It is hereby found and declared that there exists in the City
of Olean structures used for residential and nonresidential use which
are or may become in the future substandard with respect to structure,
equipment or maintenance or further that such conditions, including
but not limited to structural deterioration; lack of maintenance and
appearance of exterior of premises; infestation; lack of essential
heating, plumbing, storage or refrigeration equipment; lack of maintenance
or upkeep of essential utilities and facilities; existence of fire
hazards; inadequate provisions for light and air; and unsanitary conditions,
constitute a menace to the health, safety, morals, welfare and reasonable
comfort of the citizens and inhabitants of the City. It is further
found and declared that, by reason of lack of maintenance and because
of progressive deterioration, certain properties have the further
effect of creating blighting conditions and initiating slums and that,
if the same are not curtailed and removed, the aforesaid conditions
will grow and spread and will necessitate in time and expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason of timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
The purpose of this code is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of residential and
nonresidential premises; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make the aforesaid facilities fit for human habitation,
occupancy and use; and to fix certain responsibilities and duties
upon owners and operators and distinct and separate responsibilities
and duties upon occupants.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING
A structure, the use of which is incidental to that of the
main building, and which is attached thereto or is located on the
same premises [9 NYCRR 606.3(a)(1)].
BILLBOARDS (See "SIGNS.")
(1)
A flat surface (as of a panel, wall or fence) on which bills
are posted; a large panel designed to carry outdoor advertising.
(2)
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold
or offered elsewhere than upon the lot on which such sign is situated.
BLIGHT
Something that impairs or destroys; an impaired condition;
to cause to deteriorate, ruin.
BUILDING
A structure, wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
CODE ENFORCEMENT OFFICER
The officer charged with enforcement of building or fire
codes [9 NYCRR 606.3(a)(31)]. The officer employed by the City of
Olean to enforce the City Code of ordinances of the City of Olean
and this chapter, as well as the New York State Public Health Law.
CONSTRUCTION DEBRIS
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse resulting from the erection,
repair, demolition or other improvement of property.
DEBRIS
To break to pieces: the remains of something broken down
or destroyed; ruins.
DETERIORATION
The condition or appearance of a building, or any part thereof,
characterized by holes, rot, breaks, crumbling, cracking, peeling,
rusting or other evidence of physical decay, neglect, excessive use
or lack of maintenance.
DWELLING, MULTIPLE
(1)
A building containing three or more dwelling units; building
containing living, sanitary and sleeping facilities occupied by one
or two families and more than four lodgers residing with either one
of such families; a building with one or more sleeping rooms, other
than a one- or two-family dwelling, used or occupied by permanent
or transient paying guests or tenants; a building with sleeping accommodations
for more than five persons used or occupied as a club, dormitory,
fraternity or sorority or for similar uses; a building used or occupied
as an old-age home or community residence [9 NYCRR 606.3(a)(141)].
(2)
A building containing three or more dwelling units with shared
or individual entrances and/or other essential facilities and services.
This term shall not be deemed to include motel, hotel, rooming house
or other accommodations used for more or less transient occupancy.
(3)
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independent of each other.
EXPOSED TO PUBLIC VIEW
Any premises or open space, or any part thereof, or any building,
or any part thereof, which may be lawfully viewed by any member of
the public from a sidewalk, street, alleyway, open-air parking lot
or from any adjoining or neighboring premises.
EXTERIOR OF PREMISES
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
FENCE
A barrier intended to prevent escape or intrusion or to mark
a boundary, such as a barrier made of posts and wire or boards; an
artificially constructed barrier of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials erected
for the enclosure of yard areas.
GARBAGE
(1)
Food wastes; refuse; the worthless or useless part of something;
leavings; trash.
(2)
Wastes from the preparation, cooking or serving of food; market
wastes; and wastes from the handling, storage and sale of produce.
GOOD WORKING REPAIR
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
JUNK
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
machinery, machines, unregistered motor vehicles which are unfit for
reconditioning, used parts of motor vehicles and any material commonly
known and generally referred to as "junk" in the ordinary and accepted
meaning of the word.
JUNKYARD
Any tract of land within the City of Olean on which junk
is placed, collected, stored, kept, maintained or located.
OCCUPANT
The person in occupancy, in possession or in control of premises
or using premises [9 NYCRR 606.3(a)(149)].
OWNER
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a building [(9 NYCRR 606.3(a)(154)].
PERSON
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organization recognized
as an entity by the laws of the State of New York.
POINT OF VIEW
For the purpose of §
12-5, Exterior standards, not personal opinion but line of sight of adjoining property owners to include front, rear and side views.
PREMISES
A lot, plot or parcel of land, including the building or
structure thereon [9 NYCRR 606.3(a)(162)].
PROPERTY
Land and whatever is erected on, growing on, placed on or
affixed thereto.
REFUSE
(1)
Putrescible and nonputrescible solid waste consisting of organic
or nonorganic materials but shall not include human or animal body
waste.
(2)
All cardboard, plastic material or glass containers, wastepaper,
rags, sweeping, pieces of wood, excelsior, rubber and like waste material.
RUBBISH
Useless waste or rejected matter; noncombustible waste material.
The term shall include the residue from the burning of wood, coal
and coke; and also tin cans, metals, mineral matter, glass, crockery,
dust and other noncombustible matters.
(1)
COMBUSTIBLEPaper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding dunnage and all other materials subject to burning.
SIGNS
A lettered board or other display used to identify or advertise
a place of business; a posted command, warning or direction; something
that serves to indicate the presence or existence of something; any
structure or part thereof or any device attached to a structure or
painted or represented on a structure which shall display or include
any lettering, wording, model, drawing, picture, banner, flag, insignia,
device, marking or representation used as or which is in the nature
of an announcement, direction or advertisement. A sign includes a
billboard but does not include the flag or insignia of any nation
or of any governmental agency or of any political, educational, charitable,
philanthropic, civic, professional, religious or similar organization,
campaign, drive, movement or event which is temporary in nature.
STRUCTURE
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
TRASH
Something worth little or nothing, as junk, rubbish; something
in a crumbled or broken condition or mass; debris from pruning or
processing plant material.
The exterior of the premises and the condition of structures
shall be maintained so that the premises and all buildings shall reflect
a level of maintenance in keeping with the standards of the community
and shall not constitute blight from the point of view of adjoining
property owners or lead to the progressive deterioration of the neighborhood.
Such maintenance shall include, without limitation, the following:
(1) Foundations, porches, decks, steps and walls shall be in good condition.
(2) Vent attachments shall be safe, durable, smoketight and capable of
withstanding the action of flue gases.
(3) Exterior balconies, porches, landings, stairs and fire escapes shall
be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
(4) All permanent signs and billboards exposed to public view permitted
by reason of other regulations or as a lawful nonconforming use shall
be maintained in good repair. Any signs that have become excessively
weathered, those upon which the paint has excessively peeled or those
whose supports have deteriorated so that they no longer meet the structural
requirements of the New York State Uniform Fire Prevention and Building
Code shall, with their supports, be removed or put into a good state
of repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supports, be removed. Signs denoting a business
which is no longer on the premises shall be removed within 30 days
of the date on which the business ceases to occupy the premises.
(5) All storefronts and walls exposed to public view shall be kept in
a good state of repair. Storefronts or any portion of the structure
shall not show evidence of excessive weathering or deterioration of
any nature. Unoccupied storefronts shall be maintained in a clean
and neat appearance.
(6) Any awnings or marquees and accompanying structural members shall
be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or of a similar material and
are exposed to public view, such material shall not show evidence
of excessive weathering, discoloration, ripping, tearing, holes or
other deterioration. Nothing herein shall be construed to authorize
any encroachment on streets, sidewalks or other parts of the public
domain.
(7) All vacant buildings shall be continuously guarded or sealed and
kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Code/Health
Enforcement Officer as to color, design and building material. Owners
of such buildings shall take such steps and perform such acts as may
be required to ensure that the building and its adjoining yards remain
safe and secure and do not present a hazard to adjoining property
or to the public and that such property does not become infested with
vermin or rodents.
(8) Exterior walls, including doors and windows and the areas around
doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. Materials
which have been damaged or show evidence of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner.
(9) All exposed exterior surfaces shall be maintained free of broken
or cracked glass, loose shutters, railings, aerials, peeling paint
or other conditions reflective of deterioration or inadequate maintenance.
(Surfaces not inherently resistant to deterioration shall be treated
with a protective coating of paint or other suitable preservative.)
Wood, masonry or other exterior materials that will naturally resist
deterioration do not have to be treated but must be maintained in
a neat, orderly, serviceable manner.
(10) Roof drains, overflow pipes, air-conditioning drains and any other
device used to channel water off or out of a building shall be maintained
in a safe and operable condition and shall not drain onto a public
sidewalk, walkway, street, alleyway or adjoining property, and shall
be conveyed to an adequate and approved system of stormwater disposal
where available. Where a drainage system may be subject to backwater,
suitable provision shall be made to prevent its overflow into the
building.
(11) Lawns shall be cut and bushes, shrubs and hedges shall be trimmed
regularly during the growing season so as to avoid an unsightly appearance
in accordance with all relevant provisions of the City Code.
An occupant of premises shall be responsible for compliance
with this chapter in regard to the following:
(1) Maintenance of that part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
(2) Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities,
in that part of the premises which he occupies or controls in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
(3) Keeping exits from the building or occupant's portion thereof clear
and unobstructed.
(4) Disposal of garbage and refuse into appropriate facilities in a clean
and sanitary manner, in accordance with any applicable provisions
of the City code.
(5) Maintenance of yards, lawns and courts in a clean, sanitary and safe
condition and free from infestation by rodents or vermin, insofar
as said occupant occupies or controls said yards, lawns or any parts
thereof.
(6) The installation and removal of required screens.
(7) Keeping domestic animals and pets in an appropriate manner and under
control, in accordance with any other regulation of the City.
(8) Elimination of all prohibited uses for that part of the premises
which he occupies, controls or has accessibility thereto.
[Amended 9-26-2023 by Res. No. 78-23]
(a) The Code Enforcement Officer and/or his designee is hereby authorized
and directed to make inspections to determine compliance with this
chapter. Inspections shall be made between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, or at such other times as may
be necessary in an emergency and every operator or owner shall cooperate
with the Code Enforcement Officer in providing access to the premises.
It shall be unlawful for any person to refuse entrance to or to impede
an inspector or officer authorized pursuant to this article in the
performance of his duties. Every such inspector or officer shall have
the right to enter, examine, and survey all premises, grounds, structures,
dwellings, multifamily dwellings or rooming houses and every part
thereof at all reasonable times, or at such other times as may be
necessary in an emergency, upon display of proper identification.
If any owner, occupant, or other person in charge of a dwelling, dwelling
unit, rooming unit, multifamily dwelling or rooming house subject
to the provisions of this chapter refuses, impedes, inhibits, interferes
with, restricts, or obstructs entry and free access to every part
of the structure or premises where inspection authorized by this article
is sought, the administrative authority may seek, in a court of competent
jurisdiction, an order that such owner, occupant, or other person
in charge cease and desist with such interference. Upon failure of
the owner or operator to allow the Code Enforcement Officer access
to the premises for inspections, the Code Enforcement Officer shall
have the authority to apply to the Olean City Court for an administrative
search warrant to compel compliance with this section.
(b) Whenever the Code Enforcement Officer determines that there is a
violation of the provisions of this chapter, he shall cause a written
notice to be served upon the owner or operator, which shall include:
(1)
An enumeration of conditions which violate the provisions of
this chapter.
(2)
An enumeration of the remedial action required to meet the standards
of this chapter.
(3)
A statement of a definite number of days from the date of the
notice in which the owner or operator must commence and complete such
remedial action.
a.
Garbage shall be removed within three days.
b.
Rubbish shall be removed within seven days.
(4)
A statement of the penalties for noncompliance, as set forth
herein.
(c) Such notice shall be deemed sufficient if served upon the owner or
operator as follows:
(2)
By first class mail to the address to which the City tax bills
are mailed and by posting a copy of said notice on the building.
(d) Upon failure to comply with said notice, the Code Enforcement Officer
shall issue an appearance ticket returnable in the City Court.
(e) The City Attorney, Fire Chief, or Code Enforcement Officer, shall
institute appropriate action to restrain, prevent, enjoin, abate,
correct, or remove such violation, and to take such other legal action
as is necessary to carry out the terms and provisions of this chapter.
The remedies provided for in this article shall be cumulative and
not exclusive and shall be in addition to any other remedies provided
by law. All remedies may be pursued concurrently or consecutively,
and the pursuit of any remedy shall not be construed as an election
or the waiver of the right to pursue any and all of the others.
(f) In the event that the owner of such and receives notification to
correct the violation and does not comply therewith, the Code Enforcement
Office shall engage the services of a private contractor to perform
the necessary work. The Code Enforcement Officer shall charge and
bill the owner for the cost of such services.
(g) The Code Enforcement Officer shall keep an account of all such work
done and shall report to the Assessor all parcels of land upon which
such work has been performed and the names of the owners of said parcels
who have not paid for the cost of the work performed, and the Assessor
shall thereupon order assessments upon such lands for the unpaid sums
so reported to be placed as lien on the City tax bill.
A violation of any provision of this chapter shall be an offense
punishable by a fine not less than $50 and no more than $1,000 or
no more than 15 days in jail. For the purposes of this chapter, each
day continued existence of a violation shall constitute a separate
violation.
Any owner of a building receiving a notice of violation stating
that such building does not comply with the provisions of this chapter
may demolish such building, and such action shall be deemed compliance.
On demolishment, all utilities shall be properly disconnected by the
owner, operator, agent, or occupant.