Chapter 91 Exterior Code

Residential properties:

Property owners shall furnish sufficient receptacles to contain garbage and refuse between scheduled collections.

Property owners and occupants shall keep all receptacles covered with tightfitting, sturdy lids at all times, except when actively placing or removing garbage.

Nonresidential properties:

It shall be the joint responsibility of the property owner and the nonresidential occupant to ensure that an adequate number of approved receptacles with tight-fitting lids are furnished and maintained for all garbage and refuse.

Both the property owner and the nonresidential occupant are jointly responsible for maintaining receptacles as required by this code.

General responsibility:

§ 91-2 Use and maintenance of receptacles; storage of bulk garbage and refuse items.

Property owners and occupants shall be jointly responsible for compliance with this section. Property owners shall be responsible for ensuring that tenants, users, or occupants comply with all applicable provisions. The City may pursue enforcement against either or both parties.

[Amended 10-7-2025 by Ord. No. 12-2025]

Requirements.

Receptacle covers. All garbage and refuse receptacles shall be kept securely covered at all times with tight-fitting lids to exclude animals, pests, and vermin, and to prevent the accumulation of rainwater or snow. Covers shall be replaced promptly after garbage collection, and no later than the same day.

Removal. The contents of all garbage and refuse receptacles shall be removed from the premises with sufficient frequency to prevent odors, infestation, overflow, or other public health nuisances. In no case shall garbage remain on the premises beyond a regularly scheduled collection interval.

Condition of receptacles. Receptacles must be maintained in a good, clean, and sanitary condition. They shall be free of leaks and structural damage, including dents that prevent closure or ragged/sharp edges that pose a safety risk.

Receptacle standards. All garbage, excluding bulk items, must be placed in nonabsorbent, watertight, and durable receptacles with a tight-fitting lid. Plastic bags are not considered durable receptacles and shall not be used to store or place garbage curbside.

Bulk item storage. Bulk garbage or household items must be stored in a safe and sanitary condition, free from hazards, standing water, or sharp/dangerous components. Storage must comply with all applicable code provisions.

(6)

Exterior cleanliness. All exterior areas of premises, including porches, shall be maintained free of solid waste, garbage and litter. Any litter deposited by wind, foot traffic, or other means that remains for more than 24 hours shall be removed.

(7)

Post-collection waste. Any garbage not collected during a scheduled pickup must be removed from curbside or stored in compliance with this chapter within 24 hours of the scheduled collection.

(8)

Recyclables. Storage and disposal of recyclable materials shall comply with all applicable requirements in this chapter for garbage and refuse.

(9)

Composting. Composting materials, when properly maintained, are not considered garbage. Composting must occur in sanitary conditions, be secure from wildlife, and take place only in rear yards.

(10)

Prohibition on burning. Burning of garbage, refuse, bulk items, or other solid waste materials is strictly prohibited on any property within the City. This includes burning by property owners, tenants, lessees, or other occupants. Any such activity shall constitute a violation of this code.

(11)

Prohibition on scattering waste. It shall be unlawful for any person to strew, scatter, or otherwise cause the contents of any garbage or refuse receptacle to be deposited on lawns, sidewalks, streets, waterways, streams, vacant lots, or any other public or private property within the City of Oneonta.

(12)

Size. No receptacle for household waste shall exceed 50 gallons in capacity; or be smaller than four gallons, unless written approval is obtained from the Code Enforcement Office.

Location of garbage and refuse storage.

Garbage receptacles, refuse containers, and bulk items shall not be stored in front yards, along the front facade of any structure, or in any location visible from a public street for more than 24 hours, excluding periods when receptacles are placed at the curb for scheduled collection. Moving a receptacle to another location that is also not in compliance with this code shall not reset the twenty-four-hour period.

Storage of garbage receptacles or bulk items on tree lawns is prohibited.

No person shall place garbage, refuse, or bulk materials at or near the curb of a property other than the property where such waste was generated.

For properties with public street frontage on multiple yards, receptacles shall be stored in the rear yard. If no rear yard exists or if physical constraints make rear yard storage impractical, receptacles shall be stored in the least visible location, screened from public view to the greatest extent possible, and in compliance with all other provisions of this code.

Bulk or household items shall not be stored in public view, including on porches, driveways, or lawns visible from any public street or right-of-way.

Exceptions:

Garbage and refuse stored in compliance with this chapter.

Recyclable materials stored in compliance with this chapter.

(c)

Construction and demolition debris associated with an active construction project that has a valid building permit, provided the debris is stored in a covered dumpster or other compliant receptacle and for no longer than 30 consecutive days. Debris not associated with a permitted construction project shall be considered solid waste.

(d)

Residents may place reusable household items on the tree lawn for informal scavenging, provided the items are placed no more than once per calendar month and are removed within 48 hours if not collected.

Dumpsters.

Maintenance and condition. Dumpsters shall be maintained in a clean, sanitary, and structurally sound condition, free of leaks, overflows, offensive odors, and pest or rodent infestations.

Location restrictions. Dumpsters shall not be stored in front yards, tree lawns, or any area visible from a public street unless fully screened from public view and in accordance with Chapter 300 Zoning. Placement within a public right-of-way requires approval from the Department of Public Works.

Lids and containment. All dumpsters shall be equipped with tight-fitting lids or covers, which must remain closed when not in use to prevent access by animals, limit odors, and prevent water accumulation.

Overflow and surrounding area. No garbage, refuse, or debris shall be permitted to accumulate outside the dumpster. The area surrounding the dumpster shall be kept free of litter and spillage.

Use requirements. Only solid waste appropriate to the dumpster's intended use may be disposed of within it. Hazardous waste, liquids, and construction materials are prohibited unless expressly authorized by the Department of Public Works or Code Enforcement Office.

Variance procedure for location issues. The Zoning Board of Appeals shall have the authority to hear and decide requests for variances from the storage location requirements specified in Subsection B of this section.

Review criteria. In reviewing variance requests, the Board shall consider factors including, but not limited to:

Site-specific physical constraints;

Visibility from public rights-of-way;

(c)

Proximity to neighboring properties;

(d)

Impacts on public health, safety, and welfare;

(e)

Availability of alternative compliant storage locations.

Findings required. A variance shall not be granted unless the applicant demonstrates that:

Strict compliance would create a practical difficulty or unnecessary hardship not caused by the applicant; and

The proposed location will not create a nuisance, obstruct pedestrian or vehicular traffic, or otherwise undermine the health, safety, or welfare of the City of Oneonta.

Conditions. The Board may impose conditions on any variance granted, including but not limited to time limitations, screening requirements, or maintenance standards.

Notice of violation for improper storage of receptacles. Upon a first violation of this code related to the storage of garbage receptacles, the City shall issue a written notice of violation to:

The individual or entity listed as the property owner with the Otsego County Office of Real Property; or

The designated agent on file with the City of Oneonta Code Enforcement Office.

The notice shall include:

A description of the violation,

The required corrective action,

(c)

Any applicable costs or penalties, and

(d)

Instructions for appeal as provided in this code.

Repeat violations within the same calendar year. If a subsequent violation of the garbage receptacle storage provisions occurs at the same property within the same calendar year, the City may correct the condition without issuing additional notice, and may recover associated costs in accordance with this code.

Exceptions. No further enforcement without notice shall occur under this subsection if either of the following applies:

Change of ownership. The property has transferred ownership since the prior violation, and the new owner has not been previously notified.

§ 91-3 Dumping in rivers, creeks and ditches.

Change of registered agent. A new agent has been filed with the City Code Enforcement Office since the prior violation, and that agent has not been previously notified.

[Amended 10-7-2025 by Ord. No. 12-2025]

No person shall throw or place any refuse, paper, trash, snow, glass, nails, tacks, wire, bottles, cans, yard trash, concrete, earthen fill, garbage, containers or litter or other debris in any ditch, stream, river or retention basin that regularly or periodically carries surface water runoff. Any persons who deposits any of the above shall remove it or shall cause it to be removed therefrom immediately.

In the event that the City of Oneonta deems it necessary to bring civil action to enforce the terms of this chapter, the violator shall be responsible for all court costs and attorney fees incurred by the City.

§ 91-4 Inoperable, unlicensed, uninspected or uninsured motor vehicles.

[Amended 10-7-2025 by Ord. No. 12-2025]

Open storage prohibited. No person shall permit the open storage of one or more inoperable, unlicensed, uninspected, or uninsured motor vehicles on private property within the City for a period exceeding two weeks. No vehicle shall at any time be openly stored in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.

Exceptions:

Licensed and approved motor vehicle sales, repair, or service establishments operating in compliance with all applicable regulations.

§ 91-5 Brush, trees, grass and vegetation.

Approved junkyards or recycling facilities operating in compliance with all applicable regulations.

Compliance with Zoning Requirements. Any storage of inoperable, unlicensed, uninspected, or uninsured motor vehicles must comply with all applicable parking, screening, and loading standards of the City of Oneonta Zoning Code.

Any permitted storage shall be fully screened from public view to the greatest extent possible.

[Amended 10-7-2025 by Ord. No. 12-2025]

General maintenance. All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds are prohibited. Cultivated flowers and gardens are not considered weeds. Premises located at street intersections or on curved streets shall be maintained to provide a clear and unobstructed view of the intersection or curve.

Exceptions:

This section shall not prevent the raising of gardens or cultivated crops on farmland or unreasonably require the cutting of grass and brush on undeveloped areas, except within 200 feet of improved properties and adjacent to public rights-of-way.

Natural woodlands or public parklands shall be considered to serve an ornamental or useful purpose.

Prohibited discharge of yard waste onto public ways. It shall be unlawful to intentionally or negligently blow, sweep, deposit, or otherwise place grass clippings, leaves, or other yard waste onto any public street, sidewalk, curb, or gutter.

Enforcement. Accumulations of grass clippings, leaves, or yard waste that cover an area greater than approximately two square feet or that obstruct drainage, pedestrian travel, or vehicle movement shall constitute a violation of this subsection if not removed within 24 hours of placement.

Responsibility. Property owners and occupants shall be responsible for ensuring compliance with this subsection and for promptly removing any yard waste discharged onto public rights-of-way from their property.

Rights-of-way maintenance. The area along public rights-of-way adjacent to or on the property, including but not limited to the area between the front property line or sidewalk and the curb or street pavement (tree lawn), shall not for more than 24 hours fail to be maintained in a reasonably clean and sanitary condition free of garbage or solid waste. Grass, weeds, and brush in these areas shall be cut, removed, or trimmed in compliance with this section.

Plantings in tree lawns. The planting of annuals and perennials in tree lawns is permitted. The planting of trees or shrubs, or changes to curbing, elevation, grading, impervious coverage, or hardscaping within tree lawns, requires approval from the Director of Public Works.

Overhanging branches. Any person owning or maintaining ornamental or shade trees within or overhanging any street, sidewalk, or public place shall keep such trees trimmed so that the lowest branches are not within 12 feet of the ground.

Prohibited plantings. No person shall plant poplar, willow, silver maple, or box elder trees within 100 feet of any public highway, sidewalk, sewer, water main, gas main, or watercourse within the City.

Prohibited maintenance of certain trees. No person shall maintain a poplar or willow tree whose roots may penetrate over or under the surface of a public highway, sidewalk, or public place, or within 100 feet of any sewer, water main, gas main, or watercourse within the City.

City tree maintenance. The maintenance of City-owned trees, including those between the sidewalk and curb, shall be performed only by the Department of Public Works or its designee.

Replacement of vegetation with hardscape prohibited. Areas visible from the public right-of-way, including tree lawns, that are covered with vegetation, grasses, or landscaping shall not be replaced with gravel or other hardscaping. Properties with public street frontage on all yards may create hardscaping only in rear yards and only in compliance with the City of Oneonta Municipal Code.

Responsibility for tree lawn damage. Tree lawns shall be maintained by the property owner, who shall also repair, to the specifications of the Director of Public Works, any damage to sidewalks, curbing, or vegetation caused by the use of the property by the owner, lessee, tenant, or occupant.

Storage of brush. The accumulation of brush shall not create a nuisance, be stored in a front yard, or encourage the harborage of vermin, pests, or wildlife. Brush shall not be stored on tree lawns.

Exception: Brush may be stored on the tree lawn only in compliance with a brush and yard-waste collection program administered by the Department of Public Works.

Hardship exemption. Where the Board of Public Service finds that a property is of such size or has topographical characteristics that make compliance impractical or impose financial hardship, the Board may grant an exemption or partial exemption to the extent dictated by the special circumstances.

Repeat violations within the same calendar year. If a subsequent violation of the provisions of the brush, trees, grass, and vegetation section occurs at the same property within the same calendar year, the City may correct the condition without issuing additional notice, and may recover associated costs in accordance with this code.

Exceptions. No further enforcement without notice shall occur under this subsection if either of the following applies:

Change of ownership. The property has transferred ownership since the prior violation, and the new owner has not been previously notified.

§ 91-6 Porches, roof areas, and exterior property conditions.

Change of registered agent. A new agent has been filed with the City Code Enforcement Office since the prior violation, and that agent has not been previously notified.

[Amended 10-7-2025 by Ord. No. 12-2025]

Roof access and use. Access to or use of any roof not specifically designed for occupancy is prohibited. Roofs shall not be used for storage or occupancy unless equipped with code-compliant guardrails. Roof areas must remain free of garbage, solid waste, and bulk items.

Porch and yard furniture restrictions.

Furniture intended primarily for indoor use, including but not limited to couches, armchairs, and mattresses, shall not be used or stored on unenclosed front or side porches, or in front or side yards.

§ 91-8 Responsibilities of agents delegated by property owners.

All porches, whether enclosed or unenclosed, shall remain free of garbage, solid waste, and bulk items.

Porch, roof, and exterior structure maintenance. Porches, exterior structures, and roof areas shall be maintained in a safe, structurally sound, and weathertight condition. Required maintenance includes, but is not limited to, foundation walls, windows, doors, coatings, fasteners, and decorative or architectural elements. All work shall be performed in a neat and workmanlike manner.

Paved areas and exterior surfaces. Steps, walkways, driveways, patios, parking areas, and paved portions of tree lawns shall be maintained in a safe, passable condition under normal use and weather conditions. Paved areas shall be free of trip hazards, cracks, holes, or missing elements. Repairs shall be performed in a workmanlike manner.

Fences and walls. Fences and walls shall be maintained in a safe, upright, and structurally sound condition. Maintenance shall include protective coatings, individual components, gates, and fasteners. All repairs shall be made in a workmanlike manner.

Grading and drainage. All lots shall be graded and maintained to prevent erosion and to avoid the accumulation of stagnant water on the premises or within any structures.

Rodent control. Exterior property and structures shall be kept free of conditions that promote rodent harborage or infestation. Where rodents are detected, extermination shall be conducted using approved methods that do not endanger human health. After extermination, measures shall be taken to prevent reinfestation.

General cleanliness. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition.

§ 91-7 Sidewalks; snow and ice.

[Amended 10-7-2025 by Ord. No. 12-2025]

Snow and ice removal. Sidewalks shall be kept free from snow and ice for their full paved width, except during an active snowfall. The owner and occupant of each parcel of real estate in the City abutting or bordering any public street, highway, or place shall remove, or cause to be removed, all snow and ice from the sidewalk in front of or adjacent to such premises by 9:00 a.m. each day following a snowfall. Where sidewalks have not been paved or duly established, snow and ice shall be removed to a width of not less than four feet from the portion of the street or way commonly used as a footpath. Each day that a violation continues shall constitute a separate offense.

Snow and ice falling from roofs. The owner and occupant of any building abutting or near any public street, sidewalk, or place shall ensure that snow or ice is removed from the roof by 9:00 a.m. each day, or suitable guards must be installed to prevent snow or ice from discharging onto the sidewalk or street.

Frozen conditions. If snow or ice on a sidewalk is so frozen that it cannot be removed without damaging the surface, the sidewalk must be promptly treated with ashes, sand, sawdust, or similar material to eliminate hazards to pedestrians. As soon as conditions allow, the sidewalk shall be completely cleared of snow, ice, and any traction materials in accordance with this section.

Prohibited discharge onto public right-of-way. It shall be a violation of this chapter for any person to throw, cast, discharge, or deposit snow or ice onto any public sidewalk, street, or other portion of the public right-of-way. This includes snow or ice removed from private driveways, walkways, or sidewalks.

Abatement by City; assessment of costs. If an owner or occupant fails to comply with this section, the City may clear snow or ice from the sidewalk or roof without prior notice. The invoice issued for such removal shall constitute notice of the violation. The property owner may contest the invoice by submitting a written appeal in accordance with the procedures set forth in the Penalties and Appeals section of this chapter. If the invoice is not paid, all abatement costs, including a 50% administrative surcharge, shall be assessed against the property and collected in the same manner as general City taxes, including placement as a lien.

[Amended 10-7-2025 by Ord. No. 12-2025]

Property owners who do not reside in the City of Oneonta or an approved adjacent municipality must file an agent form with the Code Enforcement Office designating an agent to be responsible for all requirements outlined in this chapter and to accept service of process on behalf of the property owner. Property owners residing within the City of Oneonta or an approved adjacent municipality may delegate these responsibilities to an agent, provided that, at the time of any violation of this subsection, a current agent form is on file in the Code Enforcement Office.

The property owner and agent shall both be liable for violations of this chapter. The City may bring an enforcement action against either the property owner or the agent, or both.

If a property owner who does not reside in the City of Oneonta or an approved adjacent municipality fails to file an agent form within 30 days of the effective date of this chapter, or if the designated agent fails to accept service or denies the agency relationship, service by mail shall be deemed complete upon mailing of a certified notice of violation to the property owner at the address on record with the Otsego County Office of Real Property.

All agent forms shall be filed using the form specified by the Code Enforcement Office. The agent must be a resident of an approved municipality or maintain regular daily business in the City of Oneonta. "Business" shall mean regular employment within the City, verifiable through documentation submitted to the Code Enforcement Office. Post office boxes will not be accepted as addresses for agents.

The property owner shall be responsible for informing the Code Enforcement Office, in writing, of any changes to the owner's or agent's addresses or telephone numbers following submission of the agent form.

A residential tenant may not be designated as an agent under this section, except where such designation is included in a separate employment agreement between the tenant and the property owner. Such agreement shall not be contained in the lease agreement, and designation as agent shall not be a condition of the lease.

Reference to Chapter 86. Where a property owner is required to register a rental dwelling under Chapter 86 of the City Code, the designation, renewal, and maintenance of an agent under this section shall be governed by the applicable provisions of Chapter 86, including any administrative fees, renewal requirements, and penalties for noncompliance. This subsection shall not apply to owners of properties exempt from the agent registration requirements of Chapter 86.

§ 91-9 Notification to correct a violation; failure of property owner to comply; appeals to Board of Public Service.

Except as otherwise specified in this subsection, in any case in which the City intends to correct a violation of this chapter and then bill the property owner for the correction of the violation, the Code Enforcement Officer or his/her designee shall notify the owner of the property and, where relevant, the registered agent as outlined in this Code, in writing, of any violation of this chapter.

Exceptions:

Failure to clear snow or ice from a sidewalk. Notice of such violation or of the City's intention to remedy the violation shall not be required prior to the clearing of such snow or ice as provided for in this code; the invoice for such clearing shall constitute notice of the violation and shall also state that the property owner may contest the invoice by making a written appeal before the Board of Public Service. Any cost associated with this action if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general City tax and as a part thereof. The charge to remedy any violation of this code may include a 50% charge thereof for supervision and administration.

Storage of garbage receptacles. Notice of the City's intention to remedy the violation shall not be required prior to remedy as provided for in this code; the invoice for such remedy shall constitute notice of the violation and shall also state that the property owner may contest the invoice by making a written appeal before the Board of Public Service. Any cost associated with this action if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general City tax and as a part thereof. The charge to remedy any violation of this code may include a 50% charge thereof for supervision and administration.

Remedy of brush, trees, grass and vegetation. Notice of the City's intention to remedy the violation shall not be required prior to remedy as provided for in this code; the invoice for such remedy shall constitute notice of the violation and shall also state that the property owner may contest the invoice by making a written appeal before the Board of Public Service. Any cost associated with this action if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general City tax and as a part thereof. The charge to remedy any violation of this code may include a 50% charge thereof for supervision and administration.

The Code Enforcement Officer, upon complaint being made to them or upon their own motion, shall, upon personal and direct knowledge of the existence of garbage, refuse or solid waste being stored in violation of this code for a duration of more than 48 hours, may cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises. Any cost associated with this action if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general City tax and as a part thereof. The charge to remedy any violation of this code may include a 50% charge thereof for supervision and administration.

Exceptional emergency conditions. In circumstances where a violation of this code exists where a structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks sanitary facilities or poses an immediate and imminent threat to the public health, safety or welfare, the Code Enforcement Office may immediately cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises. Any cost associated with this action if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general City tax and as a part thereof. The charge to remedy any violation of this code may include a 50% charge thereof for supervision and administration.

Any notice required by this chapter shall be served in person or by mail to the registered agent, owner or address appearing on the City tax roll, requiring such person, within a time specified in such notice but in no event less than five days from the service or mailing thereof, to bring the premises in to compliance with this chapter. Such notice shall also state that the property owner or registered agent may contest the finding of the Code Enforcement Officer or designee by making a written appeal to the Board of Public Service.

The Code Enforcement Officer, upon the failure of such owner or agent to comply with a required notice of violation within the time limited therein, shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises. The Code Enforcement Officer may include a 50% charge thereof for supervision and administration. The minimum charge to the property owner for such work shall be an amount determined from time to time by the Common Council.

Bills rendered for bringing any premises into compliance with this code shall be due 30 days from the date of such bills. Failure to pay a bill within 30 days shall result in a late fee in the amount of 20% of the penalty added to the amount due, such late fee is waivable by the Director of Finance.

The owner of the premises shall be held responsible and liable for all charges for such service. In case of default of payment, any charges will be collected in the manner provided for by the provisions of the City Charter relating to the collection of general City taxes, including the levy, correction, enforcement and collection in the same manner and in the same proceedings at the same time, under the same penalties, and having the same lien upon the property so charged as such tax and as a part thereof.

Any person who denies a violation of this code or is allegedly aggrieved by the actions taken under this chapter may, within 10 days after receipt of billing for said actions make a request, in writing, for a hearing before the Board of Public Service, stating in detail the reasons why such hearing is requested. Any such written request for a hearing shall automatically stay further administrative enforcement concerning the alleged violation pending such hearing. The decision of the Board of Public Service, by majority vote, shall be binding, subject to any further judicial review available to either the City or the property owner.

§ 91-10 Enforcement; violation notice.

The Code Enforcement Officer or their designee is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of this chapter. When required, upon finding that any such condition or activity exists, the Code Enforcement Officer or their designee shall issue a violation order hereunder.

The order shall include the following:

Be in writing.

Identify the premises.

Specify the violation and remedial action to be taken.

Provide a reasonable time limit for compliance in accordance with this chapter.

State the time within which an appeal may be made.

(6)

A statement that if the violation is not remedied within the time limit specified in the order, the Code Enforcement Officer or their designee may remedy the violation and/or issue an appearance ticket and/or take additional legal action to remedy the violation.

A violation order may be served as follows:

By personal service.

By mailing, by registered or certified mail, to the registered agent, owner or address appearing on the City tax roll, in accordance with this chapter.

§ 91-11 Enforcement; Failure to remedy; reinspection.

If no person has filed with the Code Enforcement Office the name and address of the owner, lessor or their respective agent upon whom an order may be served, as provided in this chapter, by posting a copy of the violation notice in a conspicuous place on the premises and by mailing another copy to the premises, on the same day as posted, enclosed in a postpaid wrapper addressed to the owner, lessor or their respective agent.

After the time for correction is passed, there shall be a reinspection, for which a reinspection fee may be charged. If the violation is not corrected, the inspector may schedule a time for one or more reinspection, each of which may not commence sooner than five calendar days from the date of the last inspection, to determine whether the violation is corrected. If reinspection of the building or premises are required because violations remain uncorrected, a separate reinspection fee may be charged for each such reinspection in accordance with the inspection fee schedule then in effect. Notice for reinspection shall follow the same requirements as a notice of violation.

If the violation is not corrected, the inspector may remedy the violation in accordance with this chapter and may refer the matter to the City of Oneonta Prosecutor for legal action.

Failure to pay a bill within 30 days shall result in a late fee in the amount of 20% of the penalty added to the amount due; such late fee is waivable by the Director of Finance.

§ 91-12 Enforcement; appearance tickets.

Appearance tickets. Notwithstanding any contrary Code provision, appearance tickets may be issued by the Code Enforcement Officer and/or his/her designee(s) charging violations of this chapter or whenever there is probable cause to believe that said violations have occurred. Any rights to administrative appeals to any board or commission of the City of Oneonta mentioned elsewhere in this Code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of this chapter. Any right to an administrative appeal from a decision or determination of the Code Enforcement Officer or other City official with regard to the above Code chapter and section shall apply only in cases in which the City intends to correct the violation and seek to charge the property owner or agent for the costs of correction. Service by first-class mail of an appearance ticket to the property owner at the property address or other address indicated by the owner, or if an agent has been designated, shall be deemed complete.

Each violation of this chapter, and each day during which a violation continues, shall be deemed to be a separate violation. Failure to comply with a violation order, within the time limit stated therein, shall constitute an offense. A person convicted of an offense shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed one year, or both. Failure to comply with a violation order, after such time limit, may constitute a separate offense for which the aforesaid penalties may be cumulatively imposed.

The City Attorney or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect any penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to compel compliance with or restrain by injunction any such violation.

In the event a defendant property owner or representative does not answer a ticket within six months of the court date specified on the summons, the court having jurisdiction shall enter a default plea of guilty on behalf of the defendant property owner and render a default judgment of the fine specified in this section. Upon motion by the defendant property owner with good cause for the default shown and a meritorious defense asserted, the court shall vacate the default plea of guilty. Mailing the summons to an address other than the one specified in the Code Enforcement Office file shall also be grounds to vacate the default plea of guilty.

§ 91-13 Definitions.

[Amended 10-7-2025 by Ord. No. 12-2025]

As used in this chapter, the following terms shall have the meanings indicated:

CULTIVATE

The act of caring for or raising of plants through the destruction of weeds and grasses. This definition includes preparation, planting and maintenance of annual and perennial plantings.

GARBAGE and REFUSE

Includes both combustible and incombustible waste materials, such as waste of meat, fish, fruits, vegetables or vegetable matter, including tin cans that have contained food material, and paper, wood, leather, cloth or any other combustible matter, ashes, glass, metals or other incombustible refuse. This term shall also include bulk items such as vehicle tires, household appliances, furniture, machinery, construction waste and demolition waste.

INOPERABLE MOTOR VEHICLE

A vehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, uninspected, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

PUBLIC VIEW

Means visible from a public right-of-way, including streets, sidewalks, or alleys, under normal conditions and without the aid of artificial means.

STORED

Means located or placed on a property for more than 24 consecutive hours in a substantially fixed position. Movement to another location that is similarly noncompliant with this code shall not reset the 24-hour period.

TREE LAWN

The strip of land between a public sidewalk and the adjacent curb or street pavement, whether or not grass or plantings are present.

WEEDS

For the purposes of this chapter, weeds means all grasses, annual plants, and vegetation other than trees or shrubs; cultivated flowers and gardens are not considered weeds.

§ 91-14 Penalties; administrative fees; abatement costs; appeals.

[Added 10-7-2025 by Ord. No. 12-2025]

General enforcement authority. Violations of any provision of this chapter may be enforced through civil remedies, administrative fees, abatement actions, or, where applicable, criminal penalties. Nothing in this section shall be construed to limit the City's right to pursue injunctive relief or other remedies as provided by law.

Initial response and remediation. Where the City remedies a violation of this chapter, it may recover all actual costs associated with the corrective action, including labor, materials, equipment, legal or contractual services, and any necessary inspections.

Supervision and administrative surcharge. A standard administrative surcharge of up to 50% may be applied to the cost of remediation to cover supervision, enforcement coordination, and administrative processing.

Escalating administrative fees for repeat violations. In addition to remediation costs, the following administrative fees may be imposed for repeat violations occurring at the same property within a 12-month period:

First violation: Written notice and correction period only (no fee).

Second violation: $50 administrative fee.

Third violation: $100 administrative fee.

Fourth and subsequent violations: $150 administrative fee per occurrence.

Where compliance requires submission of documentation (including but not limited to inspection forms, correction affidavits, or certifications), and such documentation is not received by the City, each day the documentation remains outstanding shall constitute a separate offense. An administrative fee in an amount established from time to time by resolution of the Common Council may be assessed for each day of noncompliance until the required form or documentation is received.

Right to appeal. Any person who receives a notice of violation, abatement invoice, or administrative fee may appeal to the Board of Public Service. Appeals must be received in writing by the Code Enforcement Office within 30 days of the date of notice. Appeals must include specific allegations of error or hardship as outlined below. Appeals not meeting these criteria may be dismissed without further hearing.

Board review criteria. The Board may uphold, reduce, or waive administrative fees based on the following considerations:

Evidence of prompt corrective action. The appellant took timely and documented steps to abate the violation after receiving notice. Acceptable documentation includes, but is not limited to, dated photographs, third-party contractor receipts, inspection reports, or submission of completed forms required by the City. Compliance must be both physically performed and administratively recorded (e.g., through the submission of required forms or certifications) to be considered for appeal. Failure to submit required documentation to the Code Enforcement Office in a timely manner may result in continued accrual of administrative fees, regardless of when the corrective work was performed.

Demonstrated lack of legal control. The appellant provides evidence that they did not have legal control over the premises at the time of the violation. Examples include a terminated lease, property sale, or other valid transfer of control.

Preventive measures undertaken prior to violation. The appellant shows that they took specific, documented steps to prevent the violation before it occurred. Examples include lease language, signage, tenant notices, or other verifiable efforts.