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:
CITY
The word "City" as used herein shall mean the City of Jamestown,
New York.
DANGEROUS TREES
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.
DEBRIS
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.
GARBAGE
All putrescible animal or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
MOTOR VEHICLE
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.
NOTICE OF VIOLATION
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.
OPEN FIRE
Any outdoor fire or outdoor smoke-producing process, from
which air contaminants are emitted directly into the outdoor atmosphere.
PRIVATE PROPERTY
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.
PUBLIC NUISANCE
A.
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.
B.
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.
C.
A public nuisance that meets the definition set forth in §
219-2.
PUBLIC OFFICER
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.
QUALITY-OF-LIFE TICKET
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.
REFUSE
All waste material, including, but not limited to, garbage,
rubbish, incinerator residue, street sweepings and dead animals.
RUBBISH
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.
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.
E. QOL-5. Unauthorized motor vehicles.
(1) It shall be prohibited for any person to park, keep or store any inoperable, unlicensed, or unregistered motor vehicle on any premises outside of a garage of adequate dimensions. §
215-42.
(2) It shall be prohibited for any person to park, keep, or store any motor vehicle in the front or side lawn of a residential unit in sight of the public. §
215-42.
F. QOL-6. Prohibited burn.
(1) Except as permitted by §
142-3, no person shall burn an open fire or cause, suffer, allow or permit the burning of open fire of garbage; refuse; or rubbish. §
142-2.
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.
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.