[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 5-19-2020 by L.L. No. 6-2020. Amendments noted where applicable.]
The Board of Trustees of the Village of Monroe determines and declares that a clean, wholesome, attractive environment is important to the health and safety of the inhabitants of the Village and the safeguarding of their material rights against unwarranted invasion and, in addition, such environment is deemed necessary to the maintenance and continued development of the economy of the Village and general welfare of its citizens. The Board determines that it is contrary to this intent for any parcel of property to be maintained in a cluttered or unclean condition as to create the potential for a public nuisance, a public health hazard or which renders it aesthetically offensive to the common sensibilities of an average resident applying community standards.
It is further declared that the unrestrained accumulation of rubbish, brush, grass, weeds, debris, inoperative or abandoned vehicles and machinery and equipment or parts thereof, and the failure to remove rubbish, brush, grass, weeds, debris, inoperative or abandoned vehicles and machinery and equipment or parts thereof from property, is a hazard to such health, safety and welfare of the citizens of the Village necessitating the regulation, restraint and elimination thereof.
This chapter shall apply to all property within the Village of Monroe. The provisions of this chapter shall supplement state and local laws, codes or regulations. Where a provision of this chapter is found to be in conflict with a provision of a state or local law, code or regulation, the more restrictive provision shall prevail if permissible.
Except where otherwise noted, this chapter shall be enforced by the Code Enforcement Officer or other official designated by the Board of Trustees, which official may be the Building Inspector or other subordinate officers with Code enforcement authority of the Village of Monroe.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY AREA
- Buffer zones, setbacks, side and rear yards or other areas, surfaced or natural, or open space used in connection with subject property.
- The residue from the burning of wood, coals, coke or any other combustible materials.
- DUMPSTER, CONTAINER, COMPACTOR or ENCLOSURE
- An enclosed area or otherwise covered container for the temporary collection, compacting and storage of a nuisance, hazard, debris and litter as defined herein.
- ENFORCEMENT OFFICER
- The Code Enforcement Officer or other official designated by the Board of Trustees, which official may be the Building Inspector or other subordinate officer with Code enforcement authority of the Village of Monroe.
- Putrescible animal and vegetable wastes resulting from the preparation, handling, cooking and consumption of food.
- GARBAGE CONTAINER
- A covered container which is rodent, vermin, insect and water proof.
- JUNKED VEHICLE
- Any motor vehicle which is without a currently valid license plate or plates and is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition.
- LIGHTING PERIOD
- Sunset of any day to the sunrise of the following day.
- MACHINERY and EQUIPMENT
- Any combination of mechanical, electrical, electromechanical or other means or elements to a given end or for a particular purpose, including vehicles, farm implements, industrial equipment and any or all parts for machinery or equipment.
- NUISANCE, HAZARD, DEBRIS and LITTER
- Any waste material, including but not limited to garbage or other putrescible substance, refuse, rubbish, inoperable vehicles and parts, discarded furniture, appliances, water heaters, bottles, cans, building or construction materials or supplies when stored outside on a site where no active construction is taking place or discarded or strewn papers or material or other junk substances, tree stumps, tree trunks, branches or limbs that have fallen or been cut down, or any other matter attractive to vermin, likely to breed disease, present a fire hazard, create offensive odors or to otherwise be prejudicial to good health or being so unsightly of appearances as to be offensive to surrounding properties.
- Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling premises 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 who 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 shall have charge, care or control of any lot, premises, building, structure or part thereof as 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 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 chapter and shall have responsibility over the portion of the premises so sublet, leased or assigned.
- PARKING AREA
- Space provided by the holder for the parking of vehicles, together with the means of ingress and egress thereto and the roads and driveways of any subject property.
- Any owner or occupant as defined herein, individual, tenant, trustee, receiver, executor, corporation or other person who controls, in whole or in part, any subject property, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
- Shall include land, buildings and structures firmly affixed thereto on a permanent basis or located thereon on a temporary basis, integrated equipment (such as light fixtures or a well pump), ponds, canals, roads and machinery, among other things.
- All solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned or junked automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding, crockery and similar materials.
- TOTAL COST
- The actual cost incurred by the Village for the repair, maintenance or removal, plus an administrative fee established by resolution of the Village Board of Trustees and modified from time to time in the same manner.
- TRASH CONTAINER
- A container with appropriate cover to receive hand-carried discarded paper and trash.
- VEHICLE, ABANDONED OR INOPERABLE
- For the purpose of this article, a car, truck, camper, van, boat, boat trailer, commercial trailer, motorcycle, go-cart, omnibus or any other motorized or nonmotorized object which has as its main purpose the storage of property or movement of people or animals that is inoperable. With the exception contained § 155A-6F, it shall be presumptive evidence that a vehicle has been abandoned or is inoperable if said vehicle is:
- A. Is inoperable and has been left unattended on public or private property for more than 48 hours; or
- B. Is unlicensed and has been left unattended on public or private property for more than 48 hours; or
- C. Has remained illegally on public property for more than 48 hours; or
- D. Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours; or
- E. Is parked without the current year's registration or identification markers as required by law; or
- F. Is found to be mechanically inoperative and is allowed to remain inoperative on public land for a period of 10 days or on private land for 30 days. Said period of time may be extended, for good cause, by the Code Enforcement Officer; or
- G. Is no longer in actual use as a vehicle or which is wholly unfit, without rebuilding or reconditioning, for use in highway transportation, or which has been discarded for use as a vehicle or otherwise abandoned.
- For the purpose of this article, every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks, including, without limitation, an automobile, truck, camper, van, boat, boat trailer, commercial trailer, motorcycle, go-cart or any other motorized or nonmotorized object which has as its main purpose the storage of property or movement of people or animals.
In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner or occupant of premises to comply with any or all of the requirements and standards of this chapter to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions.
Owners and occupants shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any duty, obligation or responsibility hereunder nor be entitled to assert, as a defense against any charge made against him or them for violation of this chapter, the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.
The provisions of this chapter shall supplement state and local laws, codes or regulations. Where a provision of this chapter is found to be in conflict with a provision of a state or local law, code or regulation, the more restrictive provision shall apply when legally permissible.
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.
Fences and other minor construction shall be maintained in a safe and substantial condition.
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 in compliance with applicable code requirements.
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.
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.
No more than one unregistered vehicle may be stored on any front, rear or side yard of the property. No vehicle shall be stored on any portion of the required front-yard setback. This subsection shall be enforced by the Code Enforcement Officer.
The owner, tenant or occupant of any property located within the Village of Monroe shall not park, permit or allow the exterior parking or storage of any vehicle within the front, side or rear yard of such property, unless such vehicle is parked upon a driveway or paved or dust-free surface provided for such purpose. No vehicle shall be stored on any portion of a required front-yard setback. The failure of any owner, occupant or tenant to comply with the provision of this subsection shall be deemed an offense. This subsection shall be enforced by the Code Enforcement Officer.
The owner, tenant or occupant of any property located within the Village of Monroe shall not park, permit or allow the exterior parking or storage of more than one unregistered car or permit the parking of any registered or unregistered vehicle in any manner which would violate the Zoning Code of the Village of Monroe. The failure of any owner, occupant or tenant to comply with these requirements or of the requirements of the Zoning Code of the Village of Monroe shall be deemed an offense under this section.
All owners, occupants or tenants of any privately owned property within the Village of Monroe shall maintain grass or other ground cover, trees and shrubbery in a safe condition, free of noxious weeds and otherwise free of nuisance, hazard, debris, litter and unsightly materials. For the purposes of this provision, all grass shall be kept trimmed to a height of no greater than 10 inches. The dead or diseased trees or any portion thereof which present any hazard to life or property shall be removed. No owner, tenant, or occupant shall blow leaves or other debris onto adjacent property or property lines. The failure to maintain property as required by this section shall be deemed an offense.
Notice to remedy.
Upon the failure of an owner, tenant or occupant to comply with the provisions of this chapter, the Enforcement Officer shall issue a written notice to remedy said violation within five days, or as soon thereafter deemed reasonable as determined by the Enforcement Officer.
Such notice shall be deemed to be properly and sufficiently served if a copy thereof is posted conspicuously on the affected property, sent by certified mail to the last known address of the property owner upon which the same is served, as shown by the most recent assessment roll of the Village, or a copy thereof is personally delivered (as if a summons) to said owner or a copy thereof is left at the usual place of abode or office of said owner.
The notice shall identify the violation asserted by reproduction of the specific provision or provisions of this chapter and state in bold type that upon failure to remedy the violation within the time stated therein, a public hearing shall be held by the Village Board at which meeting the property owner may appear and be heard as to why the Village should not remedy the violation and levy the cost of said remedy to the property.
The notice shall provide the date of the public hearing, which date shall not be less than less than five days subsequent to the date of the posting or personal service of the notice.
Where the violation is for failure to keep grass trimmed to a height of no greater than 10 inches and where the next scheduled Village Board meeting is greater than five days subsequent to the date of service of the notice, the notice shall state in bold type that the property owner must contact the Village Clerk via email or letter to request a public hearing before the Village Board within the aforementioned five days or as soon thereafter as possible. Where the property owner requests such hearing, no action shall be taken until the property owner is afforded said opportunity to be heard before the Village Board as to why the Village should not remedy the violation and assess the cost to the property. Failure to request a public hearing under these circumstances shall constitute permission for the Village to remedy the violation and acceptance of such costs to remedy as a charge and assessment against the property.
Upon failure to remedy and after the aforesaid public hearing, at which hearing the Village Board shall provide an opportunity for the affected property owner to speak, the Village Board may cause any nuisance, hazard, litter, rubbish, brush, grass, weeds, debris, inoperative or abandoned vehicles and machinery and equipment or parts thereof to be removed.
Said removal may be performed by the Department of Public Works or other designee as determined by resolution of the Board of Trustees, including a private contractor. The Village Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed, along with such administrative fees applicable to said violation, and unpaid sums shall constitute a lien and charge on the real property and shall be assessed against such property and collected in the same manner as real property taxes.
The removal of any nuisance, hazard or litter by the Village of Monroe or its agents shall not operate to excuse compliance with this chapter, and such owner, tenant or occupant shall, notwithstanding such action, be subject to any other penalties provided for herein.
Administrative fees. The Board of Trustees finds and determines that Village residents who comply with this chapter by keeping their property in an orderly, clean and well-kept condition should not bear the financial burden of those residents who violate the provisions of this chapter and negatively impact the health and welfare of their neighbors and the entire Village. Such financial burden includes the actual cost of remedying the violation and the administrative cost to mobilize the Department of Public Works, other Village agencies or contractors to remedy violations. That administrative cost is not limited to the actual time required to mobilize the Department of Public Works, other Village agencies or contractors to remedy violations, but time taken away from day-to-day administrative tasks essential to governing the Village.
Therefore, the Village Board of Trustees shall establish a schedule of administrative fees, which fees shall be added to the actual costs incurred by the Village to remedy violations and shall be progressive in order to discourage repetitive or recalcitrant offenders. Said schedule shall be established by resolution of the Village Board and modified from time to time in the same manner and shall include, but not be limited to, the administrative cost of mobilizing the Department of Public Works, other Village agencies or contractors to remedy violations.
Whenever the Enforcement Officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may, with the consent of the Mayor or designated member of the Board of Trustees, issue an order by service of notice in the manner set forth above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as it is reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but, upon objection in writing to the Enforcement Officer, any such person shall be afforded a hearing before the Board of Trustees of the village as soon as is reasonably possible. After such a hearing and decision by the Board of Trustees as to the existence or nonexistence of the emergency condition, the Board of Trustees may continue such order in effect or modify or withdraw it.
The Code Enforcement Officer is hereby authorized to issue an appearance ticket pursuant to Criminal Procedure Law § 150.10 of the State of New York to secure the enforcement of this chapter. Said appearance ticket shall be issued with the third notice of violation issued to the same property owner within a twelve-month period and shall include a copy of the prior two notices and all supporting documentation and this chapter.
Civil penalty. In addition to and not in lieu of any other remedy, any person failing to comply with a lawful order pursuant to this chapter or committing an offense against any provision of this chapter in addition to the cost of remedy imposed by the Village Board, shall be issued an appearance ticket to appear before the Village Magistrate and be subject to a civil penalty enforceable and collectible by the Village not exceeding $250 upon conviction for a first offense, $350 upon conviction for a second offense committed within any twelve-month period after a first offense has been committed, $500 upon conviction for any further subsequent offense committed within any twelve-month period after a first offense has been committed. A copy of the appearance ticket accompanied by an affidavit of service shall be delivered to the Justice Court Clerk prior to the appearance date.
Criminal penalty. Any person who shall violate any of the provisions of this chapter, in addition to the civil penalties contained herein, shall, upon conviction, be guilty of a misdemeanor subject to a fine not exceeding $1,000 and up to 15 days in prison.
Nothing contained herein shall limit the Village's remedies under the law.
A written report shall be made by the Code Enforcement Officer or Building Inspector to the Board of Trustees of the violations issued to property in violation of this chapter and the status of said violations. Said report shall be delivered to the Board of Trustees upon a schedule determined by resolution of the Board and modified from time to time in the same manner.