[HISTORY: Adopted by the Town Board of the
Town of Fallsburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-25-2013 by L.L. No. 1-2013[1]]
[1]
Editor's Note: This local law superseded former Art. I, Adoption
of Standards, adopted 9-26-2006 by L.L. No. 4-2006
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[1] 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.
A.
Open areas.
(1)
No shopping baskets, carts or wagons shall be left unattended or
standing, and such baskets, carts or wagons shall be regularly collected
and removed to the interior of the building or buildings from which
they were taken by the person responsible for such building or buildings.
(2)
No soda, candy, cigarette or other vending machines shall remain
outside a building once the business for which it was connected has
closed for the season, either permanently or temporarily.
(3)
Sump pumps. Sump pumps or any other similar devices shall not discharge
in such a manner as to cause a public nuisance to roadways, public
rights-of-way, sidewalks, private property or in any manner which
may cause an accumulation of stagnant water, icing or damage to the
exterior or interior of any properties by the discharge of such devices.
The discharge of sump pumps and similar devices into the Town of Fallsburg
sanitary sewer system shall be prohibited.
(4)
Gutters and storm drainage. Roof drains, gutters, downspouts, footing
drain discharges shall be maintained in good repair, free from obstructions
and properly secured to the structure. Discharge shall be directed
in such a manner so as to prevent any negative effect or pooling of
waters to neighboring properties. The drainage of roofs, gutters,
footing drains, paved areas, yards and courts, and other open areas
shall not be discharged in such a manner that creates a public nuisance,
hazard, unsanitary condition or promote the pooling of stagnant water.
The discharge of gutters and storm drainage piping into the Town of
Fallsburg sanitary sewer system shall be prohibited.
(5)
LP tanks (propane) shall not be installed within 60 inches of any
opening window, door or fresh-air intake of any type dwelling and
shall be installed on a level, hard surface. Storage of LP tanks for
sale shall be protected by the installation of barriers approved by
the Code Enforcement Office as per New York State Uniform Codes.
(6)
Posters, ads, circulars, flyers, signs and other such billings shall
be prohibited from being hung or displayed on the exterior of any
buildings, public utilities, vending machines, properties, etc. When
hung on the inside glass, not more that 20% of the total glass shall
be used for postings, signs or advertisements. All aspects of the
Fallsburg Sign Law shall be applicable.[1]
(7)
All yards, courts or lots shall be kept free of accumulations of
trash, garbage waste, rubbish, refuse, junk, animal excrement, tires,
vehicle parts, dead or fallen trees and other harmful, poisonous or
offensive materials or substances which may cause a fire hazard, unsanitary
conditions or may act as a breeding place for vermin, rodents or insects.
Ail garbage dumpsters shall be regularly and properly emptied such
that the lids remained closed and there is no overflow of waste.
[Amended 12-22-2014 by L.L. No. 8-2014; 10-17-2022 by L.L. No. 4-2022]
(8)
All portions of premises, including but not limited to streets and
driveways, shall be graded and, if necessary, stormwater or drainage
structures shall be installed so that there is no pooling of water
or entrance of water into any building or onto any adjoining property
[Amended 10-17-2022 by L.L. No. 4-2022]
(9)
The draining of swimming pools and other similar water containment
pools, containers, barrels, tanks, ponds, etc., shall be emptied or
discharged in a manner as to prevent runoff onto adjoining or other
nearby properties or structures and shall not be discharged in a manner
that creates a public nuisance or unsanitary or unsafe condition.
(10)
Magazines
and magazine holders and/or displays shall be prohibited from being
placed on the exterior of a business. Magazine holders and/or displays
that are made specifically to protect magazines from the elements
shall be permitted on the exterior of a business so long as they do
not reduce the pedestrian walkway to less than 48 inches at any point
of measurement.
[Added 7-26-2021 by L.L. No. 8-2021]
(11)
All
septic systems shall be properly installed, repaired and maintained
in accordance with applicable laws and regulations and in a manner
such that the septic system does not fail or otherwise discharge substances
in an unlawful, improper or unsanitary manner.
[Added 10-17-2022 by L.L. No. 4-2022]
(12)
Construction
sites. If substantial construction activity ceases for 30 days, then
the owner and any other person responsible for construction or property
maintenance shall take such steps and perform such acts as may be
necessary or required by the enforcement officer to ensure that the
property and premises remain safe, secure, clean and in compliance
with the requirements for vacant property and the other applicable
provisions of this chapter, and including but not limited to the following:
[Added 10-17-2022 by L.L. No. 4-2022]
(a)
Safeguard the property, premises and any structures and buildings
thereon;
(b)
Remove all equipment and materials or store such equipment and
materials to the satisfaction of the enforcement officer;
(c)
Remove or spread on site all piles of stone, soil or dirt;
(d)
Remove all garbage, refuse, waste and debris;
(e)
Mow or cut grasses and other growth so as to prevent excessive
and/or noxious growth, nuisance, and deterioration of structures and
to prevent the property and premises from harboring insects, rodents,
vermin or other pests. Grasses on the property shall be kept mowed
or cut to a height not to exceed six inches; and
(f)
Install and maintain acceptable stormwater and erosion control
measures.
A.
All premises and landscape elements shall be maintained in a safe
and sanitary condition, including but not limited to steps, walks,
driveways, fences, retaining walls, trees, shrubs, grass and weeds.
If any such area or object constitutes a danger to health or safety,
it shall be repaired, replaced or removed. It shall be the duty of
every property owner to maintain all driveways, walkways, steps, sidewalks,
etc., free of ice and snow or other conditions which may make passage
hazardous to the occupants, general public, emergency personnel and
equipment, within 24 hours of cessation of inclement weather or any
circumstances causing such hazardous conditions.
B.
All fences, retaining walls or similar structures shall be firmly
anchored in the ground and maintained in good structural repair. Wooden
elements or other elements subject to deterioration from weathering
shall be maintained with chemicals, stain or paint to preserve the
wood and retard deterioration. Wooden fences shall be kept in good
repair and free from broken, damaged, rotted areas. Chain link fences,
gates, slats, posts and rails shall be maintained free of damage,
rust and breaks.
C.
All properties within the Town of Fallsburg having one or more structures
100 feet or more from the edge of any road shall maintain all access
driveways and other areas deemed necessary by the Code Enforcement
Officer for access by emergency services free of snow, ice and other
hazardous conditions within 24 hours of cessation of inclement weather
or any circumstances causing such conditions in order to allow for
safe, unhindered access of emergency service equipment and personnel.
Locked gates and fences shall be provided with a Knox-Box® or
equivalent for emergency service access.
D.
Properties having private fire hydrants shall ensure all hydrants
display an approved hydrant marker and shall maintain a clear path
of not less than four feet up to and around all hydrants located on
the property. All private hydrants shall be maintained in working
condition at all times. Overhanging tree branches, bushes and shrubs
shall be maintained in a manner that shall provide unobstructed access
to hydrants.
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.
A.
The owner of every rental dwelling shall provide properly fitted
window screening for each window or a habitable room from May 1 to
October 1.
B.
All commercial and residential rental properties shall be maintained
free of all types of interior mold at all times. The areas covered
by this section shall include, but not be limited to, basements, enclosed
porches, crawl spaces, attics, attached garages, hallways and all
habitable areas.
C.
Mechanical ventilation discharge to the outside shall be provided
in bathrooms containing a shower or tub in rental dwellings when an
operable window is not present. Exceptions are at the discretion of
the Code Enforcement Officer.
D.
Smoke detectors shall be installed in each bedroom and outside of
each bedroom within 10 feet of the entrance of each bedroom.
E.
A minimum of one carbon monoxide detector shall be installed at the
lowest level containing a sleeping area within 15 feet of a sleeping
area. An additional carbon monoxide detector shall be required at
any level of a structure that contains a CO2 producing device and in all common areas of multifamily structures.
F.
The owner of every rental property shall provide garbage and recycling
services and containers for each rental unit.
G.
Portable space heaters shall be prohibited as a primary heat source
within all multifamily dwellings.
H.
GFI receptacles shall be installed at every electrical outlet within
24 inches of a water source (measured from the faucet to the edge
of the receptacle).
I.
All rental properties shall provide a minimum sixty-four-square-foot,
one-hour fire-rated ceiling above any fuel-fired boiler or furnace
and to any combustible walls within 24 inches of all sides of the
unit located within the structure.
B.
In residential zones, all storage for a continuous period exceeding
15 days shall be effectively screened from view. However, the storage
of functional items such as children's play structures, bicycles and
outside lawn furniture shall be exempt from this provision.
C.
The outdoor storage of tires shall be prohibited.
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.[1] 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.
A.
Any structures built on piers where the floor is 10 inches above
the ground or higher shall require skirting on all sides from the
floor to the ground.
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.
A.
It shall be unlawful for any owner, lessee or occupant, or any agent,
servant, representative or employee thereof, having control of any
occupied lot or land, or any part thereof, in the Town to:
(1)
Permit or maintain on any lot or land any growth of grass, weeds
or other rank vegetation to a greater height than six inches on the
average, starting from the edge of any road(s) bordering the property
and a minimum to the rear line of the primary structure located on
the property.
(2)
Permit the continued accumulation of dead weeds, grass, brush, tires,
vehicle parts, leaves and dead or fallen trees and branches.
[Amended 12-22-2014 by L.L. No. 8-2014]
(3)
Cause, suffer or allow poison ivy or oak, or other poisonous plants
and vegetation detrimental to human or animal health, to grow on any
lot or allow such plants or vegetation to extend onto or border any
public place or to allow seed, pollen or other poisonous particles
or emanations therefrom to be carried through the air into any public
place.
(4)
Fail to cut and remove or to kill by spraying, or to cause to be
cut and/or killed by spraying, all such weeds, grass and or rank,
poisonous or harmful vegetation as often as may be necessary to comply
with the provisions; provided, however, that cutting or removing or
killing by spraying such weeds, grass and vegetation at least every
14 days between April 15 and November 15 shall be deemed to be in
compliance with the terms and provisions of said section.
[Amended 7-26-2021 by L.L. No. 4-2021]
(5)
Rake, blow, place, leave, shovel, plow or allow leaves or cut grass,
tree or brush branches, snow or any other debris into the street,
roadside ditches or culvert areas or any other similar areas that
may cause a hazardous condition.
[Amended 7-26-2021 by L.L. No. 4-2021]
(6)
Allow trees and shrubs which have branches projecting into the public
right-of-way, including public sidewalks, public places or public
highway. All protruding branches shall be kept trimmed to prevent
the interference with any person or vehicle lawfully using the right-of
way. Trees and branches considered to be a threat to the public by
the Code Enforcement Officer shall be trimmed or removed immediately
upon notification.
(7)
It
shall be prohibited to plow snow across or onto any Town, county,
or state roadway in a manner that could cause a hazard to vehicular
traffic.
[Added 7-26-2021 by L.L. No. 4-2021]
B.
It shall be the duty of any and every owner, lessee or occupant of
any lot or land upon which is located a sediment/retention basin to
perform all necessary maintenance work that may be required to insure
the proper operation of all sediment or retention ponds. This may
include grass cutting, sediment removal, or removal of any other impediment
that may obstruct the proper operation of the sediment pond.
A.
JUNK VEHICLE
PERSON
UNLICENSED VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any motor vehicle, whether automobile, bus, truck, motorcycle,
trailer, mobile home, camper, construction or office trailer or any
other contraption originally intended for travel on public highways,
which is abandoned, stored outdoors, left or located by its owner
or any other person, or is permitted or condoned to be abandoned,
stored, left or located by its owner or any other person, on private
property in the Town of Fallsburg and outside any junk yard establishment
duly licensed by the Town pursuant to the Code of the Town of Fallsburg,
which junk vehicle is unregistered by the State of New York or any
other state or not in operation and does not bear a valid New York
State inspection sticker in the current year or a valid inspection
sticker of any other state for the current year. A vehicle that does
not display a current license plate or displays an expired license
plate shall be presumptive evidence of the fact that such vehicle
is not currently registered.
Any individual, person or persons, firm, partnership, corporation,
whether business, membership, religious, charitable or otherwise,
any association or other unit owning real property in the Town of
Fallsburg or owning a junk or unlicensed vehicle.
Any motor vehicle intended for use on the public highways
that does not display a valid license plate that matches the state
registration but displays a valid/unexpired state inspection sticker
on the vehicle.
B.
Vehicle covering. The covering of any unlicensed vehicles in the
Town of Fallsburg, as defined by this section, shall be with a fitted
car cover and properly secured. The use of tarps or similar materials
shall be prohibited.
C.
Storage of unlicensed/junk vehicles.
(1)
The outside storage of two or more inoperable or unlicensed vehicles
on any property shall be prohibited. No vehicle shall be at any time
in a state of major disassembly, disrepair, or in the process of being
dismantled or stripped. The painting of vehicles is prohibited unless
conducted inside an approved painting booth. Inoperable or junk vehicles
must be stored within an enclosed building. The storage of vehicles
defined as "unlicensed" shall be prohibited outside any junkyard establishment
duly licensed by the town pursuant to the Code of the Town of Fallsburg.
(2)
The outside storing, parking, placing, abandoning, repairing of any
vehicle that is unregistered and not displaying a current state inspection
sticker or is no longer intended for or in the condition for legal
use on the public highways or in a major state of disrepair or disassembly
and is defined as a "junk vehicle" on any property shall be strictly
prohibited. Such vehicles shall be stored inside and screened from
public view. The use of any such vehicles as storage shall be prohibited.
The storage of vehicles defined as a "junk vehicle" shall be prohibited
outside any junkyard establishment duly licensed by the Town pursuant
to the Code of the Town of Fallsburg.
(3)
Exemptions. Recreational vehicles used for legitimate sporting events
shall be exempt, including, but not limited to, stock cars, dragsters,
dirt bikes, etc. and shall not exceed a total of three in any combination
per property.
D.
Removal procedure of junk vehicles. Any "junk vehicle," as defined
by this chapter, may be removed from the premises on which it is located
by the Town of Fallsburg in the manner hereinafter provided:
(1)
The Enforcement Officer, upon detecting a junk vehicle, either abandoned,
stored, placed or parked on a property within the Town of Fallsburg
shall serve written notice on the person owning the property and,
if known, the last registered owner of the vehicle, ordering such
persons to remove the vehicle within 15 days of such service by certified,
return receipt mailing. If such premises is owned by more than one
person, certified, return receipt mailing on any one owner shall suffice.
A violation notice shall be affixed upon the vehicle a minimum of
three days prior to removal and a dated picture of the vehicle and
posting are to be made part of the property's permanent file at the
Office of Code Enforcement. Code Enforcement shall provide a written
description of the vehicle and, if obtainable, a vehicle identification
number to the Fallsburg Police Department upon removal. The 15 days
to removal shall commence from the date of personal service or the
date of mailing, whichever comes first. Any cost incurred for the
removal of junk vehicles plus a sum equal to a 50% of such costs for
inspection and other additional costs in connection therewith, thereof
shall be added to the ensuing year's real property tax bill for the
premises. If the Enforcement Officer has received proper notification
from the property owner within the fifteen-day period that the junk
vehicle was abandoned on his property by another and has been unable
to identify the last registered owner, the junk vehicle shall be removed
at no cost or penalty to the property owner.
E.
Right
of entry. The Town Code Enforcement Officer and other authorized representatives
of the Town have the right to enter and inspect, at any reasonable
hour, any premises on which vehicles are openly stored and to inspect
such vehicles.
[Added 7-26-2021 by L.L. No. 5-2021]
[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.
