In order to prevent blight and the spread thereof, it is hereby
declared that all structures, including but not limited to one- and
two-family and multiple-family dwellings, whether or not used for
residential purposes, garden apartments, all other apartment complexes,
all shopping centers, supermarkets, retail stores, discount houses,
warehouses, manufacturing or fabrication plants, factories, gasoline
service stations, public garages, motor vehicle repair shops or other
business uses, and accessory structures to all of the foregoing, whether
occupied or vacant, shall be maintained in conformity with the standards
set out in this article so as to assure that none of these structures
or properties will adversely affect their neighborhood or the larger
community. It is found and declared that, by reason of lack of maintenance
and progressive deterioration, certain structures and properties have
the further effect of creating blighting conditions and initiating
slums and that if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same.
By reason of timely regulations and restrictions, as herein contained,
the growth of slums and blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of residential and nonresidential uses and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
As used in this article, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
A building, structure, dwelling unit or lot that is vacant
for a period in excess of 30 consecutive days.
FORECLOSED PROPERTY
A building, structure, dwelling unit or lot that is vacant
for a period in excess of 30 consecutive days as a result of a foreclosure
action.
OWNER
Any record owner, mortgagee, vendee in possession, assignee
of rents, receiver, executor, trustee, administrator, lessee, agent
or other person having control, directly or indirectly, of property
or a building, structure or area.
PERSON
A natural person, corporation, partnership, limited liability
company, unincorporated association, or any other business organization
of two or more persons.
PROPERTY MANAGER
Any person who is authorized by the owner to repair, maintain,
oversee, sell, or lease property or otherwise act on behalf of the
owner of property.
TENANT or LESSEE
Any person who uses or occupies property, other than the
owner, and who occupies the same pursuant to a written or oral lease
agreement or otherwise with the consent and permission of the owner
thereof.
VACANT COMMERCIAL SPACE OR STORE
The space within a building used by a business or commercial
establishment where the business has ceased or suspended operations.
Such building or store space shall be deemed vacant even if fixtures,
furniture, equipment or other property remains in the space.
VACANT RESIDENTIAL BUILDING
A building containing one or more dwelling units in which
no occupant(s) has(have) resided for 30 or more consecutive days.
Vacancy of some of the dwelling units within a two-family or multiple-dwelling
building shall not be considered to be a vacant residential building.
The Building Code Enforcement Officer shall initiate inspections
and investigations and shall receive information and complaints concerning
compliance with this article. Covering the calendar month preceding
the report, he shall submit a written report to the Town Board not
later than 12:00 noon of the day on which the first monthly meeting
is held, containing not less than the address of and date of each
investigation or inspection initiated by him; address of each alleged
violation concerning which information or complaints have been received
by him; date of such receipt; nature of each violation found or complained
of, if any; date of correction notice issued; date(s) of each reinspection;
date of filing of a request for arrest warrant with the prosecutor
having jurisdiction; disposition of each case closed; and status report
of each case. Such report shall include cumulative annual totals of
inspections and investigations initiated, information or complaints
received, violations noticed for correction with breakdown of such
violations by appropriate category, corrections confirmed upon reinspection,
warrant requests filed and convictions obtained.