[HISTORY: Adopted by the Common Council of
the City of Oswego 5-12-1980 as
Ch. 77 of the 1980 Code; amended in its entirety 3-12-2018 by L.L. No. 2-2018.
Subsequent amendments noted where applicable.]
The provisions of this chapter shall apply to all existing premises
and constitute minimum requirements and standards for safe and sanitary
maintenance.
This chapter is intended to provide standards to safeguard public
safety, health and general welfare insofar as they are affected by
the maintenance of premises.
As used in this chapter, the following terms shall have the
meanings indicated:
An employee of the City of Oswego with the authority to enforce
state and local ordinances and codes, including but not limited to
the Police, Fire and Code Enforcement Departments of the City.
A roofed structure attached to the first floor of a building
which is fully enclosed by walls, windows, and/or screening material
that is not accessible from the outside except through a door that
can be locked.
All putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including
the container in which such items are packaged.
Worn out or discarded material of little or no value, including,
but not limited to, a junk appliance, junk furniture, junk mobile
home, junk motor vehicle or garbage, rubbish and debris.
Uncultivated habitat whereupon native vegetation exists in
a pristine state.
A dumpster that acts as the primary depository of waste materials
and garbage for the premises.
Ordinary household or commercial trash such as paper and
paper products, barrels, cartons, boxes, cardboard, cans, glass, metals,
machinery, plastics, rubber, crates, furniture, rugs, clothing, rags,
mattresses, blankets, cigarettes, tires, lumber, brick, stone and
other building materials no longer intended or in condition for ordinary
use; and any and all tangible personal property no longer intended
or in condition for ordinary and customary use.
A dumpster that is used for transitory collection of construction
debris, junk or other materials.
Any structure attached to the first floor of a building which
does not meet the definition of an enclosed porch.
Any real property owned by an individual, corporation, or other
entity is, when reported or observed by a Code Enforcement Official,
subject to inspection by Code Enforcement officials of the City of
Oswego, New York.
B.
Garbage and refuse. Garbage and refuse originating from private and
multiple dwellings shall be drained of surplus liquid and securely
wrapped in paper or plastic bags prior to disposition in an approved
collection container. Garbage and refuse originating in institutions,
cafeterias and commercial establishments shall be drained of surplus
liquid prior to disposition in an approved collection container.
C.
Building debris. Building debris shall be placed at the point of
collection in approved collection containers. The gross weight of
the building debris shall not exceed 75 pounds. Building debris and
other large items, i.e., refrigerators and stoves, that are too large
for placement in collection containers shall be deemed "bulky waste."
Any item that has a door shall have it removed or the latching mechanism
disabled.
A.
Approved collection containers shall be made of adequate material,
shall be of substantial construction, shall have handles and shall
have attached tight-fitting covers tethered to the can. They shall
be watertight and shall be fly- and rodent-tight. Approved collection
containers shall be clearly marked for identification by the owner,
either by name or street number. Collection containers for private
dwellings shall have a capacity conducive to the applicable hauler's
ability to dump and maintain.
B.
There shall also be required separate collection containers for any
materials deemed recyclable under Oswego County's Mandatory Recycling
Program and shall be subject to changes at any time as Oswego County
finds it necessary to change.
C.
Location of collection containers. The resident shall be required
to keep all collection containers, including those used for recycling,
in an area away from the street in a location in back of, or alongside
of, his/her own premises until the scheduled pickup day, at which
time residents may place their trash container(s) at the edge of the
pavement, street or road anytime after 5:00 a.m. on said day. On or
before 9:00 p.m. of that same day, the trash container(s) shall be
returned to the proper storage location as stated in this subsection.
The trash hauler will return the container(s) to the location where
they were found at the time of pickup.
A.
All metal trash dumpsters shall be screened from street or public
view by a six-foot screening enclosure.
(1)
The type of enclosure shall be a wooden fence, concrete masonry units,
bricks or other opaque material approved by the Zoning Administrator.
(2)
The enclosure for a metal dumpster shall be placed on a four-inch
pad that matches the adjacent grade and paving to provide positive
drainage and shall not be located on any required parking spaces.
B.
Permanent dumpsters shall be located within a rear or side yard as approved by the Zoning Administrator but shall not be located closer than five feet to a lot line nor in a location not visible from the street right-of-way unless contained in an approved screening enclosure installed in accordance with § 249-7A of this chapter.
C.
Temporary dumpsters shall be located in an area as approved by the
Department of Code Enforcement. Obstructing the public sidewalk or
street shall be prohibited unless specifically authorized by the Chief
of Police or his/her designee.
D.
No dumpster shall be located on premises without a permit authorizing
its placement.
(1)
On forms provided by the Department of Code Enforcement, the applicant
shall identify the size and location of a permanent dumpster relative
to the property lines. If required, details shall be provided regarding
the enclosure surrounding the dumpster. The duration of the permit
and the fee for the permit shall be established, from time to time,
by resolution of the Common Council. The Department, for good cause,
may revoke said permit.
(2)
On forms provided by the the Department of Code Enforcement, the
applicant shall identify the size and location of a temporary dumpster
relative to the property lines. The duration of the permit and the
fee for the permit shall be established, from time to time, by resolution
of the Common Council. The Department, for good cause, may revoke
said permit.
E.
Permit applicants with outstanding violations or unpaid monies.
(1)
No such permit shall be granted to or renewed for an applicant who
is in violation of any City of Oswego code, ordinance or local law
(hereinafter "violations") or who owes property taxes, water or sewer
fees, special assessments, fines for violations of City ordinances
or any other fees or past-due monies of any name or nature owed to
the City of Oswego (hereinafter "unpaid monies").
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the Department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied, regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied, regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this chapter.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities, and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in, or holding the ability to cast or control more than 10% of the
votes in, such entity.
A.
All premises shall be maintained free from debris and noxious weeds
or grass in excess of 10 inches in height. Bushes shall not exceed
four feet in height in a front yard and six feet in height in a side
or rear yard. Vacant structures shall be secured from illegal entry
on the basement and first floor levels. Exception: Natural habitat
shall be maintained free from debris and noxious weeds or grass only
where native vegetation interferes with vehicular lines of sight or
pedestrian access to a public sidewalk.
B.
All dead, defective, diseased or decayed trees shall be pruned until
safe or removed at the direction of the Department of Code Enforcement.
C.
Residential swimming pools shall be maintained in a clean and sanitary
condition, and in good repair. Existing fences surrounding pools shall
be continuous and free from defects that may allow entry by unauthorized
persons.
Outdoor use or storage of upholstered furniture not manufactured
for outdoor use, including, without limitation, upholstered chairs,
upholstered couches, and mattresses, shall be prohibited from being
visible on the property from any public space, sidewalk, street or
highway. Outdoor use or storage of such furniture as aforesaid shall
also be prohibited on any unenclosed porch which is located on public
space in the City of Oswego, New York.
A.
The deposit, accumulation, or storage of junk, regardless of quantity,
is hereby prohibited within sight of persons traveling the public
highways or within sight of neighboring property. The provisions of
this subsection shall also be applicable to conditions existing at
the time of enactment.
B.
It shall be unlawful for any person to use a bus, uninhabited mobile
home, truck, truck trailer, horse trailer, semitrailer, tank truck,
or similar vehicles or units for the storage of junk on any premises.
Exceptions shall be made for the temporary use of such vehicles or
units for construction purposes for periods of less than 90 days,
or when actively used in connection with active farming or agricultural
operations.
A.
Upon notification of a violation of any sections of this chapter,
the Code Enforcement Official will notify the owner, tenant and occupant
of his/her findings and explain, in detail, the steps the owner, tenant
and occupant must take to bring the premises into compliance. This
may be done by any of the following methods:
B.
The Code Enforcement Official will also set a day by which time the
work must be completed.
C.
If the work is not completed as required in the notification sent to the owner pursuant to Subsection A herein, the City may go upon the premises in violation and may take or cause to take appropriate measures to alleviate the conditions complained of. In the event that the City does take action as herein described, the City shall ascertain the costs of such remedial measures and place said amount upon the tax rolls for said property, plus an administrative surcharge in the amounts listed below:
|
Value of Work
|
Surcharge
|
|---|---|
|
$1 to $99
|
$100
|
|
$100 to $199
|
$150
|
|
$200 to $299
|
$200
|
|
$300 or greater
|
$250
|
D.
If an unlawful condition or use is found not to have been properly
remedied or made to comply with the provisions of this chapter, the
Director of Code Enforcement is empowered to immediately institute
any appropriate action, charge or proceedings in the proper legal
court to enforce the provisions of this chapter and for the prosecution
of any owner, occupant or offender.
E.
In the event that two notices of violation of any section of this chapter have been previously sent to the owner, tenant or occupant of a residential home within a six-month period, the requirement of a notification pursuant to Subsection A shall be waived, and the Director of Code Enforcement, or his/her designee, is empowered to immediately institute any appropriate action pursuant to Subsection D.
All premises shall be maintained properly such that they shall not be a threat to public safety. In the event that the Department of Code Enforcement identifies a structure or premises that imminently endangers the public health, safety or welfare, it shall take appropriate measures to render the condition safe pursuant to § 249-11 of this chapter.
A.
A violation of any provision of this chapter shall be punishable
by a fine based on the previous number of violations related to the
premises by the current owner. Such fines amounts shall be based on
the below:
|
Number of Previous Violations
|
Fine Amount
|
|---|---|
|
0
|
$75
|
|
1
|
$150
|
|
2
|
$300
|
|
3 and above
|
$500
|
B.
Each day of continued violation shall constitute a separate additional
violation.
A.
Any person who willfully or recklessly violates any provision of
this chapter; willfully or recklessly violates or fails to comply
with any requirement of an order of the Department; or willfully makes
or causes any other person to make any false or misleading statement
on any notice or other document required to be filed pursuant to this
chapter or on any application or any accompanying document for the
granting of any permit or any other action by the Department pursuant
to this chapter shall be guilty of an offense punishable by a fine
of not less than $250 nor more than $500 for each violation or by
imprisonment for up to 15 days, or by both such fine and imprisonment,
or other penalties pursuant to the Penal Law of the State of New York.
B.
A person commits a willful violation when he/she intentionally acts,
or intentionally fails to act, to cause a desired result that violates
this chapter. A person commits a substantial risk that the act or
failure to act will result in a condition constituting a violation
of this chapter which will endanger the life, health, safety or general
welfare of another person.
C.
In a prosecution for a willful or reckless violation of a provision
of this chapter, evidence of prior service of civil process or of
prior judgments from the same violation and relating to the same premises
shall be admissible on the issue of the defendant's knowledge
of the existing violation.
D.
Evidence that the defendant had knowledge or notice of the violation
and failed to correct the same for more than one month or take reasonable
action to explain to the Department this failure shall be evidence
of the willfulness of the defendant's action.
E.
This section shall not be construed to prevent conviction for a willful
violation on other grounds.
Any person who refuses entry or access to an officer or an inspector
of the Department to any premises or any part thereof that the officer
or inspector is lawfully authorized to inspect or who unreasonably
interferes with an authorized inspection shall be guilty of an offense
punishable by a fine of not more than $50 or by imprisonment for not
more than five days, or by both such fine and imprisonment, or other
penalties pursuant to the Penal Law of the State of New York.
This chapter shall become effective immediately upon filing
with the Secretary of State.
