to the Town Clerk specifying the property affected by lot and block numbers as the same appear on the Official Tax Assessment Map of the Town of Lenox, together with the costs incurred in undertaking such work or repair together with an additional ten-percent administrative fee for costs of inspection and other incidental costs associated with abating the condition, and from the hour of filing, the amount of the charges specified in said notice to the Town Clerk shall be a lien upon the property affected thereby. A copy of this notice shall be served by certified mail upon the owner of the affected property, in the manner specified in Subsection A above. The costs specified, if not paid by or on behalf of the owner within 30 days of notice, shall be added to and collected with the subsequent Town property tax levy, and shall bear interest and be enforced as provided by law for other Town taxes.
E.
No action for damages may be maintained against the Town or its agents
by reason of its failure to comply with any of the provisions of this
section.
