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.
ASHES
The residue from the burning of wood, coals, coke or any
other combustible materials.
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.
GARBAGE
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.
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.
OCCUPANT
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.
OWNER
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.
PERSON
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.
PROPERTY
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.
REFUSE
All solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned or junked
automobiles and solid market and industrial wastes.
RUBBISH
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.
VEHICLES
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.
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.
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.
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.