[HISTORY: Adopted by the Town Board of the Town of Stockport 12-1-2010 by L.L. No. 2-2011. Amendments noted where applicable.]
This chapter is enacted to provide for a sanitary and hazard-free environment for the citizens of the Town of Stockport. This type of environment is declared to be of vital importance to the health, safety and welfare of the citizens of the Town of Stockport.
Such enforcement is deemed essential to the maintenance and continued development of the economy of the Town of Stockport and the general welfare of its citizens. Therefore, recognizing the above and the need of the community for an effective and well-regulated procedure for the disposal of garbage and rubbish, and for the maintenance of residential and commercial premises, whether improved or vacant, the Town Board does hereby enact this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any stove, washing machine, dryer, freezer, refrigerator or other household device or equipment abandoned, junked, discarded, wholly or partially dismantled or no longer intended or in condition for ordinary use for the purpose for which it was designed originally.
- BUSINESS UNIT
- 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, restaurants, supermarkets, retail stores, warehouses, manufacturing or fabrication plants, gasoline stations and other business uses.
- Any refuse from animal and vegetable matter, waste food or parts thereof, refuse from kitchen, market, store or house, floor sweepings, table waste or animal or vegetable matter, meats, fish, bones, fan and all offal and organic waste substance or substances capable of decay.
- Garbage, refuse and rubbish as herein defined and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- A plot, tract, premises or parcel of land with or without buildings or structures located thereon, as surveyed or apportioned for sale or other purpose.
- MOTOR VEHICLE
- Includes any and all vehicles propelled or drawn by power other than muscular power, intended for use on public highways; any unregistered, old or secondhand motor vehicle or trailer; any motor vehicle in such condition or state of repair that it cannot be licensed immediately without extensive repairs; any abandoned, junked, discarded, wholly or partially dismantled motor vehicle no longer intended or in condition for legal use on the public highways or any vehicle incapable of passing a New York State inspection. This does not include inoperable farm or construction vehicles, equipment or machinery retained for the purpose of salvaging usable parts in connection with the ongoing operation of an on site farm or construction business, provided that such items are stored within a consolidated area out of the public view.
- MOTORIZED EQUIPMENT
- Includes, but not limited to power machines, lawn movers, motor, or parts that were once motorized equipment.
- A place other than a structure with a roof and fully enclosed on all sides.
- The person having legal title to the property and also the person shown as owner of the property on the current assessment rolls of the Town of Stockport.
- One or more persons of either sex, natural persons, corporation, partnerships, associations, joint stock companies, unincorporated associations, their agents or employees, society clubs and all other entities of any kind capable of being sued.
- PRIVATE PROPERTY
- Any real estate or part thereof, yard or driveway, other than that used as a public place, road, street or highway, situated in the Town of Stockport, but not including land used for agriculture purposes.
- REFUSE AND RUBBISH
- Plastics, combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches, yard trimmings, wood furniture and bedding. Also included is noncombustible trash, including but not limited to tires, metals, cans, plastics, metal furniture, small quantities of rock, brick and concrete, glass metal fixtures, bottles and street rubbish, street sweepings, dirt, leaves, catch basin dirt and contents of litter receptacle, ashes, dead animals, junked vehicles, solid market and industrial wastes, cardboard, leaves, crockery and similar materials.
- RESIDENTIAL PREMISES
- A building or combination of buildings used solely for personal living purpose of the occupants thereof, whether as owners or tenants thereof and not used for any business purposes.
- WASTE MATERIAL
- Includes, but is not limited to, waste produced by industrial or manufacturing process, including food processing waste, boiling house cinders, lumber scraps and shavings, tires and oils and large amounts of wood, concrete, rocks, bricks, sand and other wastes from building operations.
- An open space on the same lot which contains a building and is located between the building line and the lot line which the particular building line faces.
All residential premises and business units located within the Town of Stockport, whether improved or vacant, shall be maintained in conformity with the provisions of this chapter. This chapter does not apply to agricultural operations within the Town.
The provisions of this chapter shall supplement all local laws, ordinances, codes or requirements existing in the Town of Stockport and the other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this chapter is found to be in conflict with any provision of any existing local law, ordinance or regulation, the provisions or requirement which is more restrictive or which establishes the higher standard shall prevail.
Surface or subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.
Fences and other minor construction shall be maintained in a safe and substantial condition. This section shall not apply to fences used strictly for agricultural purposes.
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, and necessary repairs or replacement carried out.
Yards and vacant lots all be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
In business units, no outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time and all such garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings on the premises or in an acceptable enclosure and shall be regularly collected and removed from the premises.
Grounds, buildings and structures within the Town of Stockport shall be maintained free of insects, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform with generally accepted standards.
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
Residential and business units within the Town of Stockport, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter for a reasonable period of time in authorized private receptacles for collections.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling, disposal or garbage and refuse in accordance with the provisions of applicable codes.
It shall be unlawful for any person to throw, spill, place, deposit, leave or cause to be thrown, spilled, placed, deposited or left, or permit any agent, servant or employee to throw, spill, place, deposit or leave, in or upon any street, highway, alley, sidewalk, park or public building or in any running water or body of water within the Town of Stockport any garbage, refuse, rubbish, waste material or litter or filth, including but not limited to sewage, excrement, slops, dead carcasses, compost, ashes, soot or any material subject to be carried by the wind or unwholesome or putrescible matter of any kind.
It shall be unlawful for any person, as owner, occupant, lessee, agent or in any capacity, to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discharged, wholly or partially dismantled or unlicensed motor vehicle, other vehicle, motorized equipment, appliance, rubbish or debris as defined in this article upon private property within the limits of the Town of Stockport.
No appliance may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking device and all doors.
It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, having control of any occupied or unoccupied yard or any part thereof, in the Town of Stockport to permit or maintain on any such street, road, highway or alley adjacent to same between the property line and the curb or middle of the alley, or for 10 feet outside the property line if there be no curb, any growth of weeds, grass or other rank vegetation to a greater height then 12 inches on the average or any accumulation of dead weeds, grass or brush.
It shall be unlawful for any person, as owner, lessee, agent, tenant or otherwise, to throw, cast, spill or otherwise deposit or cause or permit to be thrown, cast, spilled or deposited any litter, rubbish and refuse, garbage, manure, offal or other decomposable organic or putrescible matter in or about any land or lot, vacant or otherwise, within the Town of Stockport.
Nothing in this section shall be constructed to prohibit the temporary storage of garbage, refuse and waste material awaiting removal, provided that such storage is accomplished by way of tightly covered containers or cans wherever practicable, nor shall this section be construed as prohibiting the depositing of manure or fertilizers upon any private property for the purpose of cultivating or improving the same.
An occupant or tenant of the premises shall be responsible for compliance with this chapter as if they were an owner.
Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor regardless of the fact that this chapter may also place certain responsibilities on tenants or occupants and regardless of any agreements between owners and tenants or occupants as to which party shall assume such responsibility.
Whenever any person or persons shall be in actual possession of, or have charge, care or control of any property within the Town of Stockport as executor, administrator, trustee, guardian, operator or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this chapter and shall be bound to comply with the provision of this chapter to the same extent as the record owner; and notice to any such person of any order or decision of the Code Enforcement Officer shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this chapter.
The Code Enforcement Officer of the Town of Stockport as designated by the Town Board shall have authority, as specified herein, to inspect all premises within the Town of Stockport to enforce the provisions of this chapter.
Whenever it shall appear that the provisions of this chapter are being violated, the inspector, shall, except upon plain view where no entry is necessary, secure approval from an owner, lessee, agent, tenant, or other person with authority, to make an inspection of the property and shall prepare a written report of the condition found.
If the condition existing on property violates the provisions of this chapter, the Code Enforcement Officer shall serve or cause to be served a written notice, by certified mail or personal service, upon the owner, lessee, agent, tenant or other person with authority over said premises, and simultaneously provide a copy of the same to the Town Board.
Said notice shall contain substantially the following: the name of the owner, lessee, agent, tenant or other person with authority over the premises; the identification of the premises as the same appears on the current assessment roll of the Town; a statement of the manner in which the premises is in violation of this chapter, and a demand that the same be brought into compliance in a reasonable period of time to be stated in the notice, such period not to exceed 90 days or be less than seven days from the date of service of the notice.
Upon the failure of the owner, lessee, agent, tenant or other person with authority over the premises to correct the violation after receipt of said notice and demand, the enforcement officer may file a complaint with the Town of Stockport Justice Court.
Every person convicted or violating this chapter shall for a first conviction thereof be punished by a fine of not more than $250 or by imprisonment for not more than 20 days or by both such fine and imprisonment; for a second conviction within 18 months thereafter, such person shall be punished by a fine of not more than $500 or by imprisonment for not more than 60 days or by both such fine and imprisonment; and upon third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $1,000 or by imprisonment of not more than 90 days, or by both such fine and imprisonment.
In addition to the above provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any section of this chapter.
It the event of the failure, refusal or neglect of the person so notified to comply with said notice and demand of the Code Enforcement Officer, the Town Board may provide for the amelioration of the condition or conditions in violation of this chapter either by Town employees or by contract, and shall charge the cost of such amelioration to the owner of the premises, said cost to be paid within 90 days of service of a bill by the methods set forth in § 89-17.
If the cost billed pursuant to § 89-16 has not been paid within 90 days of the date of service, the charge shall be assessed against the premises brought into compliance with the chapter, and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.