[HISTORY: Adopted by the City Council of the City of Jamestown 9-26-2022 by Ord. No. 2023-08-01. Amendments noted where applicable.]
Lack of maintenance of properties, littering, improper storage
of junk and debris, storage of inoperable/nonregistered vehicles,
vendor operations without permits, high grass and weeds, graffiti
and accumulation of snow and ice are costly problems that contribute
to the deterioration of property values and general disorder in a
community. These problems degrade the physical appearance of the City,
which reduces business and tax revenue, inhibiting economic development.
The quality of life and community pride of the citizens of Jamestown
are negatively impacted by the occurrences and existence of these
activities. Recognizing these are community problems, the purpose
of this chapter is to promote the health, safety and general welfare
of the City by helping to create and sustain a clean, healthy living
environment for the citizens of Jamestown.
The following words, terms, and phrases, when used in this chapter,
shall be defined as follows, unless context clearly indicates otherwise:
The word "City" as used herein shall mean the City of Jamestown,
New York.
Any tree that is considered dangerous and unsafe to the public
by the City Arborist, due to overgrowth, impeding driver vision, disease,
instability, infestation, harmful insects or a dead tree.
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked,
or piled in such a manner so as not to create a nuisance or become
a harboring place or food supply for insects and rodents.
All putrescible animal or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Any type of mechanical device, capable, or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby.
A written document issued to a person in violation of a City
ordinance, which specifies the violation and contains a directive
to take corrective action within a specified time frame or face further
legal action.
Any outdoor fire or outdoor smoke-producing process, from
which air contaminants are emitted directly into the outdoor atmosphere.
Any land and the improvements thereon owned by any person,
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walkways, driveway, porch, steps, vestibule, or mailbox belonging
to or appurtenant to such dwelling, house, building, or other structure.
Any condition or premises which are unsafe, unsanitary and/or
disruptive to the health, safety, or general welfare of citizens of
the City of Jamestown.
Any condition, structure, or improvement which constitutes a
danger or potential danger to and/or interferes with the health, safety,
or general welfare of citizens of the City, or causes a blighting
effect in City neighborhoods.
A public nuisance that meets the definition set forth in § 219-2.
Any police officer, code enforcement officer, building code
official, or authorized inspector to enforce federal, state and/or
City laws, rules, regulations and/or ordinances.
A form issued by a public officer to a person who violates
a provision of this chapter. The violation ticket is an offer, by
the City of Jamestown, extended to a person to settle a violation
by paying the fine in lieu of a citation being issued against the
violator.
All waste material, including, but not limited to, garbage,
rubbish, incinerator residue, street sweepings and dead animals.
Solid or liquid waste material, including, but not limited
to, paper and paper products; rags; trees or leaves, needles and branches
therefrom; vines; lawn and garden debris; furniture; cans; crockery;
plastic; cartons; chemicals; paint; grease; sludge; oils and other
petroleum products; wood; sawdust; demolition materials; tires; and
automobiles and other vehicles and parts for junk, salvage or disposal.
All grasses, annual plants, and vegetation. Weeds shall not
include cultivated flowers, gardens, trees and shrubs.
Quality-of-life violations are as follows:
A.
QOL-1. Animal waste/feces cleanup. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of animal waste/feces. § 215-45.
B.
QOL-2. Exterior junk and debris. An excess of garbage, junk, and debris on the exterior of the property including the front yard, side yard, front porch, and all porches of the structure. § 215-44.
C.
QOL-3. High weeds, grass, or plant growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. No shrubs or bushes shall impede motorists vision from the road. § 215-42.
D.
QOL-4. Dangerous trees. The owner of any property shall, at the owner's expense, remove any dangerous tree within 15 calendar days within receipt of the City Arborist's declaration. § 280-10.
Upon finding a quality-of-life violation, any public officer,
as previously defined herein, may issue quality-of-life violation
ticket(s) to the owner and/or occupant of the property at issue, or
to the individual(s) known to have violated this chapter.
A quality-of-life ticket shall be served upon a violator by
personally serving it to the violator, by personally serving it at
the residence of the person to be served to an adult member of the
household or other person in charge of the residence, by leaving or
affixing the quality-of-life ticket to the property where the violation
exists, by personally serving it at any office or usual place of business
of the violator, to his/her local responsible agent or to the person
for the time being in charge thereof, or by mailing the quality-of-life
ticket to the violator's last known address of record.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
A.
Any person or business violating this chapter is hereby directed
to satisfy the City of Jamestown and its citizens, upon issuance of
a quality-of-life ticket, by correcting the violation in question.
A public officer is authorized and empowered to cause a violation
to be corrected. The cost shall be determined by the City Code Enforcement
Officer in order that the City shall be compensated for both direct
and indirect costs and expenses incurred.
B.
The City of Jamestown and/or its contractor, per the direction of
the City, reserves the right to abate the violation, in question,
at the expense of the owner. If the City has affected the abatement
of the violation, the total cost thereof, to include hourly wages
and all items and materials used, may be charged to the owner of the
property, tenant, or offending party. A bill/invoice will be generated
to the violator for payment separate from the quality-of-life ticket,
which will also be paid separately.
C.
In all instances where the City abates the violation, in addition
to the fine set forth in the quality-of-life ticket, the City is authorized
to recover from the offending party, the owner of the property, or
tenant, the abatement charges and such other charges established by
the Code Enforcement Officer or other authorized public officer, and
the rules and regulations.
D.
Should the violation, at the discretion of the Code Enforcement Officer,
present imminent danger and/or pose a health hazard and/or risk, the
City reserves the right to perform the abatement immediately. The
City will contract to perform this work, and forward the cost of any
material necessary for the abatement to the property owner in violation.
A.
Any person who violates this chapter shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the City for the cleanup and abatement of the violation. The minimum
fines are set forth below. Continued violations of this chapter at
the same address for the same matter will result in the minimum penalty
being raised by $50 for each subsequent offense.
|
Ordinance
|
Description
|
Minimum Penalty
|
|---|---|---|
|
QOL-1
|
Animal maintenance and waste/feces cleanup
|
$100
|
|
QOL-2
|
Exterior junk and debris
|
$100
|
|
QOL-3
|
High weeds, grass, or plant growth
|
$50
|
|
QOL-4
|
Dangerous trees
|
$100
|
|
QOL-5
|
Unauthorized motor vehicles
|
$100
|
|
QOL-6
|
Prohibited burns
|
$100
|
B.
Failure of the person to make payment within 15 days of the date
of service of a violation ticket shall result in doubling the penalty
amount. If the violation remains, an appearance ticket will be issued
resulting in a court appearance date.
C.
Failure of the person to make payment within 60 days of issuance
may result in the delinquent fine to be recovered through debt-collection
proceedings.
D.
If the violation remains, and failure to remediate occurs, the quality-of-life violation may rise to a nuisance violation relevant to § 215-46 and will be subject to penalties defined therein.
E.
If the violation is remediated within five days of ticket issuance,
and can be proven through Code Enforcement or Public Officer inspection,
the fine shall be discharged. Not subject to QOL-5 and QOL-6 violations.
A.
Any person charged with an offense for which payment of a fine may
be made to the City Clerk/Treasurer shall have the option of paying
such fine within the time specified in the quality-of-life ticket
at the City Clerk/Treasurer's office upon entering a plea of
guilty and upon waiving appearance in court.
B.
The payment of a fine to the City Clerk/Treasurer shall be deemed
an acknowledgment of conviction of the alleged offense, and the City
Clerk/Treasurer, upon accepting the prescribed fine, shall issue a
receipt to the violator acknowledging payment thereof.
The following duties are hereby imposed upon the City Clerk/Treasurer
in reference to traffic offenses:
A.
He or she shall accept designated fines, issue receipts and represent
in Court such violators as are permitted and desire to plead guilty,
waive Court appearance and give power of attorney.
B.
He or she shall receive and issue receipts for cash bail from the
persons who must or wish to be heard in Court and, in coordination
with the Clerk of the City Court and Office of the Corporation Counsel,
enter the time of their appearance on the Court docket and notify
the arresting officer and witnesses, if any are present. He or she
shall keep an easily accessible record of all violations of which
each person has been guilty during the preceding 12 months, whether
such guilt was established in Court or by payment of the fine at the
City Clerk/Treasurer's office.
A.
The Department of Development shall keep records of all notices issued
and arrests made for violations of the quality-of-life tickets in
this City and of all the fines collected and of the final disposition
or present status of every case of violation of the provisions of
such laws and ordinances. Such records shall be so maintained as to
show all types of violations and the totals of each. Such records
shall be public record.
A.
All relevant ordinances, regulations, and policies of the City of
Jamestown, New York, not amended shall remain in full force and effect.
B.
Any ordinance or part of an ordinance conflicting with the provisions
of this chapter shall be subordinate to this chapter to the extent
of such conflict, and the language contained in this chapter shall
control.
A.
If any section, clause, provision or portion of this chapter shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this chapter so long as it remains legally enforceable
minus the invalid portion.
B.
The City reserves the right to amend this chapter or any portion
thereof from time to time as it shall deem advisable in the best interests
of the promotion of the purposes and intent of this chapter and the
effective administration thereof.
