[HISTORY: Adopted by the Board of Trustees of the Village of Poquott 4-20-2017 by L.L. No. 4-2017. Amendments noted where applicable.]
[Amended 10-14-2021 by L.L. No. 5-2021]
The provisions of this chapter shall apply to all premises within the Village of Poquott. All properties, and the improvements, buildings and structures on any property, including fences, accessory structures, and all parts thereof, shall be maintained in a safe, sanitary and nonhazardous manner. All means of egress, devices, safeguards and equipment shall be kept in good working order. The exterior of all premises and the condition of all buildings, structures and components thereon, including windows, roofs, siding, and leaders and gutters, shall be maintained so as to prevent and repair deterioration, so that the appearance thereof shall reflect a level of maintenance in conformity with the New York State Uniform fire Prevention and Building Code, the Poquott Village Code and any other applicable state and local laws so as to ensure that the property itself may be preserved and that hazards to public health and safety are avoided.
It shall be the duty and responsibility of the owner, tenant, occupant or other person having possession or charge of any structure, lot or property in the Village of Poquott to ensure that:
A. 
All grounds and exterior of a property are to be kept clean and free and clear of all litter including garbage, junk, refuse, rubbish and/or solid waste, discarded objects and materials such as containers, furniture, and unregistered/inoperable motor vehicles. Yard waste not intended for composting as defined in this Code such as tangled brush and broken limbs shall be removed. Leaves and other debris shall not be blown or moved from private property onto Village roads, rights-of-way or other public property.
[Amended 2-5-2024 by L.L. No. 2-2024]
B. 
All grounds, lawns, trees and shrubbery shall be maintained in a safe and attractive condition, free of nuisance, hazard, debris, litter and unsightly materials, and in a manner that does not pose an obstruction or danger to the passage of pedestrians or vehicles traveling the roadways. For the purposes of this provision, all lawns shall be trimmed to a height of no greater than 10 inches. Dead or diseased trees, or any portion thereof, which present any hazard to life or property shall be removed. Broken tree limbs shall be removed.
[Amended 2-5-2024 by L.L. No. 2-2024]
C. 
Fences and walls are to be maintained in a safe and structurally sound condition. Broken fences and walls are to be repaired or replaced.
D. 
All steps, walks, driveways, private roads, and other similar paved and/or concrete areas are to be maintained and kept in a proper state of repair and maintained free from hazardous conditions.
E. 
All structures shall be maintained at all times in a safe and secure manner with appurtenant roofing, siding, chimneys, windows and doors. Broken or missing roofing, siding, chimneys, windows or doors shall be repaired or replaced.
F. 
All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon or within any structure located thereon.
G. 
Roof drains, overflow pipes, air-conditioning drains and any other water runoff shall be maintained in a safe and operable condition and shall not drain onto a public right-of-way, street or adjoining property.
H. 
All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
I. 
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
J. 
All premises shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property.
K. 
Boats with or without an accompanying boat trailer may be stored in the rear yard of a property, or in the portion of a driveway that is the farthest from the street. Boat coverings must be either custom fitted or shrink wrapped. No tarps or makeshift covers are permitted.
[Added 2-5-2024 by L.L. No. 2-2024]
L. 
Prior to placement for collection, all waste containers and waste stored in plastic bags (waste or debris may not be stored in a plastic bag on the exterior of a property for more than 24 hours) for weekly pickup must be neatly stored in areas away from front yards, sidewalks, or other public rights-of-way affecting the visual and aesthetic character. Household litter left on the curb in bags for Village pickup must be left in an intact sealed plastic bag not more than 24 hours prior to the scheduled date and time of pickup. Household litter left on the curb in a plastic or metal can or container must be fully within the can or container and cannot be left on the roadside more than 48 hours prior to the scheduled date and time of pickup. Cans and containers must be removed within 24 hours after time of pickup.
[Added 2-5-2024 by L.L. No. 2-2024]
M. 
Tents, canopies, carports and shelters in a front or side yard may be installed for a period not to exceed 15 consecutive days and 30 total days in a ninety-day period. For purposes of this chapter, a front yard is the area of a property which is beyond a line drawn that is parallel to the road in front of a house intersecting the part of the front side of the house that is farthest from the road, and extending through the side yards to the side boundaries of the property. A corner property has two front yards. Tents, canopies, carports and shelters in a rear yard must otherwise comply with the Poquott Village Code and the Uniform Code.
[Added 2-5-2024 by L.L. No. 2-2024]
N. 
Vehicles may not be parked in any area of a property including lawns, yards, Village rights-of-way or other areas, that have not been designated and approved by the Village as a driveway.
[Added 2-5-2024 by L.L. No. 2-2024]
O. 
The following applies to all residential properties where work in being done, and construction sites on properties in the Village, whether a building permit is required, has been applied for, or not. Construction materials in the course of the work may be temporarily placed in a neat manner on the side or rear yard of the owner's property in a neat manner for up to 45 days, or seven days after work is completed, or the expiration of the outstanding building permit, whichever is sooner. All construction sites in the Village shall have suitable containers on-site at all times to accommodate any and all construction-related debris which shall be stored in those containers. No outside storage of construction or project-related debris shall be permitted to accumulate, and all outside areas of the work site must remain free of debris, trash and garbage and must be cleaned regularly to ensure compliance. The property owner is responsible for compliance. Bales of hay or other erosion control placed on or around a property must be at all times maintained in a neat and orderly condition and removed no more than 30 days after the completion of the work materials requiring their use except where otherwise directed by a Code Official.
[Added 2-5-2024 by L.L. No. 2-2024]
A. 
No owner or occupant of property, or person, corporation or other entity, shall plant, install, or cause or permit the planting or installation of plant species commonly classified as "running bamboo" (defined as any tropical or semitropical grasses with monopodial rhizome systems, including, but not limited to, the following plant genera: Arundinaria, Chimonobambusa, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella and Semiarundinaria) upon any property located within the Village of Poquott.
B. 
Duty to confine bamboo. In the event any species commonly considered to be classified as "bamboo," either "running" or "clumping," exists on any property within the Village of Poquott at the time of the adoption of this chapter, the owner or occupant of such property shall confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other property or right-of-way.
C. 
Presumption. In the event any species commonly classified as "bamboo" is found to have encroached, spread, invaded, or intruded upon any other property or right-of-way, said species shall be presumed to be classified as "running bamboo."
A. 
All swimming pools, spas and hot tubs shall be maintained in a clean and sanitary condition, and in good repair.
B. 
All swimming pools, spas and hot tubs located on property within the Village of Poquott shall be governed and comply with the requirements set forth in Section 303 of the 2015 International Property Maintenance Code, New York State Supplement, and constitutes a part of this chapter.
Every owner of a below-ground swimming pool which has been abandoned shall remove the liner, fill in or remove the excavation or depression and restore the surface of the ground to its original grade and condition as before the pool was installed. Nothing in this section shall permit such work to be done without first having obtained a permit and inspection from the Building Inspector.
[Amended 10-14-2021 by L.L. No. 5-2021]
In order to provide for the safety, health and welfare of the public, there is hereby incorporated into the Poquott Village Code and made a part of this chapter the New York State Property Maintenance Code.
A. 
This chapter shall be enforced by the Poquott Village Building Inspector, Code Enforcement Official, Poquott Village Department of Public Safety, or other person designated by the Mayor and approved by the Board of Trustees to enforce this chapter.
B. 
Upon the occurrence of a violation of this chapter or of any law or regulation adopted or incorporated into this chapter as provided herein, a written notice or remedy order shall be issued to the owner, manager, agent, tenant or occupant of the property where the violation exists. The written notice or remedy order shall be mailed by certified mail, return receipt requested, and regular mail, and a copy shall be posted on the front door of the main building on the premises. For purposes of this chapter, the manager is the person responsible for the management and care of the property, the agent is a person acting or responsible to act as the agent for the owner, manager, occupant or tenant, and the owner of the property shall be the owner indicated on the last filed tax assessment roll of the Village of Poquott.
C. 
The written notice or remedy order shall specify the name of the owner, manager, owner's agent, tenant or occupant, the property, and the violation, stating the date and time of the violation and the chapter and section of the Poquott Village Code or other code that is violated, the action that must be taken for compliance and the time within which such action must be taken. The remedy order shall provide 10 days for a remedy or compliance unless the Building Inspector, Code Enforcement Official, or Department of Public Safety determines that there is an issue of public health or safety or potential for fire or other damage to a structure or property, in which the notice provided shall be such shorter notice as deemed appropriate by the Building Inspector, Code Enforcement Official or Department of Public Safety.
D. 
Any owner, manager, owner's agent, tenant or occupant of any property located within the Village of Poquott who is in violation of this chapter shall abate such condition when directed to do so by the Building Inspector, Code Enforcement Official or Department of Public Safety and within the time prescribed in the written notice as provided herein.
E. 
In the event that the violation is not remedied within the time specified on the written notice or remedy order, the owner, tenant, or occupant may be issued an appearance ticket in accordance with § 5-4 of the Village Code.
F. 
Remedy order and action.
(1) 
In the event that a remedy order is issued with regard to a violation of this chapter, and the owner, manager or agent or other person or entity to which the remedy order was issued does not remedy the violation or condition within the specified time, whether or not a notice of violation or appearance ticket is issued, the Poquott Village Board of Trustees may, on 10 days' notice to the owner, manager, agent or other person or entity to which the remedy order was issued of the consideration of the resolution at a public meeting, adopt a resolution determining and directing that on 10 days' notice to the owner of the property, in the event that the condition is not remedied within that ten-day period (or five days in the event of a condition affecting public health or safety, fire or potential damage or destruction to a property or structure), the condition may be remedied by the Village.
(2) 
After a presentation to the Board of Trustees by the Building Inspector of the costs to the Village of the remedy action, on 10 days' prior notice to the owner of the property as notice is to be provided herein, the Board of Trustees may conduct a public hearing on the assessment of the remedy costs to the owner, including any costs associated with the remedy action, and an administrative fee of 25%, and any engineering, legal, or other professional expenses incurred, to be charged to and shall become the responsibility of the owner of the property. In the event that the owner of the property does not pay the assessed expenses within 30 days of the date of the billing of those amounts, the amounts shall be added to and as an assessment to the next Village tax bill for that property. The Village may also commence a civil proceeding to obtain the monies from the owner, and the election of the Village to commence a civil proceeding shall not be exclusive and shall not waive or preclude the Village from pursuing any other available remedy.
G. 
The Village of Poquott may commence a civil proceeding in the New York State Supreme Court to enforce this chapter and/or for injunctive relief in the form of temporary relief or enjoinder preventing an action or condition that is in violation of this chapter or mandatory injunctive relief requiring an action of compliance or removal of a violation or condition, or such other action as may be necessary to enforce this chapter, correct or prevent a violation or further violation, or as otherwise may be necessary. The defendant owner, manager, owner's agent, tenant or occupant of any property of any such action shall be liable to the Village of Poquott for the legal fees and other expenses of the Village in the action, and the Village of Poquott shall recover those expenses in the proceeding.
A. 
Any person, corporation, limited liability company, partnership or other entity that is the owner, manager, owner's agent, tenant or occupant of any property, or person who is responsible for the maintenance of a property, that is in violation of this chapter shall be liable for a fine or penalty of not less than $250 for the first offense of this chapter by that person, a fine or penalty of not more than $1,000 for a second violation of this chapter by a person within one year of a conviction under the first violation, and a fine or penalty of not more than $2,500 for a third violation of this chapter by a person within one year of the first and second violations. Each and every day that a violation of this chapter remains outstanding shall be a separate violation with a separate and additional penalty.
B. 
The director or officer of a corporation, the member of a limited-liability company, the general or limited partner of a partnership or a person of similar management capacity in any other type of entity shall be personally responsible for violations of this chapter by their respective entity.