[HISTORY: Adopted by the Town Board of the
Town of Carmel 12-11-1985. Amendments
noted where applicable.]
This chapter shall be known as the "Property
Maintenance Code of the Town of Carmel" and may be referred to herein
as "this chapter" or as "this ordinance."
The purposes of this chapter shall be to:
A.
Provide for the public health, safety and welfare.
B.
Avoid, prevent and eliminate the maintenance or creation
of hazards to the public health or safety.
C.
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.
D.
Prevent the creation, continuation, extension or aggravation
of blight.
E.
Preserve property values in the Town.
F.
Prevent the physical deterioration or progressive
downgrading of the quality of buildings in the Town.
G.
Maintain the value and economic health of the commercial
properties and businesses that serve and help to support the Town
and its citizens.
H.
Establish minimum standards governing the maintenance
and condition of land, buildings, structures and premises in the Town.
For the purposes of this chapter, the following
terms shall be defined as follows:
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto; and the open land
space of any premises outside of any building or structure erected
thereon.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New York, its governmental agencies or the ordinances of
the Town.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of the premises where such condition
exists.
Any person having actual possession, use or occupancy of
a dwelling premises or rooming unit, or any person or entity in possession
of or using any premises or part thereof, whether or not the owner
thereof and regardless of the duration of time of such possession,
use or occupancy.
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises, 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 or structure
or part thereof, as owner or agent of the owner, or as a fiduciary,
trustee receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building or structures thereon.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, mineral matter, plastic,
rubber, leather, furniture, household goods, appliances, bedding,
scrap lumber, scrap metal, construction material, inoperable machinery
or parts thereof, garden or farming implements and supplies, dead
or rotting vegetation, tires, abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste.
Every residential and nonresidential building
or structure and the premises or part of the premises on which it
is situated, including vacant lots, shall be in compliance with the
provisions of this chapter.
In any case where the provisions of this chapter
impose a higher or stricter standard than set forth in any other ordinance,
law or regulation of the Town, or under the laws or regulations of
the State of New York or any of its agencies, then the standards as
set forth herein shall prevail, but if the provisions as set forth
herein shall prevail, but if the provisions of this chapter impose
a lower or lesser standard than any other ordinance, law or regulation
of the Town or of the laws and regulations of the State of New York
or any of its agencies, then the higher standard contained in any
such other ordinance, law or regulation shall prevail.
Compliance with this chapter shall not constitute
a defense against any violation of any other ordinance or law of the
Town applicable to any structure or premises, nor shall any one act
of compliance constitute a defense against any subsequent or other
violation of this chapter.
[Amended 9-9-2015 by L.L.
No. 3-2015]
A.
The duties, responsibilities and obligations prescribed within this
chapter shall be applicable and enforceable against any person who
may create, cause, maintain or cause to, permit to, continue or to
fail to abate, correct or remove any condition(s) prohibited under
this chapter. For the purposes of this chapter, any person shall be
deemed to include the owner; occupant; tenant; contractor; mortgagee
or vendee in possession; mortgagee when the subject property has deteriorated
in contravention to the provisions of this chapter; mortgagee which
has commenced the foreclosure process; assignee of rents; receiver;
executor, trustee; or any other person, firm or corporation directly
or indirectly in control of any subject property pursuant to this
chapter.
B.
Owners of property shall be responsible for compliance with the provisions
of this chapter and shall remain responsible therefor regardless of
the fact that this chapter may also place responsibilities on occupants,
tenants, contractors, mortgagees and others, regardless of any agreements
between owners, occupants, tenants, contractors, mortgagees or others
as to which party may assume such responsibility.
C.
Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the Town of Carmel
as executor, administrator, trustee, guardian or agent, such person
shall be deemed and taken to be the owner or owners of said property
within the true intent and meaning of this chapter and shall be bound
to comply with the provisions of this chapter to the same extent of
the record owner.
D.
The mortgagee shall immediately notify the Town of Carmel in writing
of its notice to the owners of failure to maintain the property in
accordance with the provisions of this chapter. Upon the commencement
of foreclosure proceedings, the mortgagee shall also immediately notify
the Town of Carmel in writing of such action.
Any alterations to buildings, structures or
appurtenances thereto which may be caused directly or indirectly by
the enforcement of this chapter shall be done in accordance with all
applicable sections of the Town of Carmel Building Code[1] and the New York State Uniform Fire Prevention and Building
Code.
Nothing contained in this chapter or any requirement
of compliance herewith shall be deemed to alter, impair or affect
the application of the Zoning Ordinance of the Town of Carmel.[1]
Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the Town of Carmel 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.
In furtherance of the purposes of this chapter,
it shall be the duty and responsibility of the owner, operator or
occupant of premises to comply with all of the requirements and standards
of this chapter, to keep the premises free of conditions which constitute
violations hereof and to promptly remove, prevent or abate such conditions.
A.
The exterior of all premises shall be kept free of
the following matter, materials or conditions:
(1)
Refuse or rubbish as hereinbefore defined.
(2)
Nuisances, as hereinbefore defined.
(3)
Dangerous loose and overhanging objects, including
but not limited to dead trees or tree limbs, accumulations of ice
or any object, natural or man-made, which would threaten the health
and safety of persons if caused to fall, or other similar dangerously
loose and overhanging objects which, by reason of their location above
ground level, constitute an actual hazard to persons or vehicles in
the vicinity thereof.
(4)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotted or unsafe exterior portion of buildings or
structures, including but not limited to porches, landings, balconies,
stairways, handrails, steps, walls, overhangs, roofs, fences, retaining
walls, supporting members, timbers, abutments, fire escapes and signs
and loose, crumbling or falling bricks, stones, mortar or plaster.
(5)
Wood or similar material boarded to the exterior of
buildings or structures which is used in place of glass or doors and
is dissimilar in color to the exterior of the building or structure.
B.
Without limitation by the foregoing, it shall also
be the duty and responsibility of owners, occupants or operators to
keep the exterior of all premises structurally sound, in good general
repair and sufficiently maintained, to an extent so as to prevent
and avoid conditions that violate the purposes of this chapter.
[Amended 1-17-2007 by L.L. No. 1-2007]
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 3 of the Code of the Town of Carmel or the laws of the State of New York.
A.
A notice of violation issued by the Building Inspector
relative to a premises shall be served either personally upon the
person or entity or by mailing the same to the person or entity by
certified mail at his last known address.
B.
A notice of violation shall state that unless, within
10 days from service of the notice, a written request is made for
a hearing before the Building Inspector, such notice shall, at the
expiration of such ten-day period, be deemed an order to cease and
desist from and to abate the described violation; such notice shall
prescribe a reasonable time within which such person shall be required
to cease and desist from and abate such violation. The notice may
also contain an outline of remedial action which, if taken, will effect
compliance with this chapter.
C.
If a hearing is requested, it shall be commenced not
later than 10 days after the request is made, provided that for good
cause the Building Inspector may postpone such hearing for a reasonable
time. If, after the hearing, the Building Inspector finds that no
violation exists or that such unusual, extraordinary or undue hardship
shall occur in order to effectuate compliance with this chapter, he
shall withdraw the notice. If he finds that a violation does exist,
he shall forthwith issue an order requiring the abatement of the same
within a prescribed reasonable time. The proceedings at such hearing,
which shall be informal in all respects, shall be summarized in a
report reduced to writing and entered as a matter of public record
in the office of the Building Department.
D.
Any party aggrieved by the decision of the Building
Inspector may, within five days of said decision, appeal the same
to the Zoning Board of Appeals of the Town of Carmel by filing the
appropriate form.
[Amended 9-9-2015 by L.L.
No. 3-2015]
A.
Upon the failure, neglect or refusal of any owner, occupant, tenant,
contractor, mortgagee, etc., to properly comply with the provisions
of this chapter within the time period prescribed in any order of
the Building Inspector, or upon authorization from the Town Board
of the Town of Carmel, the Building Inspector is hereby authorized
and empowered to correct or cause to be corrected such violation(s).
B.
Where the Town of Carmel has effected the correction of such violation(s)
and/or has paid for the correction and/or removal of such violation(s),
the actual cost thereof, including all costs incurred by the Town
of Carmel and its Building Inspector in the enforcement of this chapter,
and procurement of all such contractor services to effect such correction
or compliance, plus the accrued legal rate of interest per annum from
the date of the completion of the work, if not paid for by such owner,
occupant, tenant, contractor, mortgagee, etc., prior thereto, shall
be charged by the Town of Carmel and shall become due and payable
by said owner, occupant, tenant, contractor, mortgagee, etc.
C.
When the full amount due the Town of Carmel is not paid by such owner, occupant, tenant, contractor, mortgagee, etc., within 20 days after the correction of such violations as set forth in Subsections A and B above, then the Building Inspector shall cause to be filed in the office of the Town Clerk a sworn statement showing the costs and expenses incurred as set forth in Subsection B, the dates of all work performed and the location of the subject property by section, block and lot number, together with the name of the responsible owner, occupant, tenant, contractor and mortgagee, etc. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus legal fees incurred until such final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date of the tax bill upon which such charge appears delinquent. Sworn statements filed in accordance with the provisions of this chapter shall be prima facie evidence that all legal formalities have been complied with and any work has been properly performed and shall be full notice to every party concerned that the amount set forth therein, plus interest, constitutes a charge against the property designated and described therein and that same is due and collectible as provided by law.
A.
Any person or entity who shall violate any of the
provisions of this chapter or any order or decision promulgated hereunder
shall be guilty of a violation and shall be punished as follows:
B.
Each violation of any provision of this chapter and
each week that each such violation shall continue shall be deemed
to be a separate and distinct offense.
C.
In addition to the above provided penalties and punishment,
the Town may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
any violation of this chapter.
