[HISTORY: Adopted by the Town Board of the Town of Stockport 12-1-2010 by L.L. No.
2-2011. Amendments noted where applicable.]
A.
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.
B.
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.
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.
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.
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.
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
An occupant or tenant of the premises shall be responsible for compliance
with this chapter as if they were an owner.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
