[HISTORY: Adopted by the Town Board of the Town of Urbana 3-29-2016 by L.L. No. 1-2016[1]. Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
78, Property Maintenance, adopted 8-12-1985 by L.L. No. 1-1985.
Multifamily premises, commercial premises, single-family residences,
vacant lots and land shall be maintained in conformity with the provisions
of this chapter. It is the intent of the Town of Urbana not only to
protect the health, safety and welfare of its residents but also to
protect the property values of adjoining property owners whose property
values may decline due to the failure of any person to properly care
for his/her/its property. The purpose of this chapter shall be to:
A.
Provide for the public health, safety and welfare of the Town.
B.
Avoid, prevent and eliminate conditions which, if permitted to exist
or continue, will depreciate or tend to depreciate the value of adjacent
or surrounding properties.
C.
Prevent the physical deterioration or progressive downgrading of
the quality of housing facilities in the Town.
D.
Maintain the value and economic health of the commercial properties
and businesses that serve and help to support the Town and its citizens.
E.
Prevent or eliminate physical conditions in or on property which
constitute nuisances and are thereby potentially dangerous or hazardous
to the life, health or safety of persons on or near the premises where
such conditions exist.
F.
Fix responsibilities and duties therefor upon owners, lessees, operators
and occupants of property.
G.
Regulate the maintenance, placement, sanitation and screening of
commercial and bulk refuse containers in such a manner as to reduce
visual impacts, reduce odors, and eliminate potentially dangerous
health hazards to the public health.
H.
Provide for administration and enforcement of this chapter.
For the purposes of this chapter, the following terms shall
have the meanings indicated. Commonplace words, where not defined,
shall have commonly accepted meanings.
Bulk containers, used for the purpose of collecting private
or public refuse for the subsequent disposal by private haulers, including,
but not limited to, dumpsters, roll-offs, grease containers, recycling
bins, trailers or vehicles. Bulk refuse containers shall be differentiated
from residential-type moveable refuse or waste disposal containers.
Includes, but is not limited to, dumpsters, roll-offs, containers,
trailers or vehicles used on a temporary basis not exceeding a period
of 30 consecutive days or 10 days beyond the term of a building permit
to which such containers are integral.
A building, structure or land, together with any garage or
other accessory building and the lot upon which such buildings or
structures are constructed, used for any purpose other than for single-family
or multifamily purposes, including, but not limited to, premises used
for retail purposes, business purposes, lodging or industrial purposes.
Agricultural operations shall not be considered commercial premises.
A mixture of decayed or decaying organic matter to be used
to fertilize soil. Compost may include organic materials such as leaves,
grass clippings, vegetable scraps and similar plant-based matter and
may be combined with manure. Compost shall not include meat scraps,
bones, dairy products, oils, fats, cat litter or dog feces.
A misdemeanor or a felony.
Includes any and all rejected or waste food, kitchen refuse,
and the refuse accumulation of animal, fruit or vegetable matter,
liquid or otherwise, that attends the preparation, use, cooking and
dealing in or storing of food, meat, fish, fowl, fruit or vegetable.
Garbage, refuse and rubbish as herein defined and all other
waste material which, thrown or deposited as herein prohibited, tends
to create a hazard to public health, safety and welfare.
Deemed to mean that every exterior wall, roof, porch or appurtenance
thereto shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the building or to the public.
An offense, other than a traffic infraction, for which a
sentence to a term of imprisonment in excess of 15 days may be imposed,
but for which a sentence to a term of imprisonment in excess of one
year cannot be imposed.
Any building which contains more than one dwelling unit,
together with any garage or other accessory buildings and the lot
upon which such building or buildings are constructed.
Includes the owner, tenant, occupant, mortgagee or vendee,
sublessee, agent or any other person, firm, corporation, or limited
liability company, directly or indirectly, in control of any premises,
building or part thereof or who is entitled to such control in preference
of, but not necessarily in exclusion of, all others.
All decaying solid wastes or waste subject to decay, including
garbage, rubbish, street or yard cleanings, dead animals, demolition
and construction debris, vehicular parts, and solid commercial and
industrial wastes.
Solid wastes, including, but not limited to, combustible
and noncombustible materials such as papers, cardboard, bottles, cans,
yard clippings, discarded wood, grass, bedding, household goods, furniture,
power equipment, toys, bicycles, appliances or parts thereof and similar
other materials.
Materials or substances discarded or rejected as being spent,
useless, worthless or in excess to the owner at the time of such discard
or rejection, except sewage.
An offense, other than a traffic infraction, for which a
sentence to a term of imprisonment in excess of 15 days cannot be
imposed.
Unless otherwise stated, persons, as defined herein, shall be
responsible for compliance with the following regulations:
A.
A person shall maintain all and every part of the premises, and structures
thereon, which he or she owns, or is in control of the premises, in
good repair and in a clean, sanitary and safe condition, free from
litter, rubbish, refuse, solid waste, debris and junk and in accordance
with the provisions set forth in this chapter.
B.
In the case of multifamily and commercial premises, steps, walks,
driveways, parking spaces and similar paved areas shall be maintained
so as to afford safe passage under normal use and weather conditions.
C.
Permanent commercial bulk refuse and grease containers shall be located
and screened as to comply with the provisions of this chapter and
shall be kept in a sanitary condition in such a manner as to comply
with the provisions of this chapter.
D.
Temporary bulk refuse containers shall be located in the manner prescribed
by this chapter, and for a period not to exceed 30 consecutive days.
When such containers are integral to the execution of a building permit,
they must be removed within 10 days of completion of the permitted
work.
A.
Permanent bulk containers used for the purpose of collecting residential
and or commercial refuse for the subsequent disposal by private haulers
shall be further regulated as follows:
(1)
Refuse containers located on any lot or parcel for a period exceeding
30 consecutive days shall have permanent screening as described within
this chapter.
(2)
Commercial industrial municipal, educational and multifamily residential
premises containing two or more units, both private and other, shall
abide by requirements as described within.
(3)
Residential single-family dwellings are exempt from screening refuse
containers; however, the containers shall be removed from the public
right-of-way within 12 hours after being emptied.
(4)
Permanent or temporary bulk containers shall not be located in any
public thoroughfare or right-of-way.
(5)
Compost shall be contained within a composting bin or container constructed
and maintained in such a manner as to facilitate microbial activity
thereby resulting in anaerobic decomposition. Composting bins or containers
shall be placed in a location to prevent odors from being detected
from beyond the boundaries of the property.
B.
Screening required.
(1)
All permanent bulk containers shall be screened in a manner prescribed
as to provide complete obstruction of public view from ground floor
viewpoints, public thoroughfares and rights-of-way.
(2)
All refuse containers shall be kept closed at all times, except when
loading. Lids, doors, gates and overall structure shall be tight and
in proper repair, as not to cause leakage, offensive odors or litter
and provide one-hundred-percent visual concealment from ground view.
(3)
All commercial refuse containers containing food wastes shall be
sanitized and deodorized regularly in order to prevent offensive odors
and prevent conditions that are hazardous to the public health. Refuse
containers containing decaying food wastes may be required to be emptied
more than once per week. Any such containers that are found to be
emitting offensive odors or are considered to be in a state hazardous
to the public health shall be emptied within 24 hours or a written
notice to comply with this section.
(4)
Refuse containers that are filled to capacity or to the point that
the cover cannot be closed and secured shall be emptied within 24
hours.
C.
Temporary bulk containers, used for a period of time not to exceed
30 consecutive days, during construction, renovations, remodeling
or demolition debris.
(1)
Temporary bulk containers may not be located in a public thoroughfare
or right-of-way.
(2)
Temporary bulk containers shall not be placed on any premises, parcel
or property for a period of time exceeding 30 consecutive days or
10 days beyond the term of a building permit to which such containers
are integral.
A.
The Town Code Enforcement Officer is charged with the duty of administering
and enforcing this chapter.
B.
It shall be the duty of the Code Enforcement Officer to issue a notice
of violation or to order, in writing, and require the correction of
all conditions found to exist in or on any premises, within the period
defined, which violate the provisions of this chapter.
C.
Any person or persons who are or lawfully authorized by the Town
of Urbana shall administer and enforce the provisions of this chapter
and for these purposes shall have the authority to issue summonses
or appearance tickets. Should any person, upon receipt of any written
notice or violation, fail to remedy the stated violation within the
period prescribed in said notice, it shall be the duty of the Code
Enforcement Officer to issue a summons or an appearance ticket directing
the person to appear before a court having jurisdiction over such
offense.
D.
Should any person fail to comply with the requirements of this chapter,
the Town of Urbana Code Enforcement Officer shall have the power to
remedy the violations, and the expense thereof shall be charged to
the property so affected by including such expense in the annual tax
levy against the property, pursuant to the Town Law of New York State.
E.
Enforcement pursuant to the provisions of Title 19 (NYCRR) Chapter
XXXIII, State Fire Prevention and Building Code Council, Subchapter
A, Uniform Fire Prevention and Building Code, Part 1226, Property
Maintenance Code shall be applicable in this chapter.
A violation of any of the provisions of this chapter shall not constitute a crime, but rather a violation as defined in § 78-2. Any person, upon conviction of a violation of this chapter, shall be fined an amount not to exceed $100 for the first offense and an amount not to exceed $200 for the second or any subsequent offense reoccurring within a consecutive twelve-month period. Additionally, such person shall be subject to imprisonment for a term not to exceed 15 days for each offense or both such fine and imprisonment. The Court may issue a warrant for a person's arrest in the same manner as in a misdemeanor case. The continuation of any offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
A.
Whenever the Code Enforcement Officer finds that an emergency exists
which requires immediate attention to protect the public health or
safety, the officer may, without notice or hearing, issue an order
reciting the existence of such emergency and requiring that such action
be taken as the officer deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall take effect
immediately.
B.
Any person to whom such order is directed shall immediately, or shall
within 24 hours of the issuance of the order, comply therewith.
All ordinances, local laws or resolutions or parts of ordinances, local laws or resolutions of the Town of Urbana which are inconsistent with the provisions of this chapter are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and that, in all respects, this chapter shall be in addition to the other legislation regulating and governing the subject matter covered by this chapter and the provision which establishes the highest standard shall prevail. More specifically, Chapter 78, as amended, of the Code of the Town of Urbana, New York, which chapter was adopted by L.L. No. 1-1985, is hereby repealed in its entirety.
If any section, paragraph, subsection or provision of this chapter
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this chapter as a whole, or any part or
provision thereof, other than the part so decided to be invalid or
unconstitutional.
This chapter shall take effect immediately upon the filing in
the office of the Secretary of State of the State of New York.
