[HISTORY: Adopted by the Town Board of the Town of Mamakating 11-18-2014 by L.L. No.
10-2014. Amendments noted where applicable.]
A.
The Town Board of the Town of Mamakating hereby determines that it
is necessary for the public health, safety and general welfare of
the residents of the Town of Mamakating to provide regulations where,
keeping in mind the use and location, properties within the Town are
kept reasonably clean and free from vermin, noxious weeds or growth
and disease-bearing insects, and are properly maintained to avoid
blight and nuisances, hazards, debris and litter. It is found and
declared that by reason of lack of maintenance and progressive deterioration,
properties and structures have the effect of creating adverse neighborhood
conditions. By reason of regulations and restrictions, the public
health, safety and welfare may be protected, blighted areas prevented
and the desirability and value of properties maintained.
B.
The Town Board recognizes the importance of bona fide farms and agricultural
operations and encourages such farms and agricultural operations in
the Town. Accordingly, it is not intended that this chapter shall
be applied to bonafide farms and agricultural operations within the
Town.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them. When not inconsistent with the context,
the present tense shall include the future and words used in the plural
shall include the singular and vice-versa.
The condition or appearance of a building, structure, vehicle,
machinery, equipment or other materials characterized by holes, breaks,
rot, crumbling, peeling, rusting or other evidence of physical decay
or neglect, excessive use or lack of maintenance.
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway, public lands or from any adjoining
or neighboring premises.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
Fully operational for the use intended.
A standard of maintenance that renders a building or structure
safe, habitable and possessed of a neat and orderly appearance.
The excessive presence of insects, rodents, vermin or other
pests.
Any public or private condition that would constitute a nuisance
according to the statutes, laws or regulations of the State of New
York, its governmental agencies or the laws and regulations of the
Town.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of premises where said condition exists.
Any waste material or any other matter attractive to vermin,
likely to breed disease or which presents a fire hazard, creates offensive
odors or otherwise is prejudicial to good health or is so unsightly
of appearance as to be offensive to surrounding properties.
Any person residing, living or sleeping in or on the premises
or having possession, use or occupancy of a building or premises or
any person or entity in possession of or using any premises or part
thereof, whether or not the owner thereof and regardless of the duration
of time of such possession, use or occupancy.
Includes any person or entity having any title or interest
in or to real property in any form, whether legal or equitable and
however acquired.
Includes an individual, a partnership, a joint venture, a
corporation, an association, a club and any other organization or
group and includes the owner and occupant of property and premises.
A building, dwelling, structure, open space, grounds and/or
land and anything erected on, growing on, placed on or affixed thereto.
Materials or substances discharged, discarded or rejected
as being spent, useless, worthless or in excess by the owner at the
time of such discard or rejection. Such waste shall include but is
not limited to garbage, sludge, rubbish, ashes, incinerator residue,
street cleanings, dead animals, refuse, abandoned vehicles, deteriorated
machinery or equipment, agricultural waste, industrial waste, commercial
waste and construction and demolition debris.
Work performed in a skillful manner or in a manner characteristic
of a skilled workman.
In furtherance of the purposes of this chapter, it shall be
the duty and responsibility of the owner, occupant and any other person
responsible for maintenance of the property or premises to comply
with any and all of the requirements and standards of this chapter
and to promptly remove, prevent or abate such conditions. No such
person shall be relieved of any duty, obligation or responsibility
hereunder nor be entitled to assert, as a defense against any charge
made against him or them for violation of this chapter, the fact that
another owner, occupant or any other person is also responsible and
in violation.
A.
The provisions of this chapter shall supplement federal, state and
local laws, codes or regulations. Where a provision of this chapter
is found to be in conflict with a provision of a federal, state or
local law, code or regulation, the more restrictive provision shall
prevail when legally permissible.
B.
This chapter shall not be enforced against a bonafide farm or agricultural
operation located within the Town.
A.
Scope. The provisions of this chapter shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
B.
Responsibility. The owner of the premises shall maintain the structures
and exterior property in compliance with these requirements, except
as otherwise provided for in this code. A person shall not occupy
as owner-occupant or permit another person to occupy premises which
are not in a sanitary and safe condition and which do not comply with
the requirements of this chapter. Occupants of a dwelling, rooming
unit or housekeeping unit are responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
C.
Vacant structures. All vacant structures and premises thereof of
vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety.
A.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupants shall keep
that part of the exterior property which such occupant occupies or
controls in a clean and sanitary condition.
B.
Grading and drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon.
C.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair, and maintained free from hazardous conditions.
D.
Grasses and weeds. All premises and immediate exterior property shall
be maintained free from grass, weeds or plant growth in excess of
10 inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, this term shall not include cultivated
flowers and gardens.
E.
Rodent harborage. All structures and exterior property shall be kept
free from rodent harborage and infestation. Where rodents are found,
they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to eliminate rodent harborage and prevent reinfestation.
F.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
G.
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
(1)
Gates. Gates which are required to be self-closing and self-latching
in accordance with the Building Code of New York State shall be maintained
such that the gate will positively close and latch when released from
a still position of six inches from the gatepost.
(2)
Swimming pools. Swimming pools shall be maintained in a clean and
sanitary condition, and in good repair.
(3)
Enclosures. An approved enclosure at least four feet in height shall
be provided around outdoor swimming pools so that such pools are inaccessible
to children. The enclosure may surround either the pool area or the
property.
H.
Motor vehicles. Except as provided for in statute or other regulations,
two or more inoperative or unlicensed motor vehicles shall not be
parked, kept or stored on any premises, and no vehicle shall at any
time be in a state of major disassembly, disrepair, or in the process
of being stripped or dismantled. Painting of vehicles is prohibited
unless conducted inside an approved spray booth.
I.
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 required 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:
(1)
Safeguard the property, premises and any structures and buildings
thereon;
(2)
Remove all equipment and materials or store such equipment and materials
to the satisfaction of the Building Inspector;
(3)
Remove or spread on site all piles of stone, soil or dirt;
(4)
Remove all garbage, refuse, waste and debris;
(5)
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 10 inches;
(6)
Install and maintain acceptable stormwater and erosion control measures.
A.
General. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
B.
Protective treatment. All exterior surfaces, including but not limited
to doors, door and window frames, cornices, porches, trim, balconies,
decks and fences, shall be maintained in good condition. Exterior
wood surfaces, other than decay-resistant woods, shall be protected
from the elements and decay by painting or other protective covering
or treatment. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, doors,
and skylights shall be maintained weather-resistant and watertight.
All metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion and all surfaces with rust or corrosion
shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
C.
Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
D.
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rodents and other pests.
E.
Exterior walls. All exterior walls shall be free from holes, breaks
and loose or rotting materials; and maintained weatherproof and properly
surface-coated where required to prevent deterioration.
F.
Roofs and drainage. The roof and flashing shall be sound and tight
and shall not have defects that admit rain. Roof drainage shall be
adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall
be maintained in good repair and free from obstructions. Roof water
shall not be discharged in a manner that creates a public nuisance.
G.
Decorative features. All cornices, beltcourses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
H.
Overhang extensions. All overhang extensions, including but not limited
to canopies, marquees, signs, metal awnings, fire escapes, standpipes,
and exhaust ducts, shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
I.
Stairways, decks, porches and balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
J.
Chimneys and towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe and
sound, and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
K.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
L.
Window, skylight and door frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weather tight.
M.
(Reserved)
N.
Doors. All exterior doors, door assemblies and hardware shall be
maintained in good condition. Locks at all entrances to dwelling units,
rooming units and guestrooms shall tightly secure the door. Locks
on means of egress doors shall be in accordance with the State Property
Maintenance Code.
O.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
P.
Guards for basement windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
A.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Every occupant shall keep that part of the structure which
such occupant occupies or controls in a clean and sanitary condition.
Every owner of a structure containing a rooming house, housekeeping
units, a hotel, a dormitory, two or more dwelling units or two or
more nonresidential occupancies shall maintain, in a clean and sanitary
condition, the shared or public areas of the structure and exterior
property.
B.
Structural members. All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
C.
Interior surfaces. All interior surfaces, including windows and doors,
shall be maintained in good, clean, and sanitary condition. Peeling,
chipping, flaking or abraded paint shall be repaired, removed or covered.
Cracked or loose plaster, decayed wood, and other defective surface
conditions shall be corrected.
D.
Stairs and walking surfaces. Every stair, ramp, landing, balcony,
porch, deck or other walking surface shall be maintained in sound
condition and good repair.
E.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
F.
Interior doors. Every interior door shall fit reasonably well within
its frame and shall be capable of being opened and closed by being
properly and securely attached to jambs, headers or tracks as intended
by the manufacturer of the attachment hardware.
A.
Accumulation of waste, rubbish or garbage. All exterior property
and premises, and the interior of every structure, shall be free from
any accumulation of waste, rubbish or garbage.
B.
Dry vegetation, combustible waste and refuse. Combustible waste,
refuse and large quantities of dry vegetation, which by reason of
their proximity to buildings or structures would constitute a fire
hazard or contribute to the spread of fire, shall be removed.
C.
Disposal of rubbish. Every occupant of a structure shall dispose
of all rubbish in a clean and sanitary manner by placing such rubbish
in approved containers.
(1)
Rubbish storage facilities. The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner
of the premises shall be responsible for the removal of rubbish.
(2)
Refrigerators. Refrigerators and similar equipment shall not be discarded,
abandoned, or stored on the premises accessible to children without
first removing the doors.
D.
Disposal of garbage. Every occupant of a structure shall dispose
of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers.
(1)
Garbage facilities. Except as otherwise provided by local law, the
owner of every dwelling shall supply one of the following: an approved
mechanical food waste grinder in each dwelling unit; an approved incinerator
unit in the structure available to the occupants in each dwelling
unit, or an approved leakproof, covered, outside garbage container.
(2)
Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
A.
Infestation. All structures shall be kept free from insect and rodent
infestation. All structures in which insects or rodents are found
shall be promptly exterminated by approved processes that will not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
B.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
C.
Single occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
D.
Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupant shall be responsible for extermination.
E.
Occupant. The occupant of any structure shall be responsible for
the continued rodent and pest-free condition of the structure, except
where the infestations are caused by defects in the structure, the
owner shall be responsible for extermination.
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 said 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 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. 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.
A.
In addition to and not in lieu of any other remedies, any person
who violates any provision of this chapter or who violates or fails
to comply with any lawful order promulgated hereunder shall be guilty
of a violation and, for a first conviction thereof, 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.
B.
Civil penalties and injunction. In addition to and not in lieu of any other remedies, the Town Board may also 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 injunction, the violation of this chapter or any order promulgated hereunder. The civil monetary penalties shall be in accordance with and not exceed the monetary penalties set forth in § 147-12A of this chapter.
C.
Each calendar day a violation occurs or continues shall constitute
and be deemed a separate and distinct violation.
