[HISTORY: Adopted by the Town Board of the Town of Sand Lake 10-26-2022 by L.L. No.
4-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 89, but was
renumbered to maintain the alphabetical organization of the Code.
A.
It is hereby declared to be the intent and policy of the Town of
Sand Lake, County of Rensselaer, State of New York, to preserve, protect
and maintain the safe, clean environment and character of the Town.
The provisions of this chapter shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment, and exterior property.
B.
The Town of Sand Lake Property Maintenance Code continues to adopt,
incorporate and enforce the following codes and regulations:
(1)
The 2020 edition of the publication entitled "Building Code of New
York State," published by the International Code Council, Inc. (publication
date November 2019),
(2)
Uniform Code. The New York State Uniform Fire Prevention and Building
Code adopted pursuant to Article 18 of the New York State Executive
Law, as currently in effect and as hereafter amended from time to
time,
(3)
The 2020 edition of the publication entitled "Property Maintenance
Code of New York State," published by the International Code Council,
Inc. (publication date November 2019),
(4)
The New York State Energy Conservation Construction Code adopted
pursuant to Article 11 of the New York State Energy Law,
(5)
Energy Code, published by the International Code Council, Inc. (publication
date November 2019),
(6)
Existing Building Code of New York State. The 2020 edition of the
publication entitled "Existing Building Code of New York State," published
by the International Code Council, Inc. (publication date November
2019),
(7)
Fire Code of New York State. The 2020 edition of the publication
entitled "Fire Code of New York State," published by the International
Code Council, Inc. (publication date November 2019),
(8)
Fuel Gas Code of New York State. The 2020 edition of the publication
entitled "Fuel Gas Code of New York State," published by the International
Code Council, Inc. (publication date November 2019),
(9)
Part 1202. The regulations set forth in 19 NYCRR Part 1202 ("Uniform
Code: Administration and Enforcement in Certain Local Governments"),
as currently in effect and as hereafter amended from time to time,
(10)
Part 1203. The regulations set forth in 19 NYCRR Part 1203 ("Uniform
Code and the Energy Code: Minimum Standards for Administration and
Enforcement"), as currently in effect and as hereafter amended from
time to time,
(11)
Part 1203. Compliant Code Enforcement Program. A code enforcement
program that includes the features required by Part 1203 and satisfies
the requirements of Part 1203,
(12)
Part 1204. The regulations set forth in 19 NYCRR Part 1204 ("Uniform
Code: Administration and Enforcement by State Agencies"), as currently
in effect and as hereafter amended from time to time,
(13)
Part 1205. The regulations set forth in 19 NYCRR Part 1205 ("Uniform
Code: Variance Procedures"), as currently in effect and as hereafter
amended from time to time.
As used in this chapter, the following terms shall have the
meanings indicated:
The governmental unit, agency, Town of Sand Lake Board, and
Town Code Enforcement Official responsible for administration and
enforcement of this code.
The Town of Sand Lake employee, certified by New York State
to administer the Town of Sand Lake Property Maintenance Code/Municipal
Code/Zoning Code and all additional New York State building codes.
Discarded or useless material. The animal or vegetable waste
resulting from the handling, preparation, packaging, cooking, and
consumption of food.
The act of inspecting or viewing, especially carefully or
critically examining.
To keep in an existing state (as of repair, efficiency, or
validity); preserve from failure or decline.
The act of maintaining; the state of being maintained, the
upkeep of property, structure, or equipment.
The lack of proper maintenance for a building, structure
or premises.
A violation of the Town of Sand Lake Property Maintenance Code and this Chapter 185.
Any person who has charge, care or control of a structure
or premises that is let or offered for occupancy.
Any person, agent, operator, firm, or corporation having
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
Useless waste, trash, garbage, rejected matter and other
debris of a nondescript nature. Combustible and noncombustible waste
materials; the term shall include the residue from the burning of
wood, coal, and other combustible materials, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mechanical parts, building material, mineral matter,
glass, concrete, and other similar materials.
A structure, premises, house, townhouse, apartment, or dwelling,
with or without meals, for compensation (e.g., HomeAway, Airbnb, etc.).
The Town of Sand Lake.
Act of violating, lack of compliance with, infringement of, disregard of the Town of Sand Lake Property Maintenance Code and this Chapter 185.
The owner of the premises shall maintain the structures and
exterior property in compliance with these requirements, except as
otherwise provided for in this Town Code and the 2020 Property Maintenance
Code of New York State. A person shall not occupy as owner-occupant
or permit another person to occupy premises that are not in a sanitary
and safe condition and that do not comply with the requirements of
the 2020 Property Maintenance Code of New York State. Occupants of
a dwelling unit, rooming unit or housekeeping unit are responsible
for keeping in a clean, sanitary, and safe condition that part of
the dwelling unit, rooming unit, housekeeping unit or premises they
occupy and control.
Vacant premises, structures, and portions thereof, or vacant
land, shall be maintained by the owner 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.
Whenever the Code Enforcement Officer has reasonable grounds
to believe that a property, premises or structure is in violation
of the Town of Sand Lake Property Maintenance Code, they will notify
either the owner of the property, the owner's agent, firm, or
corporation that an inspection of the property will need to be done
within 24 hours of being notified.
The Code Enforcement Officer and each inspector are authorized
to issue court appearance tickets for any violation of the Uniform
Code or this chapter.
A.
In addition to those penalties prescribed by state law, any person,
owner, firm or corporation who violates any provision of the Uniform
Code, the Energy Code or this chapter, or any term or condition of
any building permit, certificate of occupancy/certificate of compliance,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Code Enforcement Officer pursuant to
any provision of this chapter or other applicable Code provision,
shall be liable for a civil penalty of a mandatory minimum fine not
less than $100 each day or part thereof the violation is found to
exist and not more than $1,000 for each day or part thereof during
which such violation continues.
(1)
First offense of the violation. Additionally, a mandatory minimum
fine of $1,500 for a first-time violation. The owner is required to
remedy the violation within 30 days of the conviction date for the
code violation or a second offense will be charged.
(2)
Second offense of the same violation. Additionally, a mandatory minimum
fine of $2,500 for a second violation of the same offense. The owner
is required to remedy the violation within 30 days of the conviction
date for the code violation or a third offense will be charged.
(3)
Third offense of the same violation and subsequent same violations.
Additionally, a mandatory minimum fine of $5,000 for a third or subsequent
violation of the same offense. The owner is required to remedy the
violation within 30 days of the conviction date for the code violation
or a subsequent offense will be charged.
(4)
The civil penalties provided by this chapter shall be recoverable
in the name of the Town of Sand Lake.
B.
If a fine that is imposed is not paid within 30 days or such time
period established by the court, then following mailing of a notice
described herein, the unpaid fines shall be assessed by the Town as
a lien against the debtor's real property in the Town and added
to the current tax roll by the Town as an unpaid charge attributable
to real property. Prior to assessing this lien for unpaid fines, the
Town shall mail a notice of the unpaid fine to the debtor at his/her
last known address by regular first-class mail stating that unless
the unpaid fines are paid within 15 days of the notice date, such
unpaid fines will be assessed and collected as an unpaid charge attributable
to the real property.
C.
The alternative or additional remedy specified hereafter may be taken
in addition to a proceeding for violation penalties. The Town of Sand
Lake may negotiate appropriate remediation and restoration measures
by entering into an enforceable settlement agreement or consent order
with any violator and/or owner, which may include payment by the violator
and/or owner of a monetary penalty which may include exemplary or
punitive damages, plus recovery of actual costs incurred by the Town
in connection with the enforcement proceeding, including actual attorneys'
fees, disbursements and, in appropriate cases, reimbursements for
the actual costs to be incurred in rectifying any circumstance or
condition necessary to restore the premises into compliance, all and
any of which may, if not voluntarily paid by the violator and/or owner,
constitute the basis of a lien charge attachable to the premises as
a special assessment or charge assessable and collectable on the tax
bill associated with the subject premises.
D.
Remedies are not exclusive; no remedy or penalty specified in this
section shall be the exclusive remedy or penalty available to address
any violation described in this section, and each remedy or penalty
specified in this section shall be in addition to, and not in substitution
for or limitation of, the other remedies or penalties specified in
this section, in the section detailing stop-work orders[1] in the Town Code, in any other section of the Town Code, or in any other applicable law or statute. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in Article XV, § 250-157 (Stop-work order) of the Zoning Code of the Town,[2] in any other section of local law, or in any other applicable
law. In particular, but not by way of limitation, each remedy and
penalty specified in this section shall be in addition to, and not
in substitution for or limitation of, the penalties specified in Subdivision
2 of § 382 of the New York State Executive Law, and any
remedy or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit
of any penalty specified in Subdivision 2 of § 382 of the
Executive Law.
This local law shall take effect immediately upon filing in
the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
