[HISTORY: Adopted by the Town Board of the Town of Marion 9-11-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
This chapter shall be known as the "Property Nuisance Abatement
Law of the Town of Marion."
Dangerous and unsafe buildings, structures and premises threaten
life and property in the Town of Marion and constitute nuisances.
Premises, whether occupied or unoccupied by human beings, improved
or not, may become nuisances, dangerous and unsafe, by reason of faulty
design or construction, violation of state or local codes, laws, rules
or regulations or any combination of these or other factors that create
a hazard to the community. This chapter provides for the safety, health,
protection and general welfare of the persons and property of and
in the Town of Marion by requiring that such unsafe premises be repaired,
cured, cleared, cleaned, vacated, or demolished.
The following words, phrases and terms shall have the following
meanings:
Any building, structure or portion thereof used for any or
no purpose whether vacant or occupied, including residential, business,
agricultural or industrial purposes.
The Code Enforcement Officer of the Town of Marion or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
Motor vehicles, truck bodies, tractors, trailers or watercraft
in such state of physical or mechanical disrepair or ruin as to be
incapable of propulsion or of being operated upon the public streets
or highways or on the water, as the case may be.
Worn-out or discarded material of little or no value, including,
but not limited to, household appliances or parts thereof, tools,
discarded building materials, discarded furniture, used tires or any
unsightly debris, the accumulation of which has an adverse effect
upon neighborhood or Town property values, health, safety or general
welfare. "Junk" shall also include refuse, trash and rubbish.
As defined in § 125 of the New York State Vehicle
and Traffic Law; unlicensed motor vehicles, truck bodies, tractors
or trailers; motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
Grass, brush, rubbish or weeds of a nature which are a fire
or health hazard, including lawns in excess of eight inches in height
and shall also include any plants or vegetation in excess of eight
inches in height between the sidewalk and curb of any property.
Any person, firm, partnership, association, corporation,
company or organization of any kind. "Persons" shall also include
the occupant of the parcel of land.
The Town of Marion.
The Town Board of the Town of Marion.
Real property and/or any improvements, buildings, structures, equipment thereon or installations therein, including electrical, gas, water, sewer or septic service, whether above or below ground surface, that have become or are so dilapidated, decayed, unsafe, unsanitary, a fire hazard or are likely to cause injury, sickness or disease and, therefore, are a danger to the health, safety or general welfare of those residing in or upon the property or adjacent to same or to the citizens of the Town of Marion at large. "Unsafe premises" are further defined as properties that, because of their condition, are otherwise unsafe, unsanitary or dangerous to the people of the Town of Marion. "Unsafe properties" shall also be those properties that are in violation of the New York State Uniform Fire Prevention and Building Code, the New York State Public Health Law and the New York State Sanitary Code and such violation of Chapter 308, Zoning, of the Code of the Town of Marion, and other local laws and ordinances declared to be public nuisances by the Town Board by resolution. "Unsafe premises" may include the whole or any portion of any real property described in a deed recorded in the office of the Wayne County Clerk or on the tax rolls and Tax Map of the Town of Marion, Wayne County. "Unsafe premises" may be improved or unimproved real property, containing buildings and/or consisting of vacant land.
A.
Restricted. Except as otherwise provided for in statute, no more
than one unlicensed, inoperable, junked or wrecked motor vehicle,
truck body, tractor body, tractor or trailer or watercraft shall be
kept or stored outdoors on any public or private property within the
Town of Marion for a period exceeding 72 hours. No person shall accumulate,
store, or allow any unregistered motor vehicle, truck body, tractor
or trailer or watercraft in the open upon any public or private property
within the Town for a period exceeding 72 hours.
B.
Exceptions. Any business lawfully engaged in automotive sales or
repair may retain no more than three disassembled, inoperable, junked
or wrecked vehicles in the open, whether covered or uncovered, for
a period not to exceed 30 days, after which such vehicles shall be
removed. This section shall not apply to properly zoned, permitted
and licensed junkyards established pursuant to § 136 of
the General Municipal Law.
C.
Any singly permitted vehicle, truck body, tractor body, tractor or
trailer or watercraft must be covered by a fitted car or watercraft
cover. The use of cloth or plastic tarps is strictly prohibited.
A.
No person shall maintain, plant or permit to remain on any private
property any noxious weeds or growth, or permit junk to accumulate
thereon.
B.
All premises and immediate exterior property shall be maintained
free from noxious weeds or growth. No owner, occupant or person having
control of any lot or land in the Town shall maintain, plant or permit
any noxious weeds on the lawn area adjacent to a house or accessory
building located on the same house parcel.
C.
The area between the property line and the curb, or for 10 feet outside
the property line if there is no curb, shall be maintained to ensure
that no growth of weeds, grass or flowers shall exceed eight inches
on average or to allow any accumulation of dead weeds, grass or brush.
D.
If an area is established as a flower garden, garden, or natural
area of wildflowers, the area must be clearly defined by the utilization
of fencing, mulching or other form of delineation and shall be located
not closer than 10 feet of any public roadway, street, or right-of-way.
E.
It is prohibited to allow hedges, shrubs or trees to encroach onto
public sidewalks and lines of sight of public roadways.
F.
No person shall cause the accumulation of any noxious weeds or growth
including raked leaves and lawn clippings to be deposited in whole
or in part on any public roadway.
Complaints concerning any violation of this chapter shall be
made to the Code Enforcement Officer for the Town of Marion, who shall
immediately cause an investigation to be made with respect thereto
and the written report of such investigation filed with the Code Enforcement
Office.
If, after such investigation, it appears that there is a reasonable
basis to believe that any of the provisions of this chapter have been
violated, the Code Enforcement Officer shall immediately cause a notice
in writing to be served upon the owner or occupant of the property.
The owner, occupant or any person having control over any lot, land
or property found in violation of said code shall be notified in writing
only once in any given year for a particular violation. Subsequent
violations of a similar nature at the same location during the same
year shall be corrected by the Town or its agent without notice to
the owner, occupant or person having control of said property. After
initial notification, such owner, occupant or person having control
of said property will be presumed to have been given sufficient notice
of infraction for the entire season. Such notice shall set forth the
nature of the complaint and shall direct the owner or occupant to
remove said noxious weeds and growth, junk, motor vehicles or watercraft.
The notice required under this chapter shall be served upon the owner
or his or her executor, legal representative, agent, lessee or any
other person having a vested or contingent interest in such premises
as shown by the records of the Town Assessor or of the Wayne County
Clerk. Service shall be made either personally or, if not by personal
service, by registered or certified mail, and by first-class mail
addressed to the last known address, if any, of the owner, his or
her executor, legal representative, agent, lessee or other person
having a vested or contingent interest in such premises as aforesaid
identified. If service is made by registered or certified mail, a
copy of the notice shall be posted on the premises. The notice shall
be in substantially the following form:
To the owner, occupant or person having charge of land known
on the assessment roll of the Town of Marion as vacant lot(s) located
on the _____ side of _______________ Street or Avenue; or house and
lot number _____ located on the _____ side of _______________ Street
or Avenue.
Notice is hereby given that you have failed to cut the grass
or weeds, Local Law No. 2 of 2017 entitled "Property Nuisance Abatement."
Said grass or weeds must be cut, and any junk or refuse or unregistered
or inoperable motor vehicle(s) or watercraft removed within seven
days from the date of the notice, if this notice is personally served
upon you and 10 days from the date of this notice, if this notice
is served upon you by registered or certified mail.
In case you fail or refuse to comply with this notice on or
before the expiration of said seven days or 10 days from the date
of this notice, as the case may be, the Town of Marion, acting through
its duly authorized agents, servants, contractors, officers and employees,
will enter upon your land and cut said grass or weeds or remove said
junk or refuse or unregistered or inoperable motor vehicle(s) or watercraft.
The expense incurred by the Town, including vehicle towing, storage,
the cost of disposing of said vehicle and an administration fee of
$75, will be billed to you, and if not paid within 30 days, will be
assessed against the above-described land, and shall constitute a
lien thereon and shall be added to the next real property tax levied
against the property by the Town and collected as provided by law.
A second or subsequent violation for the same offense within
a calendar year will result in a civil penalty of $100 being billed
to you, and levied upon your Town tax bill if not timely paid.
You will be notified in writing only once in any given year
for a particular violation. Subsequent violations of a similar nature
at the same location during the same year shall be corrected by the
Town or its agent without notice to the owner, occupant or person
having control of said property. After initial notification, such
owner, occupant or person having control of said property will be
presumed to have been given sufficient notice of infraction for the
entire season.
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Dated:
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Code Enforcement Officer
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Any person feeling aggrieved by any such action or notice may,
within three days after the receipt of such notice, demand the matter
be inquired into by the Town Board. Such demand must be in writing,
signed by the person seeking such inquiry, and filed with the Town
Clerk. Within a reasonable time, the Town Board shall schedule a date,
time and place for a hearing before the Town Board in which the aggrieved
person may address the Town Board. Such hearing shall be scheduled
not less than five business days from the date of service of the notice.
A.
In the event of the refusal or neglect of the person so notified
to comply with said notice or order of the Town Board in the event
the aggrieved party requests a hearing pursuant to this chapter the
Town Board shall provide for the removal of the junk, motor vehicle,
watercraft or noxious weeds and growth, as the case may be, either
by Town employees or by contract, and the total cost thereof, including
an administrative fee of $75, shall be billed to the owner, and, if
not paid within 30 days, will be assessed upon the real property upon
which the motor vehicle, junk, watercraft, or noxious weeds and growth
are found, and shall constitute a lien and charge upon the real property
on which it is levied until paid or otherwise satisfied or discharged,
and shall be collected by the Town in the manner provided by law for
the collection of real property taxes.
B.
In any case where the Town of Marion provides for the removal of
junk, motor vehicle, watercraft, noxious weeds or growth, there shall
be an administrative fee of $75 assessed against the property from
which the junk, motor vehicle, watercraft, noxious weeds or growth
are removed.
C.
A second violation for the same or subsequent offense within a calendar
year will result in a civil penalty of $100 being billed to the property
owner and levied upon the property owner's Town tax and collected
as provided by law if not timely paid.
