[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie 3-15-1988 by L.L.
No. 4-1988. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Law
of the Village of Canajoharie."
All residential and business premises located within the Village
of Canajoharie, 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:
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.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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,
tend to create a danger to public health, safety and welfare.
A plot, tract, premises or parcel of land, with or without
buildings or structures located thereon, as surveyed and apportioned
for sale or other purpose.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles
and solid market and industrial wastes.
A building or combination of buildings used solely for personal
living purposes of the occupants thereof, whether as owners or tenants
thereof, and not used for any business purposes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
Any building or part thereof which remains unoccupied for
a period of more than 90 days with either doors, windows or other
openings broken, removed, boarded or sealed up or any building under
construction upon which little or no construction work has been performed
for a period of more than 90 days.
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 Canajoharie
and the 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 provision of any existing local
law, ordinance, code or regulation, 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.
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 or other particles from being blown about the
neighborhood. Open wells, cesspools or cisterns shall be securely
closed or barricaded from access by the public.
E.
No owner of real property in the Village of Canajoharie shall permit
noxious weeds, long grass or other rank growths of a height greater
than 12 inches on real property owned by him. Upon at least 10 days'
notice by certified mail addressed to such person at his last known
address, said owner shall cut, trim or remove such noxious weeds,
long grass or rank growths. Upon default thereafter being made by
said owner, the Board of Trustees of the Village of Canajoharie may
cause said noxious weeds, long grass or rank growths to be cut, trimmed
and removed or otherwise eliminated and assess the expense thereof
upon the land whereon the same is found in the manner hereinafter
provided.
[Amended 10-16-1990 by L.L. No. 2-1990]
A.
Business premises, as defined herein, shall at all times be maintained
in compliance with the provisions of this chapter regulating open
spaces, buildings or structures and littering.
B.
No outside storage or accumulation of garbage, crates, rubbish, refuse
or debris shall be permitted at any time, and 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 regularly
collected and removed from the premises.
A.
All exterior exposed surfaces of buildings or structures within the
Village of Canajoharie not inherently resistant to deterioration shall
be repaired, coated, treated or sealed to protect them from deterioration
or weathering.
B.
Exterior walls, roofs and porches or appurtenances 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.
C.
The foundation walls of every building shall be maintained in good
repair and shall be structurally sound.
D.
Exterior walls, roofs and all openings around doors, windows, chimneys
and other parts of a building shall be so maintained as to keep water
from entering the building and to prevent undue heat loss from occupied
areas. 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. Exterior walls, roofs and other parts of
the building shall be free from loose and unsecured objects and material
and improperly secured objects and material. Such objects or materials
shall be removed, repaired or replaced.
E.
The owner of a vacated building shall take such steps and perform
such acts as may be required of him from time to time to ensure that
the building and its adjoining yards remain safe and secure and do
not present a hazard to adjoining property or to the public. All openings
shall be provided with painted, exterior-grade plywood closures which
shall be securely fastened.
F.
Buildings and structures shall be maintained in such a condition
that they shall not become unoccupied hazards as defined in this law.
All graffiti or defacing shall be removed by the owner or occupant
from any building or structure and the surface finish restored within
five days after written notice to do so.
G.
All signs and lighting systems shall be maintained in a completely
operable, clean and safe condition.
A.
Grounds, buildings and structures within the Village of Canajoharie
shall be maintained free of insect, 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 within the Village of Canajoharie,
whether improved or vacant, shall be maintained free of litter; provided,
however, that this section shall not prohibit the storage of litter
for a reasonable period of time in authorized private receptacles
for collection.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse in accordance
with the provisions of applicable codes.
C.
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first completely removing any locking
devices and all doors.
An occupant or tenant of the premises shall be responsible for
compliance with this chapter in regard to the following:
A.
Keeping exits from his building clear and unencumbered.
B.
Disposal of garbage and refuse into provided facilities in a clean
and sanitary manner in accordance with the provisions of Village laws,
ordinances or regulations.
C.
Extermination of insects, rodents or other pests within his premises.
D.
Keeping his domestic animals and pets in an appropriate manner and
under control.
E.
Elimination of all prohibited uses for that part of the premises
which he occupies, controls or has accessibility thereto.
A.
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 agreements between owners
and tenants or occupants as to which party shall assume such responsibilities.
B.
Owners and tenants or occupants of the buildings shall be responsible
for the proper installation, maintenance, condition and operation
of service facilities and for furnishing adequate heat and hot water
supply where they have contracted to do so.
C.
Whenever any person or persons 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 provisions of this chapter to the same
extent as the record owner; and notice to any such person of any order
or decision of the Building Inspector 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 shares 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.
The Building Inspector of the Village of Canajoharie, as designated
by the Village Board of such Village, shall have authority to inspect
all premises within the Village and to enforce the provisions of this
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A violation of this chapter or any subsection or provision thereof
shall be an offense and shall be punishable by a fine not exceeding
$250 or imprisonment for a period not to exceed 15 days, or by both
such fine and imprisonment. Each week's continued violation shall
constitute a separate additional violation. These penalties shall
be in addition to the other remedies of the Village Board provided
by this chapter.
A.
Whenever the Village Board learns of any violation of this chapter,
the Village Board may adopt a resolution requiring the owner, tenant
or occupant, as the case may be, of the premises with regard to which
a violation has occurred to remedy such violation, specifying the
nature of the work to be done and the time within which it shall be
completed. A notice of the adoption of such resolution shall be served
upon such owner, tenant or occupant, by registered or certified mail
addressed to his or her last known address.
B.
Whenever such notice has been served upon such owner, tenant or occupant
of the respective premises and such owner, tenant or occupant shall
neglect or fail to comply with the requirements of such notice within
the time provided therein, the Village Board may authorize the work
to be done and pay the cost thereof out of general Village funds to
be appropriated by the Village Board for such purposes and the Village
Board may authorize the Village Attorney to bring an action in the
county court to restrain any violation of this chapter and/or to compel
compliance with this chapter.
C.
The Village shall be reimbursed for the cost of work performed or
services rendered, by direction of the Village Board as herein provided,
by assessment and levy upon the lots or parcels of land upon which
such work was performed or such services rendered. The expenses so
assessed shall constitute a lien and charge on such real property
on which it is levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as
other Village charges.
