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:
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)].
A flat surface (as of a panel, wall or fence) on which bills
are posted; a large panel designed to carry outdoor advertising.
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.
Something that impairs or destroys; an impaired condition;
to cause to deteriorate, ruin.
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.
The City of Olean.
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.
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.
To break to pieces: the remains of something broken down
or destroyed; ruins.
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.
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)].
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.
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.
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.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
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.
Fully operable for the use intended.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
See "fence."
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.
Any tract of land within the City of Olean on which junk
is placed, collected, stored, kept, maintained or located.
The person in occupancy, in possession or in control of premises
or using premises [9 NYCRR 606.3(a)(149)].
Any person who has charge, care or control of a building
or part thereof.
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)].
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.
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.
A lot, plot or parcel of land, including the building or
structure thereon [9 NYCRR 606.3(a)(162)].
Land and whatever is erected on, growing on, placed on or
affixed thereto.
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.
COMBUSTIBLEPaper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding dunnage and all other materials subject to burning.
NONCOMBUSTIBLEMetal, tin cans, metal furniture, glass, crockery and minerals.
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.
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.
Something worth little or nothing, as junk, rubbish; something
in a crumbled or broken condition or mass; debris from pruning or
processing plant material.
(a)
This chapter establishes certain minimum standards for the initial
and continued occupancy and use of all structures and does not replace
or modify standards otherwise established for the construction, repair,
alteration or use of the structure, the premises or the equipment
or facilities contained therein, as are required by the New York State
Uniform Fire Prevention and Building Code.
(b)
In any case where a provision is found to be in conflict with any
applicable zoning, building, plumbing, electrical, heating, ventilation,
fire or safety code of the City of Olean, County of Cattaraugus, State
of New York or United States of America, the provision that establishes
the higher standard, as determined by the Code Enforcement Officer,
shall prevail.
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.
(a)
Surface or subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers
or other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge.
(b)
Fences and other minor construction shall be maintained in a safe
and substantial condition.
(c)
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled
and necessary repairs or replacement carried out.
(d)
Yards and vacant lots shall be kept clean and free of physical hazards
and rodent harborage and infestation. They shall be maintained in
a manner that will prevent dust or other particles from being blown
about the neighborhood. Open wells, cesspools or cisterns shall be
securely closed or barricaded from access by the public. All temporary
excavations shall be kept covered or barricaded so as to protect the
general public from injury.
(e)
All land must be kept free of dead or dying trees and accumulations
of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious
growths, garbage, refuse or debris which would either tend to start
a fire or increase the intensity of a fire already started or cause
poisoning or irritation to people or animals or cause or tend to cause
or enhance an unhealthy or dangerous or obnoxious condition on said
property or on any adjacent or neighboring property.
(f)
Unpaved parking areas which accommodate three or more vehicles shall
be treated and maintained so as to eliminate dust.
(a)
Each dwelling unit shall be provided with appropriate cooking and
refrigeration equipment. Cooking and refrigeration equipment shall
be maintained in good operating condition. All gas-burning cooking
equipment shall be permanently fastened and connected in place with
any gas supply connection to such equipment in compliance with the
relevant Code provisions. Solid fuel-burning cooking equipment shall
be appropriately vented.
(b)
No dwelling unit shall harbor more than four cats or dogs or the
aggregate total of such animals, except the harboring of a litter
of more than four dogs shall be permitted for a period not to exceed
six months and harboring a litter of more than four cats shall be
permitted for a period not to exceed three months.
(a)
Business units shall at all times be maintained in compliance with
the provisions of this chapter regulating open spaces, buildings or
structures and littering.
(b)
No outside storage or accumulation of garbage, crates, rubbish, refuse
or debris shall be permitted at any time, and all such garbage, crates,
rubbish, refuse or debris shall be kept inside the building or buildings
on the premises or in an acceptable enclosure and shall be regularly
collected and removed from the premises.
(c)
No shopping baskets, carts or wagons shall be left unattended or
standing in open areas, and the same shall be collected at the close
of business each day by the occupant of such unit and moved off to
the interior of the building or buildings. No one shall take a shopping
basket, cart or wagon off the premises without permission of the owner
and/or a manager.
(d)
No mobile refrigeration unit shall be operated on the premises after
the closing of the business conducted thereon unless such mobile refrigeration
unit is electrically operated, except in an industrial zone.
(e)
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include
but not be limited to the replacement of trees and shrubs which may
die and/or otherwise be destroyed, the maintenance and cutting of
lawns and the replacement and/or repair of fences which may become
in disrepair.
(f)
Persons owning or occupying property shall keep all walkways, public
or private, abutting said premises free from litter and trash of whatever
nature.
(a)
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform to generally accepted practice.
(b)
Where the potential for rodent or vermin infestation exists, windows
and other openings in basements and cellars shall be closed or appropriately
screened with wire mesh or other suitable materials.
(c)
No materials, goods or supplies may be stored in any front yard or
in an exterior or interior side yard. Materials may be stored in a
rear yard, provided that the area used for storage is screened from
neighboring properties by a fence or hedge and that the method and
manner of storage complies with the other provisions hereof.
(a)
Residential, commercial and industrial premises, whether improved
or vacant, shall be maintained free of litter; provided, however,
that this section shall not prohibit the storage of litter in appropriate
private receptacles for collection.
(b)
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse in accordance
with the provisions of applicable codes. Each owner of any building
from which garbage, rubbish, mixed refuse, ashes or other wastes are
collected shall provide refuse containers sufficient in number to
hold all collectible wastes which may accumulate. Containers must
be rodent-proof and insect-proof and watertight and must be kept covered
at all times. Such containers must not be kept in a front yard or
exterior side yard, except for the day of collection as determined
by the collections schedule set forth by the Department of Public
Works.
(c)
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first completely removing any locking
or latching devices and all doors.
(d)
Dumpsters and similar large receptacles shall be shielded from the
public view by means of appropriate landscaping, hedges, fences or
screening. This subsection shall not apply to receptacles for clothing
and the like donated to charity and temporary construction, demolition
dumpsters and similar receptacles.
(e)
Shopping centers, supermarkets and similar business units shall provide
permanent, attractive, decorated litter receptacles within the premises
for public use in sufficient quantity so that a person will not have
to walk in excess of 50 feet to use any such receptacle.
(a)
The use of incinerators shall be prohibited in the City of Olean.
(b)
Undiluted liquefied petroleum gas in liquid form shall not be conveyed
through piping equipment and systems in buildings. Liquefied petroleum
gas shall not be vaporized by devices utilizing open flame or open
electrical coil. Where two or more containers are installed, connection
shall be arranged so that containers can be replaced without shutting
off the flow of gas to equipment. Containers shall be designed, stored,
and located outside the building, so as not to be a hazard to the
premises served or to the surrounding property. Systems shall be provided
with safety devices to relieve excessive pressures, and such systems
shall be arranged so that the discharge terminates at a safe location.
Systems shall have at least one accessible means for shutting off
the gas. Such means shall be located outside the building and shall
be maintained in good operating condition.
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.
(a)
Owners of premises shall be responsible for compliance with the provisions
of this chapter and shall remain responsible therefor regardless of
the fact that this chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
(b)
Owners and operators of building shall be responsible for the proper
installation, maintenance, condition and operation of service facilities
and for furnishing adequate heat and hot-water supply where they have
contracted to do so.
(c)
Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the City as executor,
administrator, trustee, guardian, operator or agent, such persons
shall be deemed and taken to be the owner or owners of said property
within the intent and meaning of this chapter and shall comply with
the provisions of this chapter to the same extent as the record owner;
and notice to any such person of any order or decision of the Code
Enforcement Officer shall be deemed and taken to be good and sufficient
notice, as if such person or persons were actually the record owner
or owners of such property. In instances where an occupant is responsible
or shares responsibility with the owner for the existence of one or
more violations of this chapter, said occupant shall be deemed and
taken to be an owner within the intent and meaning of this chapter.
(a)
For purpose of enforcement of this chapter, if work is being done
on the property, either the prime or general contractor or the owner
shall be held responsible.
(b)
Materials may be stored in any area of the property upon which construction
is being carried on, provided that the method of storage and the materials
stored are in compliance with the requirements of this chapter. In
no event shall such storage be permitted for a period exceeding one
year.
(c)
Drainage crossing the property being developed must be maintained
during the period of development, and no materials may be stored,
land disturbed or other work done to interfere with drainage or to
divert or cause runoff of groundwater or stormwater in an unnatural
fashion.
(d)
The person responsible as herein shall take all necessary and reasonable
steps to ensure that there will not be an unusual or unwarranted amount
of dust and debris blown onto or across neighboring or nearby properties.
(e)
Construction roads must be oiled or kept wet or properly treated
to decrease the spread of dust and mud.
(f)
A temporary cover, such as rye grass or a mulch, must be applied
on land that has been stripped of its protective vegetation during
the course of its construction to prevent the spread of dust and mud.
(g)
All excavations in or near a public or private walkway or street
must be properly guarded and protected at all times by lights, flags,
barricades or other warnings sufficient in kind and amount to warn
the public of the danger of falling into the excavation.
(h)
Temporary electrical service must be through electric lines that
are weather and waterproof, such lines must not cross public walkways
or highways on the ground, nor shall they be placed on the ground
in areas subject to construction equipment traffic.
(i)
Grounds and buildings must be kept free of debris such as broken
glass, boards with fastenings protruding and other articles making
travel around the job site dangerous and unsafe.
(a)
The Fire Chief is authorized to make and adopt such written rules
and regulations as may be necessary for the proper enforcement and
interpretation of this chapter, and to secure the intent thereof.
Such rules and regulations shall not be in conflict with the provisions
of this chapter, or any other ordinance of the city, nor shall they
have the effect of waiving any provisions of this chapter or any other
ordinance. Such rules and regulations shall have the same force and
effect as the regulations of this chapter. The penalty for violation
thereof shall be the same as the penalty for violation of the provisions
of this chapter, as provided in this article. Such rules and regulations
shall be submitted to the Common Council by the Fire Chief. Failure
of the Common Council to approve, reject, or modify such rules and
regulations within 30 days after submission shall be deemed to constitute
approval thereof. Such rules shall be on file and available as a matter
of public record in the City Clerk's office.
(b)
No officer, agent, or employee of the City shall render himself personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties
pursuant to this chapter. Any suit brought against any officer, agent,
or employee of the City, as a result of any act required or permitted
in the discharge of his duties pursuant to this chapter, shall be
defended by the City Attorney until the final determination of the
proceedings therein.
(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.
(4)
A statement of the penalties for noncompliance, as set forth
herein.
(c)
A copy of such notice shall be filed in the City Clerk's office,
and such notice shall be deemed sufficient if served upon the owner
or operator as follows:
(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 shall, upon complaint of the Fire Chief, Code Enforcement
Officer, or upon his own motion, 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.
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.
