No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone district of this
chapter and meeting the requirements set forth herein. Open space
contiguous to any building shall not be encroached upon or reduced
in any manner, except in conformity to the area and bulk requirements,
off-street parking requirements, and all other regulations required
by this chapter for the zone district in which such building or space
is located. In the event of any such unlawful encroachment or reduction,
such building or use shall be deemed to be in violation of this chapter,
and the certificate of occupancy or certificate of compliance, as
appropriate, shall become null and void.
A.
No habitable structure shall be built within 50 feet of bank of a
watercourse carrying water on an average of six months of the year,
except for:
(1)
Public bridges, public water works and other municipal or public
utility facilities.
(2)
Such private bridges, fords, drainage conduits, embankments and similar
structures as are necessary to permit access to a lot or portion thereof
or as are incidental to a lawful use of a lot, provided that such
structure will not have a material adverse effect on the stream, nor
alter the flow of water therein, nor substantially increase the likelihood
of flood or overflow in the area.
B.
No movement of earth or filling of any material shall be permitted
in any district without a permit issued by the Town of Macedon, subject
to the provisions of this chapter.
C.
No person shall strip, excavate or otherwise remove topsoil for use,
other than on the premises from which taken, except in connection
with the approved construction or alteration of a building, swimming
pool or other use or structure on such premises pursuant to the provisions
of this chapter.
D.
No movement of earth or erosion shall be permitted at any time in
any district which adversely affects conditions on any other property.
E.
Whenever natural features such as trees, brooks, drainage channels
and views interfere with the proposed use of property, the retention
of the maximum amount of such features consistent with the intended
use of the property shall be encouraged.
A.
No site preparation or construction shall be commenced until final
subdivision approval has been granted by the Planning Board and the
subdivision map has been filed in the Wayne County Clerk's office
or site plan approval has been granted by the Planning Board and all
conditions of said approval have been met and final approval signatures
from the Town Engineer, Zoning Officer and Planning Board Chair are
obtained. Upon application, the Planning Board may, in special circumstances,
grant approval for site preparation in advance of final approval.
Said application shall be supported by good and sufficient reasons
for starting in advance of final approval and must contain adequate
surety for the performance of the work.
B.
Accessory or storage buildings, including, but not limited to, a
private garage for the parking of passenger motor vehicles of residents
on the premises, garden house, tool house, play house, housing for
domestic animals incidental to the residential use of the premises,
are subject to the following:
(1)
Accessory buildings attached to a principal building shall comply
with the yard requirements of this chapter for the principal building.
(2)
No more than two detached accessory buildings, excluding private
garages, may be located on any one parcel of land in a residential
district. Accessory buildings with less than 50 square feet of floor
area shall not be included in determining the number of accessory
buildings on a property.
(3)
The total area of all detached accessory buildings on any one parcel
of land in a residential district, including buildings with less than
50 square feet of floor area, shall not exceed 200 square feet in
area. The area of detached private garages shall not, however, be
included in determining total square footage of detached accessory
buildings.
(4)
No detached accessory building in a residential district shall exceed
12 feet in height; except for a detached parking garage, which may
be up to 15 feet in height.
(5)
With the exception of detached private garages, all detached accessory
buildings must be located in the rear yard and subject to the setback
requirements of the Hamlet Zoning Bulk and Use Table included as an
attachment to this chapter. Detached garages shall be located to the
rear of the front building line of the principal building.
(6)
These provisions shall not apply to permitted uses in nonresidential
districts, except that no detached accessory buildings incidental
to permitted uses in such districts shall be closer to the street
or right-of-way line than the minimum front yard setback for the principal
building.
(7)
The Planning Board may require detached accessory buildings to be
fenced and/or buffered from adjacent properties consistent with approved
site development plans, in order to protect and/or screen adjacent
properties.
C.
Every principal building shall have access to a public street improved
to meet Town requirements. Access may be either by a driveway or private
road approved by the Town. Said road or driveway shall have a right-of-way
width of not less than 30 feet and a pavement width of not less than
20 feet and be improved with a durable all-weather surface, subject
to approval of the Planning Board. All structures shall be located
on lots so as to provide safe and convenient access for servicing,
fire protection and required off-street parking.
D.
At the intersection of two or more streets, no hedge, fence or wall
(other than a single post or tree) which is higher than three feet
above ground level measured at the edge of the pavement or at the
curb, nor any obstruction to vision, including agricultural crops,
shall be permitted in the triangular area formed by the intersecting
street lines and a line joining each 50 feet distant from said intersection.
This triangular area shall be measured along the edge of the pavement.
E.
Where a building lot has frontage on a street which is proposed for
right-of-way widening, the required front yard setback area shall
be measured from such proposed right-of-way line.
F.
No business establishment shall place or display goods for purposes
of sale or permit any coin-operated vending machine of any type to
be placed in any location which would infringe upon the required yard
areas specified in this chapter.
G.
No manure, odor- or dust-producing substances shall be permitted
to be stored within 100 feet of any lot line.
H.
For the purpose of regulating the location of buildings on corner
lots, and on lots extending through between two parallel streets,
all portions of a corner lot or through lot which front on a public
street shall be subject to the front yard requirements of the zone
district in which said corner lot or through lot is located.
I.
No front yard shall be used for the open storage of boats, vehicles,
travel trailers, snowmobiles, snowmobile trailers and other similar
equipment on a residential lot, except for vehicular parking or driveways.
Such equipment may be stored on the side of the building but no closer
than 10 feet to the rear or side lot line.
J.
No commercial vehicle with a load capacity of more than one ton shall
be parked out of doors overnight or on Sunday in a residential district.
No display vehicle for commercial purposes shall be parked in any
district for display purposes.
K.
When a new lot is formed so as to include within its boundaries any
part of a former lot on which there is an existing building or use,
the subdivision must be carried out in such a manner as will not infringe
upon any of the provisions of this chapter either with respect to
any existing structures or use and any proposed structures or use
or setbacks.
L.
Nothing in this chapter shall restrict the construction, use or maintenance
of public buildings, structures or facilities, parks or other publicly
owned properties or the installation and maintenance of such public
utilities as may be required to service any district. All facilities
shall be subject to the yard requirement of this chapter and to site
plan review.
M.
Fences erected in the Hamlet shall adhere to the following standards:
(1)
No fence in a front yard of a residential district shall be erected,
altered or reconstructed to a height exceeding four feet above ground
level.
(2)
Fences in any rear or side yard of a residential district may be
erected, altered or reconstructed to a height of up to 6 1/2
feet above ground level.
(3)
Fencing used to enclose a tennis court may be permitted up to 10
feet in height, provided that such fencing is not less than 25 feet
from either the side or rear property line.
(4)
These restrictions shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth.
(5)
Fences in nonresidential districts may be up to eight feet in height,
except that they shall not exceed four feet in height in any front
yard.
(6)
No fence shall be erected to encroach on any property line or upon
a public right-of-way.
(7)
The face side of all fences erected shall be located so as to face
the adjoining lot.
(8)
No fence shall be erected in a special flood hazard area.
N.
If the use of any lot or building involves the disposal of sewage
or wastewater and public sewers are not available, an adequate sanitary
disposal system for the same shall be installed in accordance with
regulations and standards promulgated by the New York State Department
of Health and/or NYSDEC and at all times maintained on such lot or
in lawful connection therewith. The minimum lot area otherwise required
shall be increased where necessary to the extent required to provide
such disposal system. Certification of approval for the installation
of on-site sewage disposal systems shall be obtained from the Department
of Health and/or NYSDEC and submitted to the Town prior to the start
of construction.
O.
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection N above, this provision shall not prohibit the storage of animal waste upon any farm.
P.
Discharge from individual sewage disposal systems shall be in accordance
with approved plans and the procedures and standards of the New York
State Departments of Health and Environmental Conservation.
Q.
All construction plans shall include consideration of stormwater
drainage needs. Site grading shall direct water away from buildings
and structures to the natural drainageway, and shall not direct water
runoff to neighboring properties.
R.
Any structure which has been vacant or which has had utility service
disconnected for 12 consecutive months shall not be used for any purpose
without obtaining a new certificate of compliance.
S.
Any structure determined by the Fire Department to be completely
destroyed by fire shall require a new building permit before any reconstruction
is started. A new certificate of occupancy shall also be required.
T.
Any structure partially destroyed by fire shall be rebuilt in accordance
with this chapter and the following additional provisions:
(1)
No permit shall be required to restore/replace any portion of a structure
to its same condition as prior to its being damaged.
(2)
Any change in a structure damaged by fire, including but not limited
to size of building, bearing walls, entranceways, or building materials,
shall require a new building permit and said reconstruction shall
meet or exceed the Uniform Code requirements and the provisions of
this chapter.
U.
No more than one antenna and no more than one television satellite
reception dish shall be permitted on any lot in any district.
V.
The dumping of refuse, waste material and other substances shall
be prohibited in all districts. This is not, however, to be construed
as prohibiting filling to establish grades following the issuance
of a permit by the Zoning Officer. Materials used as fill to establish
grades shall consist solely of clean dirt, gravel and other clean
fill. All materials applied shall be leveled, compacted and covered
with at least four inches of clean dirt and subject to approval of
the Zoning Officer.
W.
No dwelling unit shall be allowed to keep more than three dogs which
are more than four months of age.
X.
No lot in any district may be used or occupied and no structure may
be erected, maintained or used for the raising, harboring or housing
of pigeons, swine, goats, rabbits, cows, horses, poultry, foxes, mink,
skunks or any other fur-bearing animals.
A.
Purpose. The purpose of this section is to:
(1)
Protect the public health, safety and welfare by establishing minimum
standards governing the maintenance, appearance and condition of residential
and nonresidential premises.
(2)
Provide for the public health, safety and welfare.
(3)
Avoid, prevent and eliminate the maintenance or creation of hazards
to the public health or safety.
(4)
Avoid, prevent and eliminate conditions which, if permitted to exist
or continue, will depreciate the value of adjacent properties.
(5)
Prevent the creation, continuation or aggravation of blight.
(6)
Preserve property values in the Hamlet.
(7)
Prevent the physical deterioration or progressive downgrading of
the quality of housing facilities in the Hamlet.
(8)
Maintain the value and economic health of the commercial properties
and businesses that serve and help support the Hamlet and its citizens.
(9)
Prevent and eliminate physical conditions on the property which constitute
nuisances and are thereby potentially dangerous or hazardous to the
life, health or safety of persons on or near the premises where such
conditions exist.
(10)
Establish minimum standards governing the maintenance and condition
of land, building, structures and premises in the Hamlet.
(11)
Provide for administration and enforcement.
(12)
Fix penalties for the violation of this section.
(13)
Fix responsibilities upon owners, operators, occupants and other
persons.
B.
Legislative intent. The purposes stated herein are remedial and essential
for the public interest and it is intended that this section be liberally
construed to effectuate the purposes as stated herein.
C.
Definitions and word usage.
(1)
Words and terms in this section which are defined in § 301-9 of this chapter shall apply to this section, unless they are specifically defined in this section.
(2)
The following terms, wherever used herein or referred to in this
section, shall have the respective meanings assigned to them, unless
a different meaning clearly appears from the context.
(3)
BUILDING INSPECTOR
COMMERCIAL VEHICLE
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
FRONT YARD
GARBAGE
INFESTATION
NUISANCE
(a)
(b)
(c)
(d)
(e)
(f)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE or RUBBISH
For the specific purposes of this section, the following terms, whenever
used herein or referred to in this section, shall have the respective
meanings assigned to them hereunder unless a different meaning clearly
appears from the context:
The Building Inspector or his duly authorized representative.
All trucks, vans, construction equipment and limousines,
bearing commercial license plates, which are in excess of four tons
net weight.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, crackling, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any premises or part of any premises which may be lawfully
viewed by the public or any member thereof.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto; and the open land
space of any premises outside of any building or structure erected
thereon.
The control and elimination of insects, rodents and vermin.
That space on the same lot with a principal building situated
between the front street line or lines and the front line of the building
projected to the side property lines. The depth of the front yard
shall be measured along a line perpendicular to the front street line
or right-of-way line from the point of the foundation of the structure
or building closest to such street line.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The presence of rodents, vermin, insects or other pests on
the premises which constitutes a health hazard.
Any public or private condition so defined by common law, or
that would constitute a nuisance according to the statutes, laws and
regulations of the State of New York, its governmental agencies or
the Code or ordinances of the Town of Macedon.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on or near or passing within
the proximity where such condition exists.
Any physical condition, use or occupancy of any premises or
appurtenances considered an attractive nuisance to children, including
but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences or structures; or detrimental to the health or safety
of children, whether in a building on the premises of a building,
or upon an unoccupied lot.
Any premises which are manifestly capable of being a fire hazard
or are manifestly unsafe or unsecured so as to endanger life, limb
or property.
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth of weeds,
or conditions which render air, food or drink unwholesome or detrimental
to the health of human beings; or
Any structure or building that is in a state of dilapidation
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to an extent so as not to provide shelter; in danger
of collapse or failure; and is dangerous to anyone on or near the
premises.
Any person residing, living or sleeping in or on the premises
or having actual possession, use or occupancy of a dwelling, premises
or rooming unit, or any person or entity in possession of or using
any premises, or part thereof, whether or not the owner thereof, and
regardless of the duration of time of such possession, use or occupancy.
Any person, persons or entity not the owner, who or which
has charge, care or control of a dwelling or premises or a part thereof,
with or without the knowledge, consent or authority of the owner.
Any person, persons or entity who or which shall have legal
or equitable title in any form whatsoever to any premises or part
thereof, with or without accompanying actual possession thereof, or
who or which shall have charge, care or control of any lot, premises,
building, structure or part thereof; as owner or agent of the owner,
or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee
in possession, regardless of how such possession was obtained. Any
person, group of persons or entity who or which is a lessee, sublessee
or assignee of a lessee of any part or all of any building, structure
or land shall be deemed to be a co-owner with the lessor for the purposes
of this section and shall have responsibility over the portion of
the premises so sublet, leased or assigned.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the buildings or structure thereon.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage, trash, ashes, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, glass, boxes, crockery, wood, mineral matter, plastic, rubber,
leather, furniture, household goods, appliances, bedding, scrap lumber,
scrap metal, construction material, dead or rotting vegetation, tires,
abandoned, inoperative or unusable automobiles and vehicles, and solid
commercial or industrial waste.
D.
Compliance required. All structures and premises, residential, commercial
and industrial, shall comply with the provisions of this section,
whether or not those structures and premises have been constructed,
altered or repaired before or after the enactment of this section
and irrespective of any permits or licenses which may have been issued
for their use or occupancy prior to the effective date of this section.
Vacant lots, lands and premises are also required to comply with the
provisions of this section.
E.
Higher standards to prevail. In any case where the provisions of
this section impose a higher standard than set forth in any other
law of the Town of Macedon or under the laws or regulations of the
State of New York, then the standards as set forth herein shall prevail.
If the provisions of this section impose a lower standard than any
other law of the Town of Macedon or of the laws and regulations of
the State of New York, then the higher standard contained in any such
law shall prevail.
F.
Compliance with other laws. No certification of compliance with this
section shall constitute a defense against any violation of any other
law of the Town of Macedon applicable to any structure or premises.
G.
Applicability of zoning law. Nothing contained in this section or
any requirement of compliance herewith shall be deemed to alter, impair
or affect the application of the zoning law or other laws regulating
land use of the Hamlet.
H.
Maintenance of premises.
(1)
It shall be the duty of the owner, operator, and/or occupant to keep
the exterior of the premises free of nuisances, which include but
are not limited to the following:
(a)
Garbage and/or refuse.
(b)
Natural growth, such as dead and dying or storm-damaged trees
and limbs or other growth which, by reason of its condition or nature,
constitutes a hazard to a public street, easement or right-of-way,
or to persons lawfully in the vicinity. Lawn grass shall not be allowed
to grow to a height greater than 12 inches. Owners of vacant premises
must keep them free of nuisances.
(c)
Ground surface hazards, such as holes, excavations, breaks and
projections, on residential premises within five feet of an unfenced
property line or any part of a nonresidential premises to which the
public has lawful access.
(d)
Sources of infestation, including all environments and conditions
conducive to the increase or spread of vermin.
(2)
It shall be the duty of the owner, operator and/or occupant to keep
and maintain the exterior of the premises and structures so that the
appearance of the same shall not constitute a blighting factor, including
but not limited to landscaping. Premises shall be kept from becoming
overgrown and/or unsightly. Vegetation along the public right-of-way
shall be kept from becoming a hazard to pedestrians and motorists.
I.
Condition of premises.
(1)
Sanitation. All exterior property areas and premises shall be maintained
in a clean, safe and sanitary condition, free from any accumulation
of rubbish or garbage.
(2)
Insect and rat control. An owner of a structure or property shall
be responsible for the extermination of insects, rats, vermin or other
pests in all exterior and interior areas of the premises. Whenever
infestation exists in the shared or public parts of the premises of
other than a single-family dwelling, extermination shall be the responsibility
of the owner.
(3)
Prohibited conditions. The exterior of all premises shall be kept
free of the following matter, materials or conditions:
(a)
Abandoned, uncovered or structurally unsound walls, shafts,
towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(b)
Abandoned iceboxes, refrigerators, heaters, television sets,
and other major appliances.
(c)
Animal excrement.
(d)
Buried rubble, refuse or rubbish.
(e)
Nuisances as hereinabove defined.
J.
Exterior structures. The exterior of a structure shall be maintained
structurally sound and sanitary so as not to pose a threat to the
health and safety of the occupants and so as to protect the occupants
from the environment.
K.
Vacant buildings.
(1)
Definition. An "unoccupied or vacant building" shall mean any structure
intended for residential or commercial use which is not currently
occupied or in use. For the purpose of the enforcement of this chapter,
a presumption shall exist that a structure vacant for six months is
not currently occupied or in use.
(2)
Vacant structures and land. Vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety.
(3)
Basic equipment and facilities. Every unoccupied or vacant building
must comply with the following minimum standards for basic equipment
and facilities:
(a)
Plumbing. All fixtures shall be properly installed and be in
sound condition and good repair.
(b)
Electricity. Every existing outlet and fixture shall be properly
connected. Wiring and service lines shall be maintained in good and
safe working condition.
(c)
Heating plant. The heating plant shall be maintained in a safe
condition.
(d)
Cooking equipment. All cooking equipment shall be maintained
in a safe condition.
(4)
Safety from fire. All owners of unoccupied or vacant buildings shall
comply with the applicable provisions of the New York State Fire Prevention
Code and the following additional standards for safety from fire:
(5)
Safe and sanitary maintenance. The exterior of the premises and the
condition of accessory structures shall be maintained so that the
appearance of the premises and all buildings thereof shall reflect
a level of maintenance in keeping with the standards of the neighborhood
and such that the appearance of the premises and structures shall
not constitute a blighting factor for adjoining property owners.
(6)
Further responsibilities of owners. All owners of unoccupied or vacant
buildings shall be required to comply with the following standards:
(a)
Any yard area (front, side and rear) adjacent to an unoccupied
or vacant building shall be cleared and maintained free of trash,
solid debris or any other materials that cause litter to accumulate
to unhealthy and blighting proportions.
(b)
Grass, weeds or vegetation shall not be permitted to grow or
remain on the side, front, and/or rear yards of any unoccupied or
vacant building so as to exceed a height of 12 inches. No edible vegetation
planted for some useful or ornamental purpose shall be governed by
this provision.
(c)
When a vacant dwelling is found to be infested with rats, termites,
roaches and/or any other insects and vermin, the owner shall undertake
an expedient means of extermination of such nuisances.
L.
Existing remedies. Nothing in this section shall be deemed to abolish
or impair existing remedies of the Town or its officers or agencies
relating to the removal or demolition of any building or structure
which is deemed to be dangerous, unsafe or unsanitary.
M.
Enforcement.
(1)
Enforcement officer. The Building Inspector, or designee, or the
Zoning Officer of the Town of Macedon is hereby designated as the
officer in charge of the enforcement of this section, and is hereinafter
referred to as the "Enforcement Officer."
(2)
The Enforcement Officer shall cause to be made such inspections of
premises within the Hamlet as the Enforcement Officer shall deem necessary
to effect compliance with this chapter and shall have the authority
to use the services of any public authority in the enforcement of
this section.
(3)
Notice to owner, operator or occupant upon noncompliance. Following
inspection, if the Enforcement Officer determines that the premises
are not in compliance with this section, the Enforcement Officer shall
then issue and cause to be served upon the owner, operator, and/or
occupant of the premises a written notification, stating the nature
of the violation and the corrective action sought, and allow for its
correction within a period not to exceed 30 days, exclusive of the
day of service, to be determined by the Enforcement Officer. In cases
where the violation presents a clear and present danger to public
health and safety, the complaint is to be turned over to the Wayne
County Health Department and/or the complaint is to be processed in
Town Court for prompt action within its jurisdiction.
(4)
Service of notice. In the case of an owner or operator, the notice
may be served personally upon said owner or operator or by registered
mail, or certified mail, addressed to the last known address. If,
after due diligence, the last known address cannot be ascertained,
the notice may be posted on the outside front entrance of the structure.
Personal service of the notice may be upon a member of the family
or the owner or operator over 14 years of age, residing in the same
dwelling unit with the owner or operator, as the case may be. In the
case of an occupant, notice may be mailed or delivered to the occupant
at the occupant's place of business or posted to the door of the occupant's
premises.
(5)
Protest; hearing before Town Board; subsequent actions.
(a)
Within 10 working days following receipt of the notice of violation,
the person receiving such notice may file an objection, in writing,
to the Enforcement Officer, and any such person shall be afforded
a hearing before the Town Board as soon as is reasonably possible.
The Town Board may, in its discretion, modify or withhold strict enforcement
of this section.
(b)
If the decision rendered by the Town Board after the hearing
upholds the decision of the Enforcement Officer, a second notification
shall be issued and served, allowing such time period as is established
by the Town Board for correction of the violation and carrying notice
of the penalties which will be imposed for failure to comply.
N.
Emergency situations. Where the violations or conditions existing
on the premises are of such a nature as to constitute an immediate
threat to life and limb unless abated without delay, the Enforcement
Officer may either abate the violation or condition immediately or
order the owner, occupant or operator to correct the violation or
condition within a period of time not to exceed three days. Upon failure
to do so, the Enforcement Officer shall abate the condition subject
to the provision of this section.
O.
Abatement by the Town. Where abatement of any nuisance, as defined
herein, correction of a defect in the premises or work necessary to
place the premises in a proper condition so as to conform to the laws
of the Town of Macedon or applicable laws of the State of New York
required expending Town moneys, the Enforcement Officer shall present
a report of work proposed to be done to accomplish the foregoing to
the Town Board, with an estimate of the cost, along with a summary
of the proceedings undertaken by the Enforcement Officer to secure
compliance, including notices served upon the occupants, owners, operators
or their agents, as the case may be. The Town Board may thereupon,
by resolution, authorize abatement of the nuisance, correction of
the defect or work necessary to place the premises in proper condition
and in compliance with this section. The Enforcement Officer shall
thereafter proceed to have work performed in accordance with the resolution
at municipal expense, not to exceed the amount specified in the resolution,
and shall, upon completion thereof, submit a report of the moneys
expended and costs to the Town Board. After review of the report,
the Town Board may approve the expenses and costs, whereupon the same
shall become a lien against the premises, collectable as provided
by law. A copy of the resolution approving the expenses and costs
shall be certified by the Town Clerk and filed with the Tax Collector
of the Town of Macedon, who shall be responsible for the collection,
and a copy of the report and resolution shall be sent by certified
mail, return receipt requested, to the owner of the affected premises.
P.
Violations and penalties.
(1)
Where an owner, operator or occupant fails to comply with an order
issued pursuant to this section, said owner, operator or occupant
shall be deemed in violation of this section and shall be subject
to the penalties provided herein. It shall be the duty of the Enforcement
Officer to cause a summons to be issued from the Town Court for such
violation, but nothing contained herein shall limit the power of the
Enforcement Officer to take such further action under the criminal
and civil laws of this state through any court of competent jurisdiction
as may be necessary to remove or abate any nuisance.
(2)
Each violation of any of the provisions of this section and each
day that the violation exists shall constitute a separate and distinct
offense and shall be punishable by a fine not to exceed $500 per day
and per offense, levied against the owner, operator, or occupant,
with a minimum fine of $100 per day.
(3)
Where abatement of any nuisance, as defined herein, was accomplished
and premises brought into compliance with this section through the
expenditures of the Town of Macedon funds, such costs shall be assessed
against the premises cited as a lien in the same manner as real estate
taxes.
Q.
Compliance inspection. Upon issuance of a notice of violation pursuant
to this section, the property owner, operator/or occupant shall correct
the condition and notify the Enforcement Officer that said condition
has been corrected. A compliance inspection shall be made. Should
full compliance not to be achieved at the time of said inspection,
the Town shall be reimbursed by the property owner for the cost of
all reinspections. Failure to reimburse the Town of Macedon shall
result in a lien for said cost being placed against the property in
the same manner as real estate taxes.
R.
Fees. There shall be no fee for an initial compliance inspection
made following the issuance of a notice of violation required pursuant
to this section. Fees for subsequent inspections to determine compliance
shall be $25 for the first inspection and shall increase in increments
of $25 for each subsequent inspection.
