This chapter shall be known as the "Property Maintenance Law of the Town of Frankfort."
[HISTORY: Adopted by the Town Board of the Town of Frankfort 2-27-2026 by L.L. No. 1-2026. Amendments noted where applicable.]
It is hereby found that there exists in the Town structures which include public and private property which may become substandard with respect to structural integrity, maintenance of exterior premises and grounds, as well as streets, parks, vacant lots, or any area that can be visibly seen by the Public or transverse by a pedestrian, motor vehicle or bike, that constitutes the deposit of rubbish/litter, unsanitary conditions, fire hazard, menace to health, safety, welfare, and reasonable comfort of the citizens and inhabitants of the Town creating an area of blight that can decrease the property value in and around existing neighborhoods.
The purpose of this chapter is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance and condition of the exterior of residential and nonresidential premises; to avoid, prevent and eliminate the maintenance of or creation of hazards to the public health or safety; to avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties; to prevent the creation, continuation, extension or aggravation of blight; to fix certain responsibilities and duties upon owners, operators and occupants of property; and to provide for administration and enforcement of this chapter.
Every residential and nonresidential structure and the premises on which they are situated in the Town used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this chapter, whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or for the installation or repair of equipment or facilities prior to the effective date of this chapter.
In any case where the provisions of this chapter impose a higher standard than that set forth in any law of the Town or under the laws of the State of New York, then the standards as set forth herein shall prevail; but if the provisions of this chapter impose a lower standard than any law of the Town or of the laws of the State of New York, then the higher standard contained in any such other ordinance or law shall prevail.
Nothing in this chapter shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, be defined as follows:
The condition of a structure or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
Except as defined in § 60-10A, the Building Inspector or his/her authorized representative.
Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent properties, including all outside surfaces and appurtenances thereto, and the open space on the premises outside any building or structure erected thereon.
The control and elimination of insects, rodents or other pests by eliminating the harborage places, by removing or making inaccessible materials that may serve as their food by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
Any thing or any act which increases or may cause any increase of the hazard or menace of fire to a greater degree than the customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire or which may obstruct, delay, hazard or hindrance to the prevention, suppression or extinguishment of fire.
Animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Any public or private condition that would constitute a "nuisance" according to the statutes, laws and regulations of the State of New York, any of its agencies or this chapter; any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the health or safety of persons on, near or passing in proximity of the premises where said condition exists.
Any occupant, owner, agent, tenant, lessee, caretaker or other person or corporation in charge of, residing, living or sleeping in or on the premises of or having actual possession or use of a business, dwelling unit or rooming or other premises affected by this chapter.
Any person, persons or entity not the owner, who has charge, care or control of a structure or a part thereof, with or without the knowledge, consent or authority of the 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 owner or agent of the owner, or as 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, sub-lessee or assignee of a lessee shall be deemed to be a co-owner with the lessor for the purposes of this chapter and shall have responsibility over that portion of the premises so sublet, leased or assigned.
A lot, plot or parcel of land, including the buildings, structures and improvements thereon.
To include but not limited to exterior of buildings owned by individuals, firms, corporations, institutions or organizations, yards, driveways, entrance ways, steps, porches, passageways, parking areas, storage areas, and vacant lots.
To include but not limited to streets, sidewalks, steps, lanes, alleys, public right-of-ways, parking lots, vacant lots, parks, playgrounds, municipal owned properties, and waterways.
All combustible and noncombustible waste materials other than garbage; and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and the residue from burning wood, coal, coke or other combustible material and solid commercial and industrial waste. No chemicals such as those used in swimming pools, oil, gasoline or any other chemical which could cause a fire, explosion or obnoxious gas shall be considered "rubbish."
Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder, nor may any such person or entity assert as a defense against any charge made under this chapter that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.
A.
Exterior of premises. The exterior of all premises including open porches (as defined in § 60-7 Definitions/exterior of premises) that are not enclosed and open to public view shall be kept free from accumulation of debris, which includes but are not limited to the following:
(1)
Garbage and rubbish, as defined in this chapter. Garbage containers will be permitted adjacent to the roadway on the night before and on the day hours of pickup only. Only garbage and rubbish resulting from the actual use of the premises may be permitted on the premises. This section shall be enforced by police officers as well as the officers defined in § 60-7.
(2)
Unsafe structures. Structurally unsafe or unsound buildings, structures or fences or abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
(3)
Discarded appliances. Abandoned refrigerators, boilers, hot-water heaters, television sets and other similar major appliances.
(4)
Natural growth. Grass that is six inches or taller on any residential or commercial property, whether occupied or vacant. Dead and dying trees and limbs or other natural growth (vines, weeds, shrubs, trees, flowers, or vegetation) that is rotting or overgrown that have grown in an uncontrolled way which prevents inspection or maintenance of exterior structure or foundation and that could constitute a hazard to persons in the vicinity thereof or causes the property to look unkempt and could be a source for rodents and insects. Trees and shrubs must be kept trimmed and pruned to prevent such conditions.
(5)
Over hangings. Loose and over hanging objects, whether natural or man-made, and accumulations of ice and snow which by reason of location above ground level constitute a threat to the health and safety of people if caused to fall.
(6)
Ground surface hazards. Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, excavations, sharp or jagged projections or obstructions.
(7)
Recurring accumulations of storm water. Stagnant surface or groundwater accumulations which create or are likely to create mosquito or other insect breeding areas.
(8)
Infestation. Rodents, vermin, pest infestations and conditions causing same.
(9)
Nuisances, as defined in this chapter.
(10)
Inoperable vehicles. Includes a vehicle or parts thereof, including, but not limited to an automobile, truck, all-terrain vehicle, boat, trailer, work equipment, motorized or not, regardless of whether the same is licensed or registered, which vehicle or parts thereof are or have been abandoned, or not used for more than six months, or are dismantled, or in a state of visible disrepair. Nothing herein shall be interpreted to prohibit the seasonal storage of a vehicle, boat, trailer, or equipment, provided such seasonal storage does not exceed one year or the vehicle, boat, trailer, or equipment is in operable condition, such that the same can be started and driven or operated for the purpose intended.
B.
Structural soundness. Every structure and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including but not limited to the following:
(1)
Foundation walls. Inadequate or unsafe foundation walls, piers and columns and other similarly unsound, damaged or defective load-bearing components which are incapable of supporting the imposed loads safely at all points.
(2)
Exterior porches, landings, balconies, stairs and fire escapes. Structurally unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs fences supporting members, timbers, abutments, fire escapes, signs and loose, crumbling or falling bricks, stones, mortar or plaster.
(3)
Projecting surfaces. Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.
(4)
Windows, doors, etc. Broken glass or windows, rotten, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other junior exterior component parts of buildings or structures.
(5)
Exterior walls, sidings and roofs. Exterior walls, sidings, gutters and leaders and roofs shall be kept structurally sound, in good repair and free from defects.
(6)
Exterior chimneys. Exterior chimneys shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed.
C.
Steps, walks, driveways and parking lots. Steps, walks, driveways, parking lots, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, or necessary repairs or replacement shall be performed promptly as well as the removal of all litter as described in § 60-7 definitions.
A.
Enforcement officer/Property Maintenance Officer. It shall be the duty and responsibility of the Building Inspector of the Town to enforce the provisions of this chapter as herein provided. "Building Inspector" throughout this chapter shall also mean subordinates of the Building Inspector and all enforcement officers/property maintenance officers defined in § 60-7.
B.
Police Department. Police officers are empowered to enforce any regulations of which violations may be observed in the normal course of patrol duty such as:
C.
Fire Department. Firefighters/first responders will have the authority to issue a warning and reported to codes department for enforcement and fines, for any property they enter or observe that would constitute an existing or potential fire hazard.
D.
Public Works/Street Department. Any violations of the property maintenance/litter laws that is observed by an employee should be reported to codes department for enforcement and fines. Public works can be used to clean both public and private property that is in violation of the property maintenance/litter law that has failed to comply with the time specifications for remediation of the violation at a cost of employee time and charge for any equipment used to rectify the violation.
E.
Coordination of enforcement. Inspection of premises and the issuing of orders in connection therewith under the provisions of this chapter shall be the exclusive responsibility of the Codes Enforcement Officer of the Town. Wherever in the opinion of the Building Inspector it is necessary or desirable to have inspections of any condition of any other department, he/she shall arrange for this to be done. No order for correction of any violation under this chapter shall be issued without the approval of the Building Inspector, and it shall be the responsibility of that official before issuing any such order to determine that it has the concurrence of any other department or official of the government concerned with any matter involved on the case in question.
F.
Inspections. The enforcement officer/property maintenance officer is authorized to enter upon any land at any reasonable time for the purpose of performing his/her duty under this chapter.
G.
Enforcement procedure.
(1)
Whenever an enforcement officer/property maintenance officer determines that there is or has been a violation of any provision of the property maintenance law, he/she shall give notice to the person, persons, or entities responsible under the appropriate section sited in the property maintenance law.
(2)
Such notice shall consist of a code violation door hanger placed on the property in violation with the applicable violation checked and the fine for the offense noted. The notice shall direct the responsible party to rectify the offence within five calendar days or call the codes department with any questions pertaining to the notification.
(3)
The exception to the five-day time frame is for remediation of garbage/rubbish that is as defined in § 60-7 of the property maintenance law. Garbage/rubbish shall be removed within 24 hours of notification. It will be responsibility of the owner, tenant, or landlord to correct this violation.
(4)
There must be a good effort to correct this within the twenty-four-hour time period to avoid the issuance of a fine or appearance ticket.
(5)
The codes officer will make every attempt to speak to the responsible party to notify them of the violation if they have an available updated telephone number or the responsible party is at the residence at the time of the violation notification.
(6)
If the violation has not been rectified within the allotted time, a second violation notice may be issued allowing for an additional five days (24 hours for garbage/rubbish) for remediation of violation, however daily fines, as set forth in § 60-11, Violations and penalties, will commence unless the owner or entity in violation contacts the Codes Department to provide just cause why the violation cannot be remediated within the allowed time.
(7)
The fines shown (§ 60-11) are for first offense. For a second offense within 18 months the fines will double, for the third offense fines will triple, and for a fourth offense within 18 months fines will quadruple.
(8)
The enforcement officer/property maintenance officer may extend the period for compliance requirements, not to exceed 30 days, to rectify the violation in time frame allowed if just cause for abatement, remediation or removal can be shown. In the event the violation is not remediated within the extended period of time, the codes department will immediately issue a summons.
(9)
If the violation is for the accumulation of garbage or rubbish that is not rectified within 24 hours of issuance of the violation and the owner or entity has no reasonable defense as to the lack of compliance, daily fines can be imposed as well as the Town utilizing the DPW or private contractor to remove cause of the violation at the owner's expense. Cost for removal will be directly billed to the owner and if not paid applied to the owner's or responsible party's property taxes.
(10)
A code violation door hanger is used for persons who are not at home at the time the code enforcer stops to inspect the complaint and shall constitute notification.
(11)
If violation is not remediated within the allotted time frame for remediation of the offense a four-part code and ordinance violation ticket shall be issued. First copy would be given to the occupant of the property in question (tenant or owner), second copy would go to owner or entity responsible for maintenance of the property by mailing the ticket via certified mail, return receipt requested to the last known address on file for the owner or entity responsible for the property in violation. The third and fourth copy would be held by the codes department to be sent to the court and Town attorney if violation is not abated or cured. The ticket shall include a date for appearance in court and the violation will be considered a misdemeanor crime at the time.
(12)
For this chapter, persons or persons shall constitute tenant or landlord or owner of the property in violation. Entity shall be any bank, managing firm, organization, agency that has interests in the property in violation of the property maintenance law.
H.
Emergency conditions.
(1)
Whenever the enforcement officer/property maintenance 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/she may issue an order by service of notice as set forth in Subsection G above, reciting the existence of such emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency.
(2)
Notwithstanding any other provision of this chapter to the contrary, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon objection, in writing, to the enforcement officer/property maintenance officer, any such person shall be afforded a hearing before the governing body of the Town as soon as is reasonably possible. After such hearing and decision by the governing body as to the existence or nonexistence of the emergency condition, the governing body may continue such order in effect, or modify or withdraw it, subject to the issuance of a summons for violation thereof if such order is continued.
A.
When a violation has been determined by the enforcement officer/property maintenance officer and the proper notification has been given as explained in § 60-10D, a fine shall be issued as stated in this chapter.
(1)
Unregistered or abandoned vehicle(s), tractors, trailers, boats, recreational vehicles, or motorized equipment that is in disrepair, unregistered, and is causing said property to be unsightly. A $25 fine per vehicle/equipment per day shall be imposed after the five-day grace period has ended to rectify the violation. Unless owner can justify the said abandoned property as being useful or can insure the enforcement officer of a timely remediation of the violation.
(2)
High grass or weeds that are not cleared after the five-day notice to rectify the violation shall have a fine of $20 imposed on the property owner. Within a period of 18 months, fines for a second offense will be $40, third offence $60, and fourth offence $80. Each violation will be considered a separate offence. After the fourth offence a court summons will be issued. If violation is not rectified within a ten-day period, said property will be cleared by the Town of Frankfort at a predetermined rate for manpower and time as well as an administration fee of $30.
(3)
Dead or dying trees or limbs that constitute a danger to other property shall have a $25 fine imposed after five-day period to rectify violation or owner can show proof that condition will be rectified within a timely manner. If violation is ignored a fine of $50 shall be imposed and shall be imposed each week until the violation has been remediated.
(4)
Discarded appliances/rubbish, since this constitutes a blight a fine of $25 will be issued if the violation was not removed within the five-day grace period unless property owner can show that the violation is being remediated in a timely manner. Ignoring code violation will result in an additional fine of $20 per day for each day the violation remains.
(5)
Trash or garbage placed in an improper container or bag repeatedly or not properly disposed of shall have a $15 fine imposed on the owner or tenant of the garbage. This fine will also be imposed on any trash, garbage, or receptacle that is placed out early two days before scheduled pick up or left two days after scheduled pickup.
(6)
All other violations of the property maintenance law of the Town of Frankfort local laws and 2020 ICC codes adopted by the Town not specifically mentioned above will have a minimal fine of $25 not to exceed $50 for a first offense, a minimal fine of $100 not to exceed $200 for a second offense, and a minimal fine of $300 not to exceed $500 for a third offence.
(7)
If repeated offenders who do not comply with the property maintenance law and whose property constitutes a nuisance or hazard shall have the said violation cleared and all cost associated with the disposal of shall be levied against said property.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of this chapter, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
This chapter shall take effect immediately upon filing in the office of the Secretary of State as required by law.