[HISTORY: Adopted by the Town Board of the Town of Ogden 12-13-1995 by L.L. No. 9-1995 (Ch. 144 of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 110.
Uniform construction codes — See Ch. 117.
The Town Board of the Town of Ogden hereby determines that it is necessary for the public health, safety and general welfare of the residents of the Town of Ogden to provide regulations whereby properties within the Town are properly maintained and kept free of nuisances, hazards, debris and litter. Further, it is determined that by reason of lack of maintenance resulting in progressive deterioration, certain properties and structures have the further effect of creating blighting conditions leading toward the creation of slum-type areas, and that if the same are not curtailed and removed, the conditions can grow and impact the entire Town. By reason of timely regulations and restrictions, the public health, welfare and safety may be protected and blighted areas may be prevented and the desirability and amenity value of properties maintained and enhanced. The Town Board encourages Town residents to accomplish the goals of this regulation by cooperation between neighbors.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
A building or structure on premises within the Town.
GARBAGE
Any animal or vegetable refuse or waste matter capable of fermentation or decay; nothing in this chapter shall regulate the application of garbage to land for gardening or farming purposes.
NUISANCE
A. 
Any condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New York or the regulations and laws of the Town.
B. 
Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing in proximity to the premises where said condition exists.
C. 
Any waste material or any other material attractive to vermin or likely to breed disease or which presents a fire hazard, creates offensive odors or otherwise is prejudicial to the good health or is so unsightly of appearance as to be offensive to surrounding properties.
OCCUPANT
Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of the premises or any person or entity in possession of or using any premises or part thereof, whether or not the owner thereof, and regardless of the duration of time of such possession, use or occupancy.
OWNER
Any person, persons or entity having legal or equitable title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession, including persons or entities who have charge, care or control of any premises as agent of the owner or as a fiduciary, trustee, receiver, lessee or mortgagee in possession.
PERSON
Any individual, partnership, association, firm, corporation or any and all the combinations of individuals acting in concert.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
SOLID WASTE
Materials or substances discharged, discarded or rejected as being spent, useless or worthless. Such "solid waste" shall include but is not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, refuse, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris; as defined in this chapter, "solid waste" shall not include organic composting.
A. 
In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner or occupant of premises to comply with the requirements and standards of this chapter to keep the premises free of violations hereof and to promptly remove, prevent or abate any violations.
B. 
Owners and occupants shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such persons or entities shall be relieved of any duty, obligation or responsibility hereunder nor be entitled to assert as a defense against any charge made against them for violation of this chapter the fact that another owner, occupant or any other third person is also responsible therefor and in violation thereof.
The provisions of this chapter shall supplement state and local laws, codes or regulations. Where a provision of this chapter is found to be in conflict with a provision of state or local law, code or regulation, the more restrictive provision shall prevail when legally permissible.
A. 
Premises shall be maintained in a clean, safe and sanitary condition free from garbage, nuisances and solid waste, as defined herein.
B. 
All fences shall be maintained in a safe and substantial condition by the owner or occupant of the premises upon which the fences are located. Such maintenance shall include but not be limited to painting or staining as needed and the replacement of broken or missing sections of fence which may come into disrepair.
C. 
On nonresidential premises, steps, walks, driveways, parking spaces, parking lots and similar paved areas shall be repaired, replaced and maintained so as to be free from holes.
D. 
Buildings. The following regulations apply to buildings:
(1) 
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed with a protective coating of paint or other suitable preservative to protect them from deterioration.
(2) 
All signs exposed to public view shall be maintained in good repair. Inoperative electrical or mechanical signs shall be repaired or removed.
(3) 
The exterior parts of every building shall be maintained so as to keep water from entering the building. Exterior portions of every building which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced and refinished. Exterior walls, gutters, leaders, soffits, cupolas, roofs and other parts of the building shall be free from loose and unsecured objects and materials.
E. 
On all properties within the Town the owner and occupant shall maintain the walkways, sidewalks, driveways and parking areas located in the front, rear or side of such premises, from the building line to the nearest public street line, in a clean, sanitary, and safe condition and free from litter, debris, paper, dirt, garbage, junk, snow, ice or other obstruction and in good repair, and shall be liable to any party for injuries sustained as a result of the failure to so maintain the same.
[Added 10-13-2004 by L.L. No. 3-2004]
F. 
Vacant buildings or structures. Every person, owning or having charge or control of any building or structure which has been vacant for over 60 days shall remove all combustible waste and refuse therefrom and lock, barricade, guard continuously or otherwise secure all windows, doors and other openings in the building to prohibit entry by unauthorized persons in a manner approved by the Building Inspector.
[Added 11-9-2016 by L.L. No. 4-2016]
G. 
Habitually noncompliant vacant buildings or structures. A vacant building or structure shall be considered habitually noncompliant when the person, business, organization or legal entity owning or having charge or control of the building or structure has been noncompliant with three or more notices issued by the Building Inspector or his/her representative in accordance with § 207-7 during the same period of vacancy.
[Added 11-9-2016 by L.L. No. 4-2016]
The Building Inspector of the Town is hereby designated as the officer charged with enforcement of this chapter.
A. 
Contents. The notice of violation shall contain the following:
(1) 
A description of the premises.
(2) 
A statement of the particulars listing the conditions existing at the premises which are in violation of the provisions of this chapter.
(3) 
A statement outlining the actions to be taken to correct the violations of this chapter.
(4) 
An order that the correction of the violations shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter.
(5) 
A statement that, in the event of refusal to comply with the order to correct the violation of this chapter, the Building Inspector is authorized to issue an appearance ticket.
B. 
Service of notice. The notice shall be served by personal service upon the occupant of the premises and upon the owner of the premises as shown on the latest completed assessment roll of the Town or, if the occupant or owner cannot be reasonably found, by mailing the notice to such occupant or owner by certified mail, return receipt requested, to the owner's last known address as shown on the latest completed assessment roll of the Town and by personal service of a copy of such notice upon any person residing in or occupying said premises, if such person can reasonably be found, and by securely affixing a copy of said notice upon the premises.
In the event of the refusal or neglect of the occupant and owner to comply with said order of the Building Inspector, the Building Inspector may provide for the remedying of the violation either by Town employees or by contract. The Building Inspector may issue an appearance ticket.
All expenses incurred by the Town in connection with the proceedings to remedy the violation of this chapter shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
It shall be unlawful for any occupant or owner of premises within the Town to maintain such premises in violation of the provisions of this chapter.
A. 
Any person who violates this chapter shall, upon conviction, be subject to a fine of not more than $250 or to a term of imprisonment not to exceed 15 days, or both.
B. 
Civil penalty. Any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each day the violation continues. Such penalty shall be collected by and in the name of the Town for each day that such violation shall continue.
C. 
Injunction. In addition to the civil penalties provided for above, the Town Board may maintain an action or proceeding in the name of the Town to compel compliance with or restrain the violation of this chapter.