[HISTORY: Adopted by the Town Board of the Town of Potsdam 6-12-2007 by L.L. No. 6-2007 (Ch. 84 of the 1986 Code). Amendments noted where applicable.]
A.
The purpose of this chapter is to provide a minimum standard for
the maintenance of the exterior grounds in an effort to secure the
future environmental quality of the land, groundwater and open waters
within the Town. This chapter is designed to promote environmentally
safe residential neighborhoods, business and commercial districts
by prohibiting or regulating certain practices undertaken by property
owners, their delegate agents, tenants or occupants which could potentially
create, cause or contribute to environmental degradation of land and
water within the Town.
B.
The adoption and enforcement of this chapter is intended to serve
as deterrence to substandard exterior property maintenance and as
a tool for protecting property investment, the tax base and the health,
safety and welfare of all Town residents.
C.
This chapter
will be enforced together with the 2015 International Property Maintenance
Code and the amendments of the 2017 Uniform Code Supplement.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
For the purposes of this chapter, the following definitions
shall apply:
A certificate issued pursuant to § 120-7 of this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Yard trimmings, vegetable wastes and other matter managed
to provide aerobic, thermophilic decomposition of organic constituents
to produce a stable, humus-like material. The organic material shall
be stored in a container or compact pile that:
Food wastes, food wrappers, containers, nonrecyclables or
other materials resulting from the use, consumption and preparation
of food or drink, as well as other expended used or discarded materials,
such as paper, plastic, metal, rags or glass, etc., or any other wastes
generated from day-to-day activities of a household, business or public
or quasi-public facility. The term "garbage" does not include properly
prepared and stored recyclable materials or properly maintained compost
areas.
Any area of a building or lot, excluding porch areas, not
enclosed within the walls of a building. These terms include any public
rights-of-way which pass through or are adjacent to a property, including
the sidewalk and any area between the sidewalk, if there is one, and
the street pavement.
Includes any open and/or partially enclosed porches or decks
as well as any entranceways or exitways which are in the public view.
Areas of any property that are visible by pedestrian or vehicular
traffic in the public right-of-way or visible from the exterior ground
level of adjoining properties or properties within 100 feet of the
subject property or special circumstances that allow for public visibility
or detection.
Includes materials or substances that are discarded or rejected
as being spent, worthless, useless or in excess to the owners at the
time of such discard or rejection, including but not limited to materials
or substances such as garbage, refuse, industrial and commercial wastes,
sludge from air or water treatment facilities, rubbish, tires, ashes,
incinerator residue, construction and demolition debris, discarded
motor vehicles, discarded household and commercial appliances and
discarded furniture. An object shall be presumed to be discarded or
rejected solid waste when the object is stored, placed or left on
the grounds or exterior of the property in the view of neighbors or
passersby under circumstances which meet any of the following criteria:
The object produces an offensive smell.
The object is of a type designed for interior use or made of
materials which are suitable only for the interior use, and the object
is left outside and exposed to precipitation.
The object has reached a degree of dilapidation or disrepair
that can reasonably be presumed to render the material unsuitable
for or incapable of being used for its original intended purpose or
some other reasonable purpose.
Any solid, liquid, or gaseous matter, including but not limited
to gases, vapors, dusts, fumes, and mists containing properties which
by chemical means are inherently harmful and likely to destroy life
and impair health, or capable of causing injury to the well-being
of persons or damage to property.
A container that is nonabsorbent, watertight, and durable
having a tight-fitting lid in place. Plastic bags are not considered
durable containers.
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens.
It shall be the responsibility of all owners, their delegated
agents, tenants, or occupants of their property within the Town and
it is their respective duty to adopt the following practices:
A.
That all grounds and exterior property are kept clean and free of
solid waste.
B.
Solid waste, other than garbage stored in proper containers described
in the preceding section, is not stored in the public view, except
construction and demolition debris related to an ongoing construction
project with a valid building permit may be stored in the public view
for no more than 30 days or by special use by the Code Enforcement
Official. Residents may place reusable materials on the front lawn
for purposes of informal scavenging, to not be in public view for
more than two successive days.
C.
Strong, waterproof plastic bags may be used to place garbage at the
roadside on the day of collection.[1]
D.
All premises and immediate exterior property shall be maintained
free from weeds in excess of 10 inches. All noxious weeds shall be
prohibited.
(1)
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of notice of violation, he or she shall be subject to prosecution in accordance with § 219-17. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
E.
Motor vehicles.
(1)
Except as provided for in state statute or other municipal or state
regulations, two or more inoperative or unlicensed motor vehicles
shall not be parked, kept or stored on any premises, and no vehicle
shall at any time be in a state of major disassembly, disrepair, or
in the process of being stripped or dismantled.
(2)
Painting of vehicles is prohibited unless conducted inside an approved
spray booth.
(a)
Exception: A vehicle of any type is permitted to undergo major
overhaul, including bodywork, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.
It shall be the responsibility of the property owners or their
delegated agents within the Town and their duty to adopt the following
practices:
A.
Stairways, decks, porches and balconies are to be kept free of garbage,
unless the garbage is stored and completely contained in a durable,
nonabsorbent, watertight container having tight-fitting lids in place
in anticipation of weekly collection or disposal. Plastic bags are
not considered durable containers.
B.
Construction and demolition debris can be located in these areas
for no longer than 30 days.
C.
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
The components
of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition.
B.
Where any
of the following components of a structure and equipment’s conditions
cause the component or system to be beyond its limit state, the component
or system shall be determined as unsafe, and shall be repaired or
replaced to comply with the Uniform Code.
(1)
Components:
soils, concrete, aluminum, masonry, steel, wood.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Every exterior and interior flight of stairs having more than
four risers shall have a handrail on one side of the of the stair
and every open portion of a stair, landing, balcony, porch, deck,
ramp or other walking surface that is more than 30 inches (762 mm)
above the floor or grade below shall have guards. Handrails shall
be not less than 30 inches (762 mm) in height or more than 42 inches
(1067 mm) in height measured vertically above the nosing of the tread
or above the finished floor of the landing or walking surfaces. Guards
shall be not less than 30 inches (762 mm) in height above the floor
of the landing, balcony, porch, deck, or ramp or other walking surface.
A.
Exception.
Guards shall not be required where exempted by the adopted building
code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Swimming pools. Swimming pools shall be maintained in a clean
and sanitary condition, and in good repair.
A.
All exterior property and premises and the interior of every structure
shall be free from any accumulation of rubbish or garbage.
B.
Combustible waste, refuse and large quantities of dry vegetation,
which by reason of their proximity to buildings or structures would
constitute a fire hazard or contribute to the spread of fire, shall
be removed.
C.
Every occupant of a structure shall dispose of all rubbish in a clean
and sanitary manner by placing such rubbish in approved containers.
D.
The owner of every occupied premise shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible
for the removal of rubbish.
E.
Refrigerators and similar equipment shall not be discarded, abandoned,
or stored on premises accessible to children without first removing
the doors.
F.
Every occupant of a structure shall dispose of garbage in a clean
and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
A.
All structures must be kept free from insect and rodent infestation.
All structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be injurious to human
health. After extermination, proper precautions shall be taken to
prevent reinfestation.
B.
The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
C.
The occupant of a one-family dwelling or of a single-tenant nonresidential
structure shall be responsible for extermination on the premises.
D.
The owner of a structure containing two or more dwelling units, a
multiple occupancy, a rooming house or a nonresidential structure
shall be responsible for extermination in the public or shared areas
of the structure and exterior property. If infestation is caused by
failure of an occupant to prevent such infestation in the area occupied,
the occupant shall be responsible for extermination.
E.
The occupant of any structure shall be responsible for the continued
rodent and pest-free condition of the structure. If the infestations
are caused by defects in the structure, the owner shall be responsible
for extermination.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an Inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) and (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) and (2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections.
(1)
Nothing in this section or in any other provision of this chapter
shall supersede, limit or impair the powers, duties and responsibilities
of the New York State Office of Fire Prevention and Control ("OFPC")
and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b.
(a)
The Code Enforcement Officer shall not perform firesafety and
property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(b)
The Code Enforcement Officer shall not perform firesafety and
property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(c)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) and (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in this subsection; and
(d)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) and (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A of this section.
A.
The Code Enforcement Officer shall annually submit to the Potsdam Town Board a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in Chapters 120 and 219 and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the Town of Potsdam on a form prescribed by
the Secretary of State, a report of the activities of the Town of
Potsdam relative to administration and enforcement of the Uniform
Code.
C.
The Code Enforcement Officer shall, upon the request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials the Town of Potsdam
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of the Town in
connection with administration and enforcement of the Uniform Code.
A.
An action or proceeding may be instituted in the name of the Town
in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of
the Uniform Code, the Energy Code, this chapter, or any term or condition
of any building permit, certificate of occupancy/certificate of compliance,
temporary certificate, stop-work order, operating permit, compliance
order, or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this chapter. In particular, but not
by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, this chapter, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this chapter, an action or proceeding may be commenced in the name
of the Town in the Supreme Court or in any other court having the
requisite jurisdiction to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Supervisor of the Town.
C.
Where activities do not comply with applicable provisions of the
Uniform Code, an operating permit shall be revoked or suspended.
The Chief of any Fire Department providing firefighting services
for a property within the Town of Potsdam shall notify the Code Enforcement
Official of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent, or any fire the origin
of which has been traced to the electrical system of any building
or structure.
A.
The responsibilities outlined in previous sections may be delegated
to an agent by the property owner, so long as, at the time of any
violation of this chapter, an agency agreement is on file in the Code
enforcement office which contains the following information:
(1)
The identity of the owner and the agent.
(2)
The owner's and agent's addresses and current phone numbers.
(3)
The property or properties the agent is accepting responsibility
for.
(4)
The beginning and ending date of the agreement.
(5)
The exact sections of this Code assigned to the agent.
(6)
The signatures of both the property owner and agent, along with each
party's date of birth.
B.
The agent must be a resident of or maintain an office for the transaction
of business in St. Lawrence County or an adjoining county. Post office
boxes will not be accepted as addresses for agents.
Any case in which the Town, by written notice, requires an owner
or his/her designated agent to correct any violation of this chapter,
and the owner or his/her designated agent fails to correct the condition
within the time prescribed in said notice, shall be considered a default,
and upon said default, the Town may cause the violation to be corrected,
and the total expense of such correction may be assessed by the Town
Board on the real property on which such corrections were not made,
and the expense so assessed shall constitute a lien and charge on
the real property on which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as other Town charges.
These regulations shall be administered by the Code Enforcement
Officer designated by the Town Board.
Any person, as herein defined, committing an offense against
any provision of this chapter or the rules and regulations issued
pursuant thereto shall be guilty of a violation punishable by a fine
of not more than $250 per week or imprisonment for a term not exceeding
15 days, or both.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
