[HISTORY: Adopted by the Board of Trustees of the Village
of Camillus 4-21-2014 by L.L. No.
1-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire and building code enforcement — See Ch. 53.
Solid waste, littering — See Ch. 61.
Stormwater management and erosion control — See Ch. 65.
Rental dwelling registration and inspection — See Ch. 86.
Streets and sidewalks — See Ch. 94.
[1]
Editor's Note: This local law also repealed former Ch. 82,
General Property Maintenance Law, adopted 5-6-2013 by L.L. No. 1-2013
This Chapter 84 shall be known as the "General Property Maintenance Law."
A.
It is hereby declared to be the policy of the Village Board of Trustees
to provide for the proper use of land, including improvements constructed
thereon; to deter, prevent and cause the timely removal of unsafe,
unhealthy, hazardous or dangerous conditions arising from a variety
of conditions, including, without limitation, the growth and accumulation
of brush, grass, rubbish and weeds, the growth of poisonous shrubs
or weeds, the accumulation of stagnant and standing waters, deteriorated,
damaged or poorly maintained lands and improvements, conditions likely
to cause or contribute to the presence or infestation of insects,
vermin and disease, dangerous fumes and odors, and other similar conditions,
thus also exposing properties and neighborhoods to the potential for
similar deterioration, illegal occupancies and conduct; and otherwise
to address the failure of general property repair and maintenance
and incidences of public nuisance(s) and to protect the public health,
safety and general welfare of the residents of this Village.
B.
By this chapter, the Village Board of Trustees seeks to remove such dangers to health, life and property by requiring owners (as such term "owner" is defined herein) of land and of improvements thereon to cut, trim or remove brush, grass, rubbish and weeds, to spray with herbicides, cut, trim, remove and destroy poisonous shrubs and/or weeds, to mitigate or remove the accumulation of stagnant and standing waters, and to address such other adverse conditions affecting their real property and improvements as described in § 84-2A hereof, and to generally correct the failure of real property maintenance and repair, including both minor and major, and such structural, systemic and adverse aesthetic/cosmetic conditions and concerns and, upon their failure, refusal or inability to do so, to cause the same to be done and to assess the costs against the real property on which such conditions are found. Where such conditions present an emergency or similar circumstance, posing an imminent threat or danger to persons or property due to the increased risk to bodily injury or significant property damage, or where same results from recurring violation (of owner), this chapter also provides a means for timely and effectively addressing such circumstance.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes the following:
The owner of the real property upon or within which any conditions
required to be addressed pursuant to this chapter are located.
The owner of real property immediately fronting on a portion
of any highway, street or road of the Village of Camillus, upon which
portion any rubbish ordered removed pursuant to this chapter is located.
Any other person or entity who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without accompanying actual possession thereof, or shall have
possession, charge, care or control of any dwelling unit as owner
or as executor, executrix, administrator, administratrix, trustee,
receiver or guardian of the estate or as a mortgagee or lienor in
possession, regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit shall be deemed to be a co-owner with the lessor
and shall have joint responsibility over the portion of the premises
sublet or assigned by said lessee.
The respective obligations and responsibilities of the owner
on one hand and any occupant, possessor or tenant on the other shall
not be altered or affected by any agreement or contract by and between
any of the aforesaid or between them and other parties. As between
a holder of legal title, persons in possession, lessee or sublessee,
or mortgagee of a property abandoned or known to be in foreclosure,
or otherwise a mortgagee in possession, each such party shall be presumed
as responsible for any conditions or violations cited hereunder and
as a party upon whom notice shall be deemed good and sufficient as
against all such responsible parties, subject to the right of such
party to rebut the same pursuant to the hearing provisions hereunder.
The foregoing persons are intended to describe and define all
such persons responsible or potentially responsible for a violation
of the property maintenance requirements herein, including those who
commit or allow the commission of same by their respective acts or
omissions, as well as those who by applicable law or contract are
charged with or have assumed such responsibility or liability. The
failure of a person duly noticed hereunder to object to the determination
of the Village that they are a person legally responsible for the
real property and/or potentially liable for a violation under this
chapter shall be presumptive on the issue of responsibility and liability
for any such violation determined to exist. Such objection may be
introduced by such person or other credible witness having personal
knowledge at the hearing provided for hereunder, or by submission
of an affidavit and other documentary evidence to and received by
the Village not less than two days prior to the date of any hearing
that is not based upon an emergency providing for less such notice,
and shall otherwise be provided to the Village Board in such manner
as to ensure actual notice. The Village Board shall consider all such
evidence in making any determination that a person duly noticed is
a responsible and liable person hereunder. The Village Board may consider,
where more than one responsible and liable person exists, and for
good cause, whether or not to proceed or not proceed against such
person or persons.
Includes any individual, society, club, firm, partnership,
limited liability company, corporation, trust or other entity, or
an association of persons, including parents, subsidiaries and affiliates,
where appropriate. Reference herein to the singular number shall include,
where applicable, the plural number.
The real property, as improved, including any surface or
subsurface conditions, items or substances, personalty or fixtures
situate thereon, dwellings, buildings or other structures and improvements
upon or within which any conditions required to be addressed pursuant
to this chapter are located. The real property is also sometimes hereafter
referred to as "property" or "premises."
Includes the following:
Lumber, junk, trash, debris, building materials, mounds of dirt
or any other deleterious materials.
Any abandoned, discarded or unused objects or equipment, such
as automobile parts, furniture, stoves, refrigerators, freezers, cans,
containers or vehicle tires.
Any compost pile which is of such a nature as to spread or harbor
disease, emit unpleasant odors or gas, or attract rodents, vermin
or other disease-carrying pests, animals or insects.
Any unsanitary matter or materials.
Refuse, rubbish and garbage, as said terms are defined in Chapter 61, Solid Waste, Litter, Hauler Regulation and Borrow Policy, of the Code of the Village of Camillus.
Tree trimmings or grass trimmings, brush or shrubbery trimmings,
trees, brush or shrubbery or portions thereof severed from their roots
or uprooted trees, brush or shrubbery.
Any other substances, whether liquid, solid, organic, inorganic,
and regardless of how or whether packaged, bottled or stored, commonly
considered as waste product, hazardous or expired and past its useful
life, or ineffective for such, or any other reasonable and commonplace
use as a result of its condition.
However, for purposes of this chapter, the term "rubbish" shall not include any of the foregoing if stored in containers or plastic container bags conforming to the requirements of Chapter 61 of the Code of the Village of Camillus or tied in bundles conforming to the requirements of said Chapter 61.
An assembly of materials forming a construction framed of
component structural parts, which exists for any occupancy or use.
A.
Any person being the owner of real property in the Village of Camillus
shall be required to cut, trim or remove brush, grass, rubbish or
weeds or to spray with herbicides, cut, trim, remove or destroy poisonous
shrubs or weeds upon his lands and to mitigate or remove the accumulation
of standing waters and correct the failure of general property maintenance
when ordered to do so by a Village officer or authorized agent.
B.
No person being the owner of real property in the Village of Camillus
shall permit or maintain any growth of grass or weeds or other noxious
growth or objectionable growth to a height more than 10 inches on
any part of said real property, whether occupied or unoccupied, or
on the area between the property line of an adjacent public highway
or sidewalk and the pavement edge of the road. Excepted from this
requirement shall be such landscape improvements consisting of flowers,
shrubs and the like and which, to a reasonable person, would be considered
a landscape improvement and not, by way of example, an overgrowth
of wildflowers, plants or shrubs.
C.
No person being the owner of real property in the Village of Camillus
shall permit, maintain, deposit or scatter any rubbish over the premises
of public property or private property.
D.
Any person being the owner of real property in the Village of Camillus
shall maintain the exterior of every structure or accessory structure,
including fences, in good repair, and all surfaces thereof shall be
kept painted and finished where necessary for purposes of preservation
and appearance. The same shall be maintained free of broken glass,
loose shingles, crumbling stone or brick, excessive peeling of paint,
graffiti or other conditions reflecting weathering or deterioration
or inadequate maintenance. The standard to which same shall be maintained
is that it shall reflect a reasonable level of maintenance in keeping
with the standards of the local community and shall not constitute
a blighting factor for adjoining or nearby property owners or a contributory
element leading to the progressive deterioration of the neighborhood
or local community.
E.
The owner of real property in the Village of Camillus shall ensure
that all ground surface hazards or unsanitary conditions, for example,
holes, excavations, breaks, projections and excretion of pets and
other animals, on paths, walks, driveways, parking lots and parking
areas and other parts of the premises which are accessible to and
used by persons on the premises, shall be filled and repaired, walks
and steps replaced and other conditions removed where necessary to
eliminate hazards or unsanitary conditions.
F.
The owner of real property in the Village shall ensure that surface
and subsurface waters of every kind, type and size (including, but
not limited to, swimming pools, sump pump drains, or drainage and
detention basins and ponds, man-made or otherwise) shall be maintained
and controlled and, when drained, shall be drained in such a manner
as to prevent damage to on-site and adjacent buildings and structures
and to prevent the occurrence or continuance of stagnant waters causing
offensive odors, growths and/or appearances. Gutters, culverts, catch
basins, drain inlets, stormwater and sanitary sewers or other satisfactory
drainage systems shall be provided and utilized where necessary and
appropriate. In no case, except where expressly permitted by the Village
or as part of a previously established and unaltered natural drainage
flow, shall waters from any rain, storm or surface water drainage
systems or as a result of grading activities be allowed to pool or
settle on or flow over adjoining properties, including any public
sidewalks, streets, rights-of-way or other public property. The foregoing
shall be in addition to and separate from any requirements of the
Village Code relating to stormwater management and erosion and sediment
control.
G.
The owner of real property in the Village shall ensure that all structures
and premises subject hereby shall be kept free of the following conditions:
dead and dying trees, limbs or other natural growths which, by reason
of rotting or deteriorating conditions or storm damage and weathering,
constitute a hazard to persons on the real property or in the vicinity
thereof, including adjacent and nearby properties; trees shall be
kept pruned and trimmed to prevent such conditions; loose and overhanging
objects and accumulations of ice and snow which, by reasons of location
above ground level, constitute a danger of falling on persons in the
vicinity thereof.
H.
The owner of real property in the Village shall ensure that such
real property shall not violate any other provision of Village Code,
New York State or federal statutes or regulations promulgated thereunder
and which includes requirements or standards relative to the maintenance,
repair, use, condition or related circumstance of real property, and
including specifically, but without limitation, the New York Property
Maintenance Code and other New York State Uniform Code provisions
referenced/incorporated therein.
I.
The owner of real property in the Village shall ensure that, in addition
to the foregoing specific standards, no other condition shall exist
on such property which constitutes or is defined as a nuisance under
any other provisions of the Village Code, including without limitations
such other provisions of the Village Code which may authorize the
removal of a specifically described item, object or condition on or
affecting real property or the owners and occupants of adjacent or
nearby real property (such as, but not limited to, abandoned vehicles)
or which may require the cessation of, or otherwise regulate abnormal
or objectionable conduct and the like on or about the real property.
The term "nuisance" shall also be held to embrace public nuisance,
as known at common law or in equity jurisprudence, i.e., condition(s)
dangerous to human life or detrimental to health. Accordingly, and
by way of example and not limitation, any building or erection or
part or cellar thereof, if overcrowded with occupants or not provided
with adequate ingress and egress to and from the same or the apartments
thereof or if not sufficiently supported, ventilated, sewered, drained,
cleaned or lighted in reference to its intended or actual use.
J.
No owner of any real property in the Village of Camillus shall permit
or allow to be permitted the accumulation of ice and snow on the sidewalks
in front of his or her respective property during the wintertime.
All such persons shall remove all such snow and/or ice from the sidewalks
in front of his or her respective property during the wintertime and,
when ice cannot be removed, to cover the same with salt, sand or similar
material in such a manner as to enable one to walk thereon with safety.
K.
The owner of any real property in the Village of Camillus shall ensure
that no motor vehicle or trailer within such owner or occupant's control
shall be stopped, parked or standing in a fire lane established pursuant
to the Village Code or other applicable law and that no motor vehicle
or trailer owned, possessed by or registered to him or her which is inoperable,
unregistered or uninspected, or the registration or inspection of
which has expired, or which is without valid and current license plates
affixed to it, shall be parked or placed on the premises or the public
sidewalks, streets or ways contiguous to or fronting such real property
or in violation of the Village Code.
[Amended 4-16-2018 by L.L. No. 2-2018]
A.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance
or code, that provision which establishes the higher standard for
the promotion and protection of the health and safety of the people
shall prevail.
B.
Nothing in this chapter shall be deemed to abolish, restrict or impair
any other existing rights and remedies of the Village, its officers
or agencies or of other governmental authorities or private persons
relating to the subject matter.
C.
No license or permit or other certificate of compliance with this
Code shall constitute a defense against a violation hereunder or any
violation of any other law or regulation applicable to any structure
or premises or use of such structure or premises, nor shall any provision
herein relieve any owner, operator, tenant or occupant from complying
with any such other provision or any official of the Village of Camillus
from enforcing any such other provision.
D.
It is specifically found and provided herein that in remedying certain
conditions related to or affecting the aesthetic/cosmetic appearance
of real property, subject to the provisions of this chapter, certain
remedies elected by the Village may address some aspects of the violation
in a satisfactory manner; however, in many cases not improving or
even worsening the appearance of the real property. Examples of same,
without limitation, are: boarding over broken windows, doors; removing
means of access (stairs or constructing barriers to same). In such
cases, if it is determined that such remedy(ies) may tend to increase
the appearance of blight and thereby adversely impact the neighborhood,
it shall be within the Village's discretion, reasonably based, in
such cases to fashion such remedy(ies) as might improve the appearance
of the premises. Accordingly, doors or windows may be replaced, real
property exteriors painted or stained or otherwise finished, windows
repaired or replaced, and landscape improved, provided that in doing
so the Village shall take due and reasonable consideration of the
cost of same, the need for such a remedy, the effect on improving
neighborhood character, and the potential effect on market value of
the real property as a result of same.
A.
Service of notice.
(1)
Whenever the Village Clerk or other authorized employee or officer serves or causes the service of notice in the manner required hereinafter, citing a violation under this chapter and requiring an owner(s) address any condition specified in § 84-4 in the manner required hereunder, such notice shall specify the place, manner and time (not less than 10 days from the giving of said notice) within which the Village Board shall conduct a hearing to review the same and to issue findings relative to this chapter, and mandating, where so authorized, that such person or persons are responsible or liable, that such condition is or was in violation, the violation otherwise is or was legitimate, that the work shall or was to be completed within the time allotted in such previously issued notice or findings, and such other consideration, review and findings as provided for at § 84-4 hereof.
(2)
The Village shall have two options with respect to such notice and commencement of a proceeding hereunder. Where it has determined that a clear violation exists, notice may be given under the general authority established under this Chapter 84. Notice in this manner shall set forth the required date of completion of the remedy and a date thereafter for a hearing. Such procedure potentially reduces the time within which a violation may be addressed by commencing the time within which it must be addressed by the owner from the date of service notice. However any action taken upon such notice by Village prior to the time when the owner has been afforded a hearing shall be at the Village's expense should it later be determined the owner is not the responsible or liable party, the condition addressed was not at such hearing in violation and/or the like. Otherwise, such notice shall set forth the alleged violation, responsible/liable owner and the date for a hearing at which time same shall be established, and if established, an appropriate period within which the owner shall remedy the violation, failing or refusing which the Village may proceed.
(3)
Notice shall be served upon such owner or owners by registered or certified mail, addressed to his or their last known address, and/or posting of said notice on the premises and mailing a copy of said notice to the owner at the address or addresses as on file in the Village offices on the same date as posted. In the event any other credible information of potential addresses may be known, or if the owner has a legal representative known to the Village, a copy of such notice shall also be mailed via regular or certified mail to such addresses or persons. The Village Board expressly finds that in many instances those responsible for abandoned and neglected properties intentionally avert service of legal process; therefore, notice on a respective owner shall be deemed sufficient where no proof of actual delivery or receipt exists and/or where no other evidence of a reasonable likelihood of receipt by the owner exists, provided the Village has documented reasonable good faith efforts to ascertain the actual residence or business address or other official or legal address of the owner or representative, and such evidence has been made part of the record of proceedings. The failure to, where required, register a rental property or timely obtain any inspections or certificates pertaining to the real property, including those for tenant assistance, and which would or might otherwise disclose contact information for the owner, may also be taken into account by the Village in determining the sufficiency of notice. In the event an owner duly noticed has failed to remedy the violation and appear for the hearing scheduled, a copy of the Village Board's findings following the hearing shall be served upon the owner in the same manner as required in this § 84-8A.
B.
Emergency situations. Where violations existing on the real property are of such a nature as to constitute an imminent or immediate and serious threat to human health or safety or of significant property damage unless abated immediately, or on shorter notice than otherwise permitted herein, the Village may either summarily and immediately cause the violation to be abated and/or order the owner to immediately correct the violation, and upon failure to do so within any time frame established, in the Village Board's own discretion, based upon the exigencies in that particular case, the condition may be abated otherwise pursuant and subject to the provisions of this chapter. In such case, service of notice shall be attempted diligently and in good faith, and including by telephone, facsimile, e-mail or attempts at personal delivery. The sufficiency of such notice to an owner shall be determined by the Village Board. In such cases where immediate or near immediate action has been required of an owner, failing which the Village Board has directed the violation be immediately addressed, the owner shall be entitled to the hearing established under § 84-8A within a reasonable time thereafter and in any event before the Village Board may assess the owner or real property with such costs and expenses.
C.
Repeat violations. Where the real property has been subject to a previous proceeding under this Chapter 84 involving one or more of the same owners and relative to the same or similar, related or resultant type(s) of violation(s) or condition(s) within one year prior to the occurrence or recurrence of the violation subject of the instant proceeding, the Village may cause the violation to be immediately and summarily abated or may order the owner to correct the violation or condition within a period of time of less duration than otherwise provided hereunder, however, not less than 24 hours, and upon the failure to do so, the condition may then be addressed pursuant to this Chapter 84, subject to previous or then given Village Board authorization and as if such notice and failure or refusal has already occurred, then such work may be immediately commenced. Absent such authorization, the costs of same shall not be assessed against the owner or real property until such actions are ratified by resolution of the Village Board.
D.
Special notice provisions. In the event of contemplated action under § 84-8B or C, the requirement of notice pursuant to § 84-8A and of hearing, review and findings are modified to require only such notice as is reasonable given the Village's knowledge of the actual location of and means of access to the owner and the exigency of circumstances. In the case of repeat violations under § 84-8C such notice shall describe in brief the violative condition and nature of the intended Village action, the specific chapter and section of the Village Code under which the Village proceeds, and such notice shall be prominently posted at any main, front or driveway side entrance of the real property as soon as reasonably possible following authorization and not less than 24 hours prior to commencement of the Village work.
A.
Whenever a notice or notices referred to in § 84-8 hereof has or have been served in the manner required under § 84-8, requiring such owner or owners of the respective lots or parcel of land to cure any violation of the provisions of this Chapter 84, and if such owner or owners shall neglect or fail to comply with requirements of such notice or notices within the time provided therein, upon a hearing pursuant to § 84-8A hereof, the Village Board may determine that such owner or owners have neglected or failed to comply with requirements of such notice or notices within the time provided therein and order such work to be conducted.
B.
In addition to the foregoing, a first violation of § 84-4 of this chapter shall be deemed a misdemeanor and, upon such conviction in Town Court of the Town of Camillus, such offender may be punished by a fine not to exceed $250 or imprisonment for not more than 15 days, or both. For a repeat offender, as defined under § 84-8D, the maximum penalty shall be a fine not to exceed $500 or imprisonment for not more than 15 days, or both. In either case, each week that such violation shall continue shall constitute a separate violation.
A.
Special consideration. Special consideration may be given in limited
cases. If it is determined that an owner cannot maintain a reasonable
level of upkeep of an owner-occupied residence because the individual
is elderly or disabled and no capable person resides in the residence,
enforcement may be delayed to give the owner adequate time to correct
the problem. Where the owner is a low-income individual who owns and
occupies a residence, special consideration may be given to the person
by providing adequate time to correct the problem, unless the violative
condition has to do with lawn and shrub maintenance, or keeping grounds
free from rubbish and debris, for which no special consideration may
be extended by reason of low income. No special consideration shall
be allowed to any owner in cases of unsanitary, unhealthful or dangerous
conditions.
B.
Relief from enforcement. In addition to the foregoing special consideration, the Village Board of Trustees may also, for good cause shown, adopt a resolution dispensing with or relaxing enforcement of the foregoing provisions of this section and/or the assessment or collection of costs and penalties due to such enforcement. For purposes hereby, "good cause" may include, without limitation, the lack of actual notice to a property owner, consideration of inadequate or defective service of notice, existence of landlord/tenant or similar relationship, or other circumstances where, arguably, the criteria set forth under § 84-4 may not have been clearly violated or perceived as violated, but shall in any event consist only of grounds or circumstances under which the Village Board of Trustees has determined that enforcement may not be fair or equitable.
A.
Upon review by and a finding of the Village Board of Trustees that the provisions of this Chapter 84, including in particular §§ 84-8 and 84-9, have been complied with or satisfied, and in the case of § 84-8B, that a bona fide emergency condition existed, or in the case of a repeat violation under § 84-8C, the Village Board of Trustees may adopt a resolution authorizing that the costs incurred by the Village in performance of the work, including any quantifiable internal administrative costs, be paid for out of the general Village funds appropriated by the Village Board of Trustees for such purpose. The Village shall be reimbursed for the cost of the work performed or services rendered by direction of the Village Board of Trustees, as herein provided by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expenses so assessed shall constitute a lien and charge on the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village taxes and charges.
B.
Appointment of ex-officio receiver of income. The Village Clerk may,
with the approval of the Village Board of Trustees of the Village
of Camillus certified to by resolution, bring an action to be appointed
receiver ex-officio of the rents and income of such property for the
purpose of collecting the rents and income from such property and
expending the same for the purpose of abating the conditions against
which this chapter is directed. The procedure and other legal steps
shall be governed by the provisions of applicable state statutes.
A.
Whenever the Village has ordered the reimbursement for the costs of the work performed or services rendered as hereinabove provided in § 84-12 by assessment and levy upon the lot or parcels of lands whereon such work was performed or such services rendered, the Village Clerk shall cause a notice of intent to levy such costs and expenses against said lots or parcels of land in a form approved by the Village Board of Trustees from time to time hereinafter, to be recorded in the records of the Onondaga County Clerk's office in order that such notice shall be indexed against the said premises or parcels of land as notice to subsequent transferees or others acquiring any interest in said lots or parcels of land of the intention by the Village to assess and levy the amount of such expenses upon said lots or parcels of land. Any recording fees of the Onondaga County Clerk shall be included in the costs and expenses assessed and levied upon such lots or parcels.
B.
The purpose of such remedy is to protect the Village and ensure payment
in the event such charges are not timely added to the real property
tax bill. Therefore, the failure of the Village Clerk to record such
notice of intent to levy shall not, however, affect or impair the
validity of any lien or assessment of such costs and expenses against
such lots or parcels of land, the owner(s) thereof or any subsequent
transferees or others acquiring any interest in such lots or parcels
of land.
