[Adopted 2-25-2013 by L.L. No. 1-2013]
This article shall be known and may be cited as the "Property
Maintenance Code of the Town of Fallsburg, Sullivan County, New York."
[Amended 10-17-2022 by L.L. No. 4-2022]
In order to prevent blight and/or adverse neighborhood conditions,
and the spread thereof, and to protect the public health, safety and
welfare, it is hereby declared that all property in the Town of Fallsburg
(the "Town"), improved or unimproved, including, but not limited to
residences, office buildings, shopping centers, supermarkets, retail
stores, discount houses, warehouses, manufacturing or fabrication
plants, factories, gasoline service stations, public garages, motor
vehicle repair shops or other business uses, whether occupied or vacant,
and accessory structures and unlicensed or junk vehicles located in
the Town of Fallsburg shall be maintained in conformity with the standards
set out in this chapter so as to assure that these structures and
properties will not adversely affect the neighborhood and the community
at large. It is found and declared that, by reason of lack of maintenance
and progressive deterioration, certain structures and properties have
the further effect of creating blighting conditions and initiating
slums, unhealthy, unsanitary and unsafe conditions and that if same
are not curtailed and removed, the aforesaid conditions will grow
and spread and will necessitate in time the expenditure of large amounts
of public funds to correct and/or eliminate. By reason of timely regulations
and restrictions as herein contained, the growth of slums and blight
may be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities of residential and nonresidential
uses and neighborhood enhanced and the public health, safety and welfare
protected and fostered.
The Housing Code of the Town of Fallsburg and the Uniform Codes of New York State shall supersede
any less stringent provisions of this chapter, which are in conflict
herewith. All other provisions of this chapter shall be applicable
to all properties within the Town of Fallsburg.
Accessory structures shall include, but not be limited to, garbage
sheds, carports, garages, pump houses, greenhouses, barns, etc.
A. Maintenance to exterior of buildings and accessory structures. Each
owner and occupant shall keep all exterior components of every structure
in good repair, including but not limited to walls, ceilings, floors,
roofs, chimneys, cornices, gutters, downspouts, drains, porches, steps,
landings, fire escapes, exterior stairs, windows, shutters, doors,
storefronts, signs, marquees and awnings. The use of tarps as a roof
covering shall be limited to not more than 30 days unless approved
by the Code Enforcement Office for a longer duration not to exceed
an additional 30 days.
B. All surfaces subject to deterioration shall be covered with protective
coatings, such as paint, plastic, vinyl, metal or other materials,
which will preserve the structure and does not contribute to deterioration.
C. All exterior surfaces shall be maintained free from breaks and deterioration,
including but not limited to broken glass, window and door screens,
loose or missing shingles and siding, crumbling brick, stone and mortar,
peeling, chipping, flaking, scaling, rusting or deteriorated paint.
All exterior metal surfaces subject to rusting shall have a protective
coating and kept free of rust.
D. Overhanging structures, including canopies, marquees, signs, awnings,
exterior stairways, fire escapes and other structures with overhanging
extensions shall be maintained in good repair, be securely anchored
to the structure and be protected from rust and other signs of decay
by application of a weather-protective material such as paint. Nonoperative
or broken electrical signs, lighting fixtures, electrical conduits,
etc., shall be repaired or removed. All obsolete signs, sign structures
and sign poles shall be removed.
E. The foundation of every building shall be maintained in good repair,
free from cracking, and be structurally sound. All mortared joints
shall be kept in well-maintained condition free from deterioration.
F. Exterior walls (including doors and windows), roofs and the areas
around doors, windows, chimneys and other parts of a building shall
be so maintained as to keep water from entering the buildings. Materials
which have been damaged or show evidence of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner.
Exterior walls, roofs and other parts of the building shall be free
from loose and unsecured objects and materials. Such objects or materials
shall be removed, repaired or replaced.
G. The owner of a vacated building shall take such steps and perform
such acts as may be required of him or her from time to time to insure
the building and its adjoining yards remain safe and secure and do
not present a hazard or blighting problem to adjoining properties,
the public or the surrounding area. All vacant structures shall be
secured in such a way as to prevent and deter entry.
H. Boarded-up structures shall have all exposed, visible wood used for
securing/boarding up the structure painted white or the primary color
of the structure. All boarded-up areas shall be cut to the size of
the opening and properly secured and fastened, with a minimum one-half-inch-thick
plywood.
I. Buildings and structures shall be maintained free of insect, vermin
and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform with generally accepted
practices and in conformance with all state and federal rules, regulations
and codes applicable thereto.
J. All sidewalks
and/or walkways within the Town of Fallsburg require a minimum of
four feet of unobstructed pavement at all times for pedestrian foot
traffic.
[Added 7-26-2021 by L.L. No. 3-2021]
Each owner and occupant shall keep all interior components of
every structure in good repair, including but not limited to walls,
ceilings, floors, roofs, chimneys, plumbing, drains and vents, porches,
steps, landings, fire escapes, windows, screens, doors, and cabinets.
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings
shall be maintained in a clean, safe, working and sanitary condition.
Every floor, exterior wall, roof and porch or other component thereto,
shall be maintained in a manner so as to prevent collapse of the same
or injury to the occupants of the building or to the public. All interior
surfaces shall be free of holes, deterioration and leaks.
All mobile homes shall be on a monolithic slab, full foundation or crawl space. All newly installed mobile homes shall be fully skirted as per §
310-5.12 of the Town Zoning Code. Mobile homes in existence prior to the enactment of this
section shall maintain existing skirting in good condition, and the
unit shall be fully skirted on four sides, and all water and sanitary
sewer lines shall be protected from freezing.
The following regulations as to store closings shall apply to
all hamlets in the Town of Fallsburg:
A. The store and surrounding area, i.e., garbage or dumpster area, shall
be left broom clean.
B. Storefront windows and the areas visible behind them shall be left
clean and fully closed.
C. Except for all permanent signs, all promotional signs and the tape
used to hold these signs in place must be removed from all surfaces.
D. The store owner/proprietor shall leave his or her telephone number
and address with the Police and Building Departments of the Town of
Fallsburg so he or she can be promptly contacted if necessary.
E. The store owner/proprietor shall make arrangements with the Code
Enforcement Office for a store-closure inspection within 10 days of
closing and receive the approval of the Code Enforcement Office.
F. Dumpsters and containers shall be removed from the property when
a store or business is closed.
[Amended ; 7-26-2021 by L.L. No. 6-2021; 10-17-2022 by L.L. No. 4-2022]
A. 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 enforcement officers are authorized to issue
violation notices and appearance tickets.
B. 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 five 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.
C. 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 or entity to whom such an order is directed shall comply
therewith immediately.
D. 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.
E. 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, including,
but not limited to, entry onto the property and remedy, correction
and/or abatement of the violation by the Town and its contractors.
All costs and expenses, including but not limited to 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. 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.
F. Notwithstanding the foregoing, a property owner who was cited for a violation of §
218-13 of this chapter shall be entitled to only one due process hearing each year. After issuance of the first notice of violation of §
218-13 in the calendar year, the property owner shall be afforded the due process hearing before the Town Board as provided in Subsection
E above. However, for each subsequent violation of §
218-13 during that calendar year, the property owner shall receive a notice of violation as provided in Subsection
B above and if the property owner fails to remedy that violation within the time period stated in the notice, then the Town shall have the right to abate and remove the violation at the property owner's expense. All costs and expenses shall be charged to the property owner, and if not paid, accessed and levied against the real property as provided in Subsection
E above. If the Town or its contractor or agent corrects or abates a violation of §
218-13A(1) or
(4) or (12)(e), then such correction or abatement may be accomplished by cutting and/or spraying.
[Amended 10-17-2022 by L.L. No. 4-2022]
A. In addition to and not in lieu of any other remedies, any person
or entity who violates any provision of this chapter or who violates
or fails to comply with any lawful order made hereunder shall pay
a monetary penalty not less than $50 and not more than $1,500 for
each offense, which penalty amount shall be assessed by the enforcement
officer in an amount determined at the reasonable discretion of the
enforcement officer. Any person or entity shall have the right to
contest the penalty amount in the state courts within 30 days of assessment.
All penalty amounts will include the costs and expenses incurred by
the Town with respect to the enforcement of this chapter and the collection
of said penalty.
B. In addition to and not in lieu of any other remedies, any person
or entity who violates any provision of this chapter or who violates
or fails to comply with any lawful order made hereunder shall be guilty
of a violation and, for a first conviction thereof in Justice Court,
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.
C. Civil penalties and injunction. A violation of this chapter is hereby deemed to be a nuisance and a hazard or detriment to the public health, safety and welfare. In addition to and not in lieu of any other remedies, the Town Board may 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 temporary restraining order and by temporary and permanent injunction, the violation of this chapter or any order made hereunder. The civil monetary penalties shall be in accordance with and not exceed the fines set forth in §
218-16B of this chapter.
D. Each calendar day a violation occurs or continues shall constitute
and be deemed a separate and distinct violation.
If any clause, sentence, paragraph, word, section or part of
this article shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall be
confined in its operation to the clause, sentence, paragraph, word,
section or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
This article shall take effect immediately upon filing in the
office of the Secretary of State and in compliance with all applicable
provisions of the law.