This chapter shall be known and may be cited as the "Property
Maintenance Law."
The purpose of this chapter is to create Town-wide, uniform
property maintenance standards, which give the Town Code Enforcement
Officer another tool to preserve the health, safety and general welfare
of the residents, businesses and guests of the Town of Phelps by controlling
the spread of weeds and allergy-irritating pollen to surrounding lots,
by protecting property values, by preventing blight, by prohibiting
the outdoor placement or storage of abandoned or junked motor vehicles,
and by keeping lots free from nuisances, hazards, litter, vermin and
the debris and hazards resulting from lots, buildings or structures
damaged by fire, wind, weather or neglect.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED MOTOR VEHICLE OR EQUIPMENT
Any motor vehicle defined as an "abandoned vehicle" pursuant
to § 1224 of the Vehicle and Traffic Law of the State of
New York, as amended, and/or an unregistered, uninspected or inoperable
automobile, snowmobile, lawn mower, go-cart, motorcycle, boat, trailer,
other motor vehicle, machinery or equipment, which is openly stored
or situated on property within the Town of Phelps.
JUNK VEHICLE OR EQUIPMENT
Any automobile, snowmobile, lawn mower, go-cart, motorcycle,
boat, trailer, other motor vehicle, machinery or equipment, including
component parts thereof, which is stored in open, outdoor storage
and which, for any reason, is incapable of moving by its own power
in the manner in which it was designed to move, and which is not intended
for or in condition for safe and legal use on public highways.
NUISANCE, HAZARD AND LITTER
Includes, but shall not be limited to, any waste metal or
materials, garbage, refuse, rubbish, old refrigerators, stoves or
like products, used bottles or cans, glass, wood, lumber, or vegetable
matter of any kind, or any other matter which is flammable or capable
of fermentation, evaporation or decay, abandoned building or construction
materials or supplies, discarded paper or material of junk substance,
any item, thing or object which is no longer suitable for the use
it was originally manufactured or designed for and/or which has no
practical economic value except for salvage or junk, tree stumps or
matter attractive to vermin or likely to breed disease, cause fire
or be a health hazard.
If the provisions of this chapter are not complied with, the
Town of Phelps Code Enforcement Officer shall serve within the Town
of Phelps written notice of the violation upon the owner of the property
that is the subject of the violation or shall post a copy of the violation
on the property if an owner cannot be found to personally serve. If
the owner of said property is a nonresident of the Town of Phelps
or if the Code Enforcement Officer was unable to personally serve
the owner, a notice to cure the violation shall also be mailed to
such owner by registered mail, addressed to his or her last known
address that is on file with the Town Assessor.
Any person found guilty of violating any provision of this chapter,
and the owner of any premises on which a violation is committed, shall
be punished by a fine not to exceed $250 or imprisonment for a period
not to exceed 15 days, or both. Each week's continued violation
shall constitute a separate, additional violation.
The provisions of this chapter shall be subject to and subordinate
to the provisions of the New York State Agriculture and Markets Law.
The Town of Phelps Code Enforcement Officer is hereby charged
with the responsibility and duty to administer and enforce this chapter.