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. Provide for the public health, safety and welfare.
B. Avoid, prevent and eliminate the maintenance or creation of hazards
to the public health or safety.
C. 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. Prevent the creation, continuation, extension or aggravation of blight.
E. Preserve property values in the Town.
F. Prevent the physical deterioration or progressive downgrading of
the quality of buildings in the Town.
G. Maintain the value and economic health of the commercial properties
and businesses that serve and help to support the Town and its citizens.
H. 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:
EXTERIOR OF PREMISES
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.
NUISANCE
A.
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.
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 within
the proximity of the premises where such condition exists.
OCCUPANT
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.
OPERATOR
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.
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.
PREMISES
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building or structures thereon.
REFUSE or RUBBISH
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.
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.
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.