The purpose of this article is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, and condition of all property in the Village of Cayuga Heights.
A. 
The owner of any lot in the Village shall be responsible for maintaining the exterior of the lot free of litter and all nuisances and hazards to the safety of owners, tenants, occupants, pedestrians and other persons having access to the lot, and free of unsanitary conditions, and the owner shall promptly remove and abate any of the foregoing. Hazards shall include, but not be limited to, the following:
(1) 
Refuse consisting of broken glass, stumps, garbage, trash and debris of any description, excepting brush piles so long as they are located in the back yard and are not visible from a public street or sidewalk;
(2) 
Natural growth consisting of dead or dying trees or parts thereof and other natural growth which, by reason of age, rotting or deteriorating conditions or storm damage, are dangerous to persons in the vicinity thereof;
(3) 
Overhangings consisting of loose, overhanging, and projecting objects and accumulations of ice and snow, which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof;
(4) 
Ground surface and unsanitary conditions consisting of holes, excavations, breaks, projections, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises;
(5) 
Accumulation of stormwater other than in locations and to the extent designed for same in a stormwater management plan; and
(6) 
Sources of infestation of any insects, rodents, or other pests.
B. 
The owner of any lot in the Village shall be responsible for performing the following maintenance activities on an ongoing basis:
(1) 
Trees and other natural growth shall be kept pruned or trimmed in order that such trees and natural growth do not constitute a hazard, as defined above.
(2) 
Lawn areas shall be kept mowed such that the height of growth in any lawn area does not exceed 10 inches.
(3) 
Drainage systems, facilities and features shall be maintained in good operating condition and so as to prevent accumulation of stormwater, except in locations and to the extent designed for same in accordance with a stormwater management plan for the lot.
(4) 
Chimneys and flue and vent attachments shall be maintained in structurally sound and good operating condition.
(5) 
Vegetation or lawn areas between the edge of pavement of any public street and the property line of the lot shall be maintained in the same manner and to the same standards as vegetation or lawn area within the lot, notwithstanding that this area is within the public right-of-way; however, the Village shall be responsible for maintenance of any street trees in this area. The lot owner shall not install any hard surface in this area other than a connection between the edge of pavement and the driveway providing vehicular access to the lot, and then only as authorized in writing by the Code Enforcement Officer.
(6) 
Vegetation on a lot along a public street right-of-way or public sidewalk shall be kept from becoming a hazard or nuisance to users of the public street or sidewalk.
(7) 
The exterior of all buildings shall be kept in good repair.
(8) 
Building, commercial and industrial goods, equipment, tools and materials shall not be stored or used at any location exposed to public view, except while construction is occurring on the lot.
A. 
The provisions of this article shall be administered and enforced by the Village's Zoning Officer who shall have the authority to make necessary inspections in accordance with Article XVI.
B. 
If the Zoning Officer determines that property maintenance does not comply with the provisions of this article, the Zoning Officer shall notify, in writing, the owner of the premises to bring the premises into compliance within 30 calendar days of the date of such notice.
C. 
Upon the failure of the owner to comply with a notice to remedy a violation of § 305-95 above, the Village Board may hold a public hearing. The public hearing shall be held upon notice posted conspicuously on the subject property and forwarded to the last known address of the property owner, as it appears on the current tax records of the Village, by certified mail, return receipt requested. Posting and service of such notice shall be not less than 15 calendar days prior to the date of such hearing. The notice posted shall be not less than 11 inches by 17 inches in size, affixed to a stake placed in the front yard of the subject property and shall include a statement of the violation and the date, time and location of the public hearing.
[Added 8-17-2022 by L.L. No. 2-2022]
D. 
The Village Board, after the public hearing as provided in Subsection C above, may determine that the subject violation of § 305-95 above must be remediated, and order the owner of the property to complete such remediation within 30 days of the date of such order. Such order shall be delivered to the property owner in the same manner as the notice of the public hearing described in Subsection C above.
[Added 8-17-2022 by L.L. No. 2-2022]
E. 
In the event that the violation has not been remedied in accordance with the order of the Village Board within 30 days of the date of such order, the Village may perform such remediation. Said remediation may be performed by the Village's Department of Public Works or other designee, including a private contractor. The Village Board shall ascertain the total costs of the remediation, and such costs shall be charged and assessed against the owner of the subject property. The costs so assessed shall constitute a lien and charge on the real property on which such lien is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges against such real property.
[Added 8-17-2022 by L.L. No. 2-2022]
F. 
If the Village Board determines, in accordance with the foregoing procedures, that the violation must be remediated, the Village Board also may determine that the violation is or may become ongoing or recurring, such as the failure to maintain the height of growth in a lawn area, in which event such ongoing or recurring violation shall be subject to the Village's performance of remediation in accordance with Subsection E above on an ongoing or recurring basis, without further notification to the property owner, or posting of such violation, or additional public hearing or further determination by the Village Board. The costs of all such ongoing or recurring remediation by the Village shall constitute a lien on the subject property and be collected as provided in Subsection E above.
[Added 8-17-2022 by L.L. No. 2-2022]
G. 
The remediation of any violation of the requirements of § 305-95 above by the Village or its agents shall not operate to excuse the owner from properly maintaining any premises as required by this article, and such owner shall, notwithstanding such action, be subject to any other penalties provided for herein.
[Added 8-17-2022 by L.L. No. 2-2022]
The owner of the premises subject to enforcement under this article may appeal a determination of the Code Enforcement under this article to the Village's Zoning Board of Appeals in accordance with the procedures set forth in Article XX.