[HISTORY: Adopted by the Town Board of the Town of Marion 9-11-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
This chapter shall be known as the "Property Nuisance Abatement Law of the Town of Marion."
Dangerous and unsafe buildings, structures and premises threaten life and property in the Town of Marion and constitute nuisances. Premises, whether occupied or unoccupied by human beings, improved or not, may become nuisances, dangerous and unsafe, by reason of faulty design or construction, violation of state or local codes, laws, rules or regulations or any combination of these or other factors that create a hazard to the community. This chapter provides for the safety, health, protection and general welfare of the persons and property of and in the Town of Marion by requiring that such unsafe premises be repaired, cured, cleared, cleaned, vacated, or demolished.
The following words, phrases and terms shall have the following meanings:
- Any building, structure or portion thereof used for any or no purpose whether vacant or occupied, including residential, business, agricultural or industrial purposes.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Town of Marion or such other person appointed by the Town Board to enforce the provisions of this chapter.
- DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, TRAILERS AND WATERCRAFT
- Motor vehicles, truck bodies, tractors, trailers or watercraft in such state of physical or mechanical disrepair or ruin as to be incapable of propulsion or of being operated upon the public streets or highways or on the water, as the case may be.
- Worn-out or discarded material of little or no value, including, but not limited to, household appliances or parts thereof, tools, discarded building materials, discarded furniture, used tires or any unsightly debris, the accumulation of which has an adverse effect upon neighborhood or Town property values, health, safety or general welfare. "Junk" shall also include refuse, trash and rubbish.
- MOTOR VEHICLE
- As defined in § 125 of the New York State Vehicle and Traffic Law; unlicensed motor vehicles, truck bodies, tractors or trailers; motor vehicles, truck bodies, tractors or trailers which do not bear lawful current license plates.
- NOXIOUS WEEDS AND GROWTH
- Grass, brush, rubbish or weeds of a nature which are a fire or health hazard, including lawns in excess of eight inches in height and shall also include any plants or vegetation in excess of eight inches in height between the sidewalk and curb of any property.
- Any person, firm, partnership, association, corporation, company or organization of any kind. "Persons" shall also include the occupant of the parcel of land.
- The Town of Marion.
- TOWN BOARD
- The Town Board of the Town of Marion.
- UNSAFE PREMISES
- Real property and/or any improvements, buildings, structures, equipment thereon or installations therein, including electrical, gas, water, sewer or septic service, whether above or below ground surface, that have become or are so dilapidated, decayed, unsafe, unsanitary, a fire hazard or are likely to cause injury, sickness or disease and, therefore, are a danger to the health, safety or general welfare of those residing in or upon the property or adjacent to same or to the citizens of the Town of Marion at large. "Unsafe premises" are further defined as properties that, because of their condition, are otherwise unsafe, unsanitary or dangerous to the people of the Town of Marion. "Unsafe properties" shall also be those properties that are in violation of the New York State Uniform Fire Prevention and Building Code, the New York State Public Health Law and the New York State Sanitary Code and such violation of Chapter 308, Zoning, of the Code of the Town of Marion, and other local laws and ordinances declared to be public nuisances by the Town Board by resolution. "Unsafe premises" may include the whole or any portion of any real property described in a deed recorded in the office of the Wayne County Clerk or on the tax rolls and Tax Map of the Town of Marion, Wayne County. "Unsafe premises" may be improved or unimproved real property, containing buildings and/or consisting of vacant land.
Restricted. Except as otherwise provided for in statute, no more than one unlicensed, inoperable, junked or wrecked motor vehicle, truck body, tractor body, tractor or trailer or watercraft shall be kept or stored outdoors on any public or private property within the Town of Marion for a period exceeding 72 hours. No person shall accumulate, store, or allow any unregistered motor vehicle, truck body, tractor or trailer or watercraft in the open upon any public or private property within the Town for a period exceeding 72 hours.
Exceptions. Any business lawfully engaged in automotive sales or repair may retain no more than three disassembled, inoperable, junked or wrecked vehicles in the open, whether covered or uncovered, for a period not to exceed 30 days, after which such vehicles shall be removed. This section shall not apply to properly zoned, permitted and licensed junkyards established pursuant to § 136 of the General Municipal Law.
Any singly permitted vehicle, truck body, tractor body, tractor or trailer or watercraft must be covered by a fitted car or watercraft cover. The use of cloth or plastic tarps is strictly prohibited.
No person shall maintain, plant or permit to remain on any private property any noxious weeds or growth, or permit junk to accumulate thereon.
All premises and immediate exterior property shall be maintained free from noxious weeds or growth. No owner, occupant or person having control of any lot or land in the Town shall maintain, plant or permit any noxious weeds on the lawn area adjacent to a house or accessory building located on the same house parcel.
The area between the property line and the curb, or for 10 feet outside the property line if there is no curb, shall be maintained to ensure that no growth of weeds, grass or flowers shall exceed eight inches on average or to allow any accumulation of dead weeds, grass or brush.
If an area is established as a flower garden, garden, or natural area of wildflowers, the area must be clearly defined by the utilization of fencing, mulching or other form of delineation and shall be located not closer than 10 feet of any public roadway, street, or right-of-way.
It is prohibited to allow hedges, shrubs or trees to encroach onto public sidewalks and lines of sight of public roadways.
No person shall cause the accumulation of any noxious weeds or growth including raked leaves and lawn clippings to be deposited in whole or in part on any public roadway.
Complaints concerning any violation of this chapter shall be made to the Code Enforcement Officer for the Town of Marion, who shall immediately cause an investigation to be made with respect thereto and the written report of such investigation filed with the Code Enforcement Office.
If, after such investigation, it appears that there is a reasonable basis to believe that any of the provisions of this chapter have been violated, the Code Enforcement Officer shall immediately cause a notice in writing to be served upon the owner or occupant of the property. The owner, occupant or any person having control over any lot, land or property found in violation of said code shall be notified in writing only once in any given year for a particular violation. Subsequent violations of a similar nature at the same location during the same year shall be corrected by the Town or its agent without notice to the owner, occupant or person having control of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season. Such notice shall set forth the nature of the complaint and shall direct the owner or occupant to remove said noxious weeds and growth, junk, motor vehicles or watercraft. The notice required under this chapter shall be served upon the owner or his or her executor, legal representative, agent, lessee or any other person having a vested or contingent interest in such premises as shown by the records of the Town Assessor or of the Wayne County Clerk. Service shall be made either personally or, if not by personal service, by registered or certified mail, and by first-class mail addressed to the last known address, if any, of the owner, his or her executor, legal representative, agent, lessee or other person having a vested or contingent interest in such premises as aforesaid identified. If service is made by registered or certified mail, a copy of the notice shall be posted on the premises. The notice shall be in substantially the following form:
To the owner, occupant or person having charge of land known on the assessment roll of the Town of Marion as vacant lot(s) located on the _____ side of _______________ Street or Avenue; or house and lot number _____ located on the _____ side of _______________ Street or Avenue.
Notice is hereby given that you have failed to cut the grass or weeds, Local Law No. 2 of 2017 entitled "Property Nuisance Abatement." Said grass or weeds must be cut, and any junk or refuse or unregistered or inoperable motor vehicle(s) or watercraft removed within seven days from the date of the notice, if this notice is personally served upon you and 10 days from the date of this notice, if this notice is served upon you by registered or certified mail.
In case you fail or refuse to comply with this notice on or before the expiration of said seven days or 10 days from the date of this notice, as the case may be, the Town of Marion, acting through its duly authorized agents, servants, contractors, officers and employees, will enter upon your land and cut said grass or weeds or remove said junk or refuse or unregistered or inoperable motor vehicle(s) or watercraft. The expense incurred by the Town, including vehicle towing, storage, the cost of disposing of said vehicle and an administration fee of $75, will be billed to you, and if not paid within 30 days, will be assessed against the above-described land, and shall constitute a lien thereon and shall be added to the next real property tax levied against the property by the Town and collected as provided by law.
A second or subsequent violation for the same offense within a calendar year will result in a civil penalty of $100 being billed to you, and levied upon your Town tax bill if not timely paid.
You will be notified in writing only once in any given year for a particular violation. Subsequent violations of a similar nature at the same location during the same year shall be corrected by the Town or its agent without notice to the owner, occupant or person having control of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season.
Any person feeling aggrieved by any such action or notice may, within three days after the receipt of such notice, demand the matter be inquired into by the Town Board. Such demand must be in writing, signed by the person seeking such inquiry, and filed with the Town Clerk. Within a reasonable time, the Town Board shall schedule a date, time and place for a hearing before the Town Board in which the aggrieved person may address the Town Board. Such hearing shall be scheduled not less than five business days from the date of service of the notice.
In the event of the refusal or neglect of the person so notified to comply with said notice or order of the Town Board in the event the aggrieved party requests a hearing pursuant to this chapter the Town Board shall provide for the removal of the junk, motor vehicle, watercraft or noxious weeds and growth, as the case may be, either by Town employees or by contract, and the total cost thereof, including an administrative fee of $75, shall be billed to the owner, and, if not paid within 30 days, will be assessed upon the real property upon which the motor vehicle, junk, watercraft, or noxious weeds and growth are found, and shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Town in the manner provided by law for the collection of real property taxes.
In any case where the Town of Marion provides for the removal of junk, motor vehicle, watercraft, noxious weeds or growth, there shall be an administrative fee of $75 assessed against the property from which the junk, motor vehicle, watercraft, noxious weeds or growth are removed.
A second violation for the same or subsequent offense within a calendar year will result in a civil penalty of $100 being billed to the property owner and levied upon the property owner's Town tax and collected as provided by law if not timely paid.