[HISTORY: Adopted by the Town Board of the Town of Southeast 6-8-2017 by L.L. No. 7-2017 Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code
of the Town of Southeast" and may be referred to herein as "this chapter"
or as "this ordinance."
The purposes of this chapter shall be to:
A.Â
Provide for the public health, safety and welfare.
B.Â
Avoid, prevent and eliminate the maintenance or creation of hazards
to the public health or safety.
C.Â
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.
D.Â
Prevent the creation, continuation, extension or aggravation of blight.
E.Â
Preserve property values in the Town.
F.Â
Prevent the physical deterioration or progressive downgrading of
the quality of buildings in the Town.
G.Â
Maintain the value and economic health of the commercial properties
and businesses that serve and help to support the Town and its citizens.
H.Â
Establish minimum standards governing the maintenance and condition
of land, buildings, structures and premises in the Town.
For the purposes of this chapter, the following terms shall
be defined as follows:
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto; and the open land
space of any premises outside of any building or structure erected
thereon.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
York, its governmental agencies or the ordinances of the Town.
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 within
the proximity of the premises where such condition exists.
Any person having actual possession, use or occupancy of
a dwelling premises or rooming unit, 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.
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises, or a part thereof, with
or without the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building or structure
or part thereof, as owner or agent of the owner, or as a fiduciary,
trustee receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building or structures thereon.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, mineral matter, plastic,
rubber, leather, furniture, household goods, appliances, bedding,
scrap lumber, scrap metal, construction material, inoperable machinery
or parts thereof, garden or farming implements and supplies, dead
or rotting vegetation, tires, abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste.
Every residential and nonresidential building or structure and
the premises or part of the premises on which it is situated, including
vacant lots, shall be in compliance with the provisions of this chapter.
In any case where the provisions of this chapter impose a higher
or stricter standard than set forth in any other ordinance, law or
regulation of the Town, or under the laws or regulations of the State
of New York or any of its agencies, then the standards as set forth
herein shall prevail, but if the provisions of this chapter impose
a lower or lesser standard than any other ordinance, law or regulation
of the Town or of the laws and regulations of the State of New York
or any of its agencies, then the higher standard contained in any
such other ordinance, law or regulation shall prevail.
Compliance with this chapter shall not constitute a defense
against any violation of any other ordinance or law of the Town applicable
to any structure or premises, nor shall any one act of compliance
constitute a defense against any subsequent or other violation of
this chapter.
A.Â
The duties, responsibilities and obligations prescribed within this
chapter shall be applicable and enforceable against any person who
may create, cause, maintain or cause to, permit to, continue or to
fail to abate, correct or remove any condition(s) prohibited under
this chapter. For the purposes of this chapter, "any person" shall
be deemed to include the owner; occupant; tenant; contractor; mortgagee
or vendee in possession; mortgagee when the subject property has deteriorated
in contravention to the provisions of this chapter; mortgagee which
has commenced the foreclosure process; assignee of rents; receiver;
executor, trustee; or any other person, firm or corporation directly
or indirectly in control of any subject property pursuant to this
chapter.
B.Â
Owners of property 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 responsibilities on occupants,
tenants, contractors, mortgagees and others, regardless of any agreements
between owners, occupants, tenants, contractors, mortgagees or others
as to which party may assume such responsibility.
C.Â
Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the Town of Southeast
as executor, administrator, trustee, guardian 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 of
the record owner.
D.Â
The mortgagee shall immediately notify the Town of Southeast, in
writing, of its notice to the owners of failure to maintain the property
in accordance with the provisions of this chapter. Upon the commencement
of foreclosure proceedings, the mortgagee shall also immediately notify
the Town of Southeast, in writing, of such action.
Any alterations to buildings, structures or appurtenances thereto
which may be caused directly or indirectly by the enforcement of this
chapter shall be done in accordance with all applicable sections of
the Town of Southeast Building Code and the New York State Uniform
Fire Prevention and Building Code.
Nothing contained in this chapter or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of the Zoning Code of the Town of Southeast.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the Town of Southeast or its officers or agencies
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
In furtherance of the purposes of this chapter, it shall be
the duty and responsibility of the owner, operator or occupant of
premises to comply with all of the requirements and standards of this
chapter, to keep the premises free of conditions which constitute
violations hereof and to promptly remove, prevent or abate such conditions.
A.Â
The exterior of all premises shall be kept free of the following
matter, materials or conditions:
(1)Â
Refuse or rubbish as hereinbefore defined.
(2)Â
Nuisances, as hereinbefore defined.
(3)Â
Dangerous loose and overhanging objects, including but not limited
to dead trees or tree limbs, accumulations of ice or any object, natural
or man-made, which would threaten the health and safety of persons
if caused to fall, or other similar dangerously loose and overhanging
objects which, by reason of their location above ground level, constitute
an actual hazard to persons or vehicles in the vicinity thereof.
(4)Â
Where grass is greater than 10 inches in length within the lawn area
of a structure, an order to remedy within 14 days shall be issued.
If the defect is not cured within that time frame, the Town shall
remedy under § 56-15.
(5)Â
Structurally unsound, loose, dangerous, crumbling, missing, broken,
rotted or unsafe exterior portion of buildings or structures, including
but not limited to porches, landings, balconies, stairways, handrails,
steps, walls, overhangs, roofs, fences, retaining walls, supporting
members, timbers, abutments, fire escapes and signs and loose, crumbling
or falling bricks, stones, mortar or plaster.
(6)Â
Wood or similar material boarded to the exterior of buildings or
structures which is used in place of glass or doors and is dissimilar
in color to the exterior of the building or structure.
B.Â
Without limitation by the foregoing, it shall also be the duty and
responsibility of owners, occupants or operators to keep the exterior
of all premises structurally sound, in good general repair and sufficiently
maintained, to an extent so as to prevent and avoid conditions that
violate the purposes of this chapter.
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 54 of the Code of the Town of Southeast or the laws of the State of New York.
A.Â
A notice of violation issued by the Building Inspector relative to
a premise shall be served either personally upon the person or entity
or by mailing the same to the person or entity by certified mail at
his last known address.
B.Â
A notice of violation shall state that unless, within 10 days from
service of the notice, a written request is made for a hearing before
the Building Inspector, such notice shall, at the expiration of such
ten-day period, be deemed an order to cease and desist from and to
abate the described violation; such notice shall prescribe a reasonable
time within which such person shall be required to cease and desist
from and abate such violation. The notice may also contain an outline
of remedial action which, if taken, will effect compliance with this
chapter.
C.Â
If a hearing is requested, it shall be commenced no later than 10
days after the request is made, provided that for good cause the Building
Inspector may postpone such hearing for a reasonable time. If, after
the hearing, the Building Inspector finds that no violation exists
or that such unusual, extraordinary or undue hardship shall occur
in order to effectuate compliance with this chapter, he shall withdraw
the notice. If he finds that a violation does exist, he shall forthwith
issue an order requiring the abatement of the same within a prescribed
reasonable time. The proceedings at such hearing, which shall be informal
in all respects, shall be summarized in a report reduced to writing
and entered as a matter of public record in the office of the Building
Department.
D.Â
Any party aggrieved by the decision of the Building Inspector may,
within five days of said decision, appeal the same to the Zoning Board
of Appeals of the Town of Southeast by filing the appropriate form.
A.Â
Upon the failure, neglect or refusal of any owner, occupant, tenant,
contractor, mortgagee, etc., to properly comply with the provisions
of this chapter within the time period prescribed in any order of
the Building Inspector, or upon authorization from the Town Board
of the Town of Southeast, the Building Inspector is hereby authorized
and empowered to correct or cause to be corrected such violation(s).
B.Â
Where the Town of Southeast has affected the correction of such violation(s)
and/or has paid for the correction and/or removal of such violation(s),
the actual cost thereof, including all costs incurred by the Town
of Southeast and its Building Inspector in the enforcement of this
chapter, and procurement of all such contractor services to effect
such correction or compliance, plus the accrued legal rate of interest
per annum from the date of the completion of the work, if not paid
for by such owner, occupant, tenant, contractor, mortgagee, etc.,
prior thereto, shall be charged by the Town of Southeast and shall
become due and payable by said owner, occupant, tenant, contractor,
mortgagee, etc.
C.Â
When the full amount due the Town of Southeast is not paid by such owner, occupant, tenant, contractor, mortgagee, etc., within 20 days after the correction of such violations as set forth in Subsections A and B above, then the Building Inspector shall cause to be filed in the office of the Town Clerk a sworn statement showing the costs and expenses incurred as set forth in Subsection B, the dates of all work performed and the location of the subject property by section, block and lot number, together with the name of the responsible owner, occupant, tenant, contractor and mortgagee, etc. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus legal fees incurred until such final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date of the tax bill upon which such charge appears delinquent. Sworn statements filed in accordance with the provisions of this chapter shall be prima facie evidence that all legal formalities have been complied with and any work has been properly performed and shall be full notice to every party concerned that the amount set forth therein, plus interest, constitutes a charge against the property designated and described therein and that same is due and collectible as provided by law.
A.Â
Any person or entity who shall violate any of the provisions of this
chapter or any order or decision promulgated hereunder shall be guilty
of a violation and shall be punished as follows:
B.Â
Each violation of any provision of this chapter and each week that
each such violation shall continue shall be deemed to be a separate
and distinct offense.
C.Â
In addition to the above provided penalties and punishment, the Town
may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
any violation of this chapter.