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:
BUILDING
Any building, structure or portion thereof used for any or
no purpose whether vacant or occupied, including residential, business,
agricultural or industrial purposes.
CODE ENFORCEMENT OFFICER
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.
JUNK
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.
MOTOR VEHICLE
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.
NOXIOUS WEEDS AND GROWTH
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.
PERSONS
Any person, firm, partnership, association, corporation,
company or organization of any kind. "Persons" shall also include
the occupant of the parcel of land.
UNSAFE PREMISES
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.
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.
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.