[HISTORY: Adopted by the Board of Trustees of the Village
of Fonda 10-8-1990 by L.L. No.
3-1990; amended in its entirety 2-13-2001 by L.L. No. 1-2001.
Subsequent amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Law."
A sanitary and hazard-free environment is declared to be of
vital importance to the health, welfare and safety of the inhabitants
of the Village of Fonda as is the safeguarding of their material rights
against unwarranted invasion and the protection of the public health.
In addition, such an enforcement is deemed essential to the maintenance
and continued development of the economy of the Village of Fonda 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 business premises, whether improved or vacant,
the Village Board does hereby enact this chapter.
All residential and business premises located within the Village
of Fonda, whether improved or vacant, shall be maintained in conformity
with the provisions of 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 person, firm, corporation, partnership or other association
engaged in the business of collecting, disposing or transporting garbage,
refuse or waste material in any part of the Village of Fonda.
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, fat and all offal and organic waste substance or substances
or capable of decay, but not including waste from slaughterhouses,
rendering plants or sanitary disposal systems.
The presence of insects, rodents, vermin or other pests.
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 of parcel of land with or without
buildings or structure 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 or repair that it cannot be licensed
immediately without extensive repair; 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 NYS inspection. This does not include inoperable farm
or construction vehicles, implements, 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 mower,
motors or parts that were once motorized equipment.
Includes the placing, maintaining or keeping of any motor
vehicle, appliance, motorized equipment, rubbish and debris as the
same are defined herein in a place other than a structure with a roof
and fully enclosed on all sides.
The person having legal title to property and also the person
shown as owner of the property on the current assessment rolls of
the Village.
One or more persons of either sex, natural persons, corporations,
partnership, 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 hereof, yard or driveway, other than
that used as a public place, road, street or highway, situated in
the Village, but not including lands used for agricultural purposes.
A nuisance which is a thing, act or occupation or use of
property, premises, equipment or structure, either private or public,
affecting the health of one or more persons.
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 in 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, crockery or similar materials.
Any person having domicile within general limits of the Village,
including landlords and tenants. The term shall also include any person,
firm, partnership, corporation or other association operating an established
business within the limit of the Village of Fonda.
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, slag, industrial sludge
or other chemical waste and by-products, tires, oils, and large amount
of wood, concrete, rocks, brick, 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.
The provisions of this chapter shall supplement all local laws,
ordinances, codes or regulations existing in the Village of Fonda
and 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 other provision of any existing
local law, ordinances, codes or regulations, the provision 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 shall be kept clean and free of physical hazards,
rodent harborage and infestation. They shall be maintained in a manner
that will prevent dust and other particles from being blown about
the neighborhood. Open wells, cesspools or cisterns shall be securely
closed and barricaded from access to the public.
E.
All land must be kept free of dead or dying trees and accumulations
of brush, shrubs, weeds, grass, leaves, stumps, excessive roots or
noxious growths, garbage, refuse or debris which would either tend
to start a fire or increase the intensity of a fire already started
or cause poisoning or irritation to people or animals or tend to cause
or enhance an unhealthy or dangerous, obnoxious condition on said
property or on any adjacent or neighboring property.
No outside storage or accumulation of garbage, crates, rubbish,
refuse or debris shall be permitted at any time. 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 collected regularly and removed from the premises.
A.
Grounds, building and structures within the Village of Fonda 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 practice.
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 premises with the Village of Fonda, whether
improved or vacant, shall be maintained free of all litter; provided,
however, that this section shall not prohibit the storage of litter
for a reasonable period of time in authorized receptacles for collection.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling, disposal of garbage and refuse in accordance with
the provision 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,
leave, in or upon any street, highway, alley, sidewalk, park or public
building or in any running water or body of water within the Village
of Fonda any garbage, refuse, rubbish, waste material, 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 representative or in any capacity, to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discarded, wholly or partially dismantled or unlicensed motor vehicles or vehicle, motorized equipment, appliance, rubbish or debris as defined in this chapter upon private property within the corporate limits of the Village of Fonda, except as provided in Chapter 157, Article I, Abandoned, Junked and Discarded Vehicles.[1]
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 or any such owner, lessee,
or occupant, having control of any occupied or unoccupied yard or
any part thereof in the Village of Fonda 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 than 10 inches
on the average, or any accumulation of dead weed, 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 Village limit.
B.
Nothing in this section shall be construed to prohibit the temporary
storage of garbage, refuse and water material awaiting removal, provided
that such storage is accomplished by way of tightly covered containers
or cans whenever 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.
All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
deterioration or weathering.
B.
Floors, walls, ceilings, stairs, furnishing and fixtures of buildings
shall be maintained in a clean, safe and sanitary condition. Every
floor, exterior wall, roof and porch or appurtenance thereto shall
be maintained in a manner so as to prevent collapse of the same or
injury to the occupants of the buildings or to the public.
C.
The foundation walls of every building shall be maintained in good
repair and be structurally sound.
D.
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
within a reasonable amount of time. Exterior walls, roofs and other
parts of the building shall be free from loose and unsecured objects
and material. Such objects or materials shall be removed, repaired
or replaced.
A.
An occupant or tenants 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 agreement between owners
and tenants or occupants as to which party shall assume such responsibly.
C.
Whenever any person or person shall be in actual possession of or
have charge, care or control of any property within the Village 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 share 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 Village of Fonda, as designated
by the Village Board of such Village, shall have authority as specified
herein to inspect all premises within the Village to enforce the provisions
of this chapter.
B.
Wherever it shall appear that the provisions of this chapter are
being violated, the inspector shall, except upon plain review 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.
B.
Said notice shall contain substantially the following: the name of
the owner, lessee, agent or other person with authority over the premises,
the identification of the premises as the same appears on the current
assessment roll of the Village, a statement of the condition of the
premises as found on the inspection, a demand to maintain property
and/or that the motor vehicles, motorized equipment, litter, appliance,
rubbish, refuse, or debris be removed from the premises on or before
five days after the mailing or service of such notice.[1]
C.
Upon the failure of the owner, lessee, agent, tenant or other person
with authority over the premises to correct the violation after receipt
of the five days' notice, the enforcement officer shall file a complaint
with the Village of Fonda Justice Court. In addition to the above-provided
penalties, the Village Board may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or restrain by injunction the violation of
any section of this chapter.
Where the violation or condition existing on the premises is
of a nature as to constitute an immediate threat to life and limb
unless abated without delay, the enforcement officer may order the
owner, operator or occupant to correct the violation or condition
within the period of time consistent with the hazard involved and
with the measures necessary to remove the hazard; and upon the failure
of the owner, operator or occupant to correct said condition, the
enforcement officer may abate said condition immediately thereafter.
Where abatement of any nuisance, as defined herein, or correction
of a defect on the premises or the maintenance of the premises in
a proper condition to conform to applicable ordinances of the Village
of Fonda or the laws of the State of New York require expenditures
of the Village of Fonda moneys therefor, either by supplying labor
by Village employees, the furnishing of material by the Village, the
hiring of outside contractors, the enforcement officer shall present
a report of the work accomplished to the Village Board of the Village
of Fonda, along with a summary of the proceedings undertaken to secure
compliance, including notice served upon the owner, operators, occupants
or their agents as the case may be, by telephone, telegraph, etc.
The Village Board shall then approve the expenditures made and assess
the same against the premises, collectible as provided by law. A copy
of the resolution approving said expenses shall be certified by the
Village Clerk, and a copy of the report and resolution shall be sent
by certified mail, return receipt requested, to the owner.
A.
Any person
committing an offense against any provision of this chapter shall,
upon conviction thereof, be guilty of a violation punishable by a
minimum fine of $100 and not exceeding $500 or by imprisonment for
a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct violation hereunder.
B.
In the
event that personal injury or property damage shall result from the
failure of any owner or occupant to comply with the provisions of
this chapter, the owner or occupant shall be liable to all persons
injured, or whose property is damaged directly or indirectly thereby,
and shall be liable to the Village of Fonda to the extent that said
Village of Fonda is required by law or by any court to respond in
damages to any injured party.