[HISTORY: Adopted by the Board of Trustees
of the Village of Newark 7-19-1997 by L.L. No. 6-1997; amended in its entirety 10-18-2022 by L.L. No.
4-2022. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Property
Maintenance Law of the Village of Newark."
It is the purpose of this chapter to promote the public health,
safety and general welfare and to maintain property within the Village
of Newark in a safe, healthy and aesthetically pleasing manner.
The following words, phrases and terms shall have the following
meanings:
As applied to any building other than residential building,
shall mean any building or structure which is not legally occupied
or has been wholly vacant for 60 consecutive days, and shows visible
signs of substantial physical distress, including, but not limited
to, boarded-up or broken windows or doors, fire damage, collapsed
roofs, exposure to the elements, susceptibility to unauthorized entry,
disconnected utilities, the accumulation of trash, junk, and/or debris,
or that appears to pose a risk to public safety, as determined by
the Code Enforcement Officer or designee. "Abandoned" does not include
a building that is unoccupied while undergoing renovations for which
a valid building permit exists, or while undergoing repairs due to
fire or other casualty or that is temporarily vacant due to seasonal
absences or loss of a commercial tenant.
As applied to residential buildings, means a building or
structure which is not being used or occupied as intended and shows
visible signs of substantial physical distress, including, but not
limited to, boarded-up or broken windows or doors, fire damage, collapsed
roofs, exposure to the elements, susceptibility to unauthorized entry,
disconnected utilities, the accumulation of trash, junk, and/or debris,
or that appears to pose a risk to public safety, as determined by
the Code Enforcement Officer or designee. "Abandoned" does not include
a building that is unoccupied while undergoing renovations for which
a valid building permit exists, or while undergoing repairs due to
fire or other casualty or that is temporarily vacant due to seasonal
absences.
The official who is charged with the administration and enforcement
of this Code, or any duly authorized representative.
Motor vehicles, truck bodies, tractors, trailers, recreational
vehicles, farm or utility tractors, or watercraft in such state of
physical or mechanical disrepair or ruin as to be incapable of propulsion
or of being operated upon the public streets or highways or on the
water, as the case may be, or those not usable or unsightly due to
lack of maintenance.
A container designed to receive, transport or dump waste.
A property, placed as security for a real estate loan, as
to which all rights of the mortgagor or his/her grantee in the property
have been terminated as a result of a default on the loan.
Worn out or discarded material of little or no value, including
but not limited to household appliances or parts thereof, tools, discarded
building materials, discarded furniture, discarded or broken toys,
signs which no longer advertise an existing business conducted or
product sold on the premises, used tires or any other unsightly debris,
the accumulation of which has an adverse effect upon neighborhood
or village property values, health, safety or general welfare. "Junk"
shall also include refuse, trash and rubbish.
Occupied in accordance with the provisions of the New York
State Building Code.
The creditor, including but not limited to service companies,
lenders in a mortgage agreement, or any successor in interest of the
mortgagee's rights, interests or obligations under the mortgage
agreement.
As defined by the New York State Department of Motor Vehicles,
an abandoned vehicle is a motor vehicle that has been left unattended
on the property of another for more than 96 hours, if it was left
without permission of the owner.
As defined in § 125 of the New York State Vehicle
and Traffic Law; unlicensed motor vehicles, truck bodies, tractors
or trailers; motor vehicles, and truck bodies, tractors or trailers
which do not bear lawful current license plates or safety inspection
certificate.
A statement in writing above the signature of the Code Enforcement
Officer or designee, setting forth the name and address of the person/owner,
mortgagee, mortgagor, occupant, or tenant to be served, the date,
time and location of the violation, a description of the violation,
the date by which the violation must be cured, notice of a right to
a hearing, the penalties which may accrue and the right of the Code
Enforcement Officer or designee to correct the violation if not corrected
in a timely manner.
Grass, brush, or weeds of a nature that are a fire or health
hazard or are in excess of six inches in height. This shall also include
any plants or vegetation in excess of six inches in height in the
area between the sidewalk and curb of any property or in the right-of-way
of the street.
Any person, firm, partnership, association, corporation,
company or organization of any kind. "Persons" shall also include
the occupant of the parcel of land.
A container that is a transportable enclosure rented for
use as temporary, on-site storage. Portable storage containers are
also commonly referred to using the trade-name "PODS®."
See "trailer, camp or travel."
Combustible and noncombustible waste materials that include
discarded, abandoned or inoperable appliances, inoperable vehicles,
ruined furniture, discarded unusable building material, uninhabitable
mobile homes, unsightly boats, trailers, recreational vehicles, farm
or utility tractors, that have come into disrepair due to lack of
maintenance, discarded household items and similar material that is
inoperable, ruined or discarded.
A vehicle designed exclusively for the transportation of
one boat or the hauling of cargo.
A vehicle or portable structure equipped, but not regularly
used for sleeping, but which may or may not have sanitary facilities;
a recreational vehicle.
A tractor of low to moderate horsepower used in construction
to pull auxiliary equipment and for other site preparation work, also
referred to as a compact or subcompact tractor.
A.
Restricted. Except as otherwise provided for in statute, no more
than one unlicensed, inoperable, junked or wrecked motor vehicle,
truck body, tractor body, tractor or trailer or watercraft shall be
kept or stored on any public or private property within the Village
for a period exceeding 72 hours. No person shall accumulate, store,
or allow any unregistered motor vehicle, truck body, tractor or trailer
or watercraft in the open upon any public or private property within
the Village for a period exceeding 72 hours.
B.
The presence of an abandoned or nonoperational vehicle or parts thereof
on private or public property is hereby declared a public nuisance,
which may be abated as such in accordance with the provisions of this
chapter and those provisions of the General Laws of the State of New
York relative to abandoned motor vehicles.
C.
Exceptions. Any business lawfully engaged in automotive sales or
repair may retain no more than three disassembled, inoperable, junked
or wrecked vehicles in the open, whether covered or uncovered, for
a period not to exceed 30 days, after which such vehicles shall be
removed. This section shall not apply to properly zoned, permitted
and licensed junkyards established pursuant to § 136 of
the General Municipal Law.
D.
Any singly permitted vehicle, truck body, tractor body, tractor or
trailer or watercraft must be covered by a fitted car or watercraft
cover. The use of cloth or plastic tarps is strictly prohibited.
E.
There shall be no accumulation of more than one farm or utility tractor
in the open upon private property within the Village for a period
exceeding 72 hours.
F.
In any residential district, vans and trucks of more than one-ton
carrying capacity and cars used for drag or stock-car racing must
be stored in an enclosed garage and shall not be parked in the front,
side or rear yards.
G.
No more than two commercial trucks/trailers shall be parked on a
residentially zoned property at any time.
H.
In the R-1 Residential District, only one recreational vehicle may
be parked outside on the same lot at any one time.
A.
No person shall maintain, plant, or permit to remain on any private
property any noxious weeds or growth or permit junk to accumulate
thereon.
B.
All premises and immediate exterior property shall be maintained
free from noxious weeds or growth. No owner, occupant or person having
control of any lot or land in the Village shall maintain, plant or
permit any noxious weeds.
C.
The area between the property line and the curb, or for 10 feet outside
the property line if there is no curb, shall be maintained to ensure
that no growth of weeds, grass or flowers shall exceed six inches
on average or to allow any accumulation of dead weeds, grass or brush.
D.
If an area is established as a flower garden, garden, or natural
area of wildflowers, the area must be clearly defined by the utilization
of fencing, mulching or other form of delineation and shall be located
not closer than 10 feet of any public roadway, street, or right-of-way.
E.
It is prohibited to allow hedges, shrubs or trees to encroach onto
public sidewalks and lines of sight of public roadways.
F.
No person shall cause the accumulation of any noxious weeds or growth,
including raked leaves and lawn clippings, to be deposited in whole
or in part on any public roadway.
G.
Garbage, refuse, and recycling. Every occupant of a dwelling unit
shall see to the proper and sanitary disposal of garbage and refuse
into covered receptacles. Rubbish toters and recycling containers
are to be set out for pick up no earlier than the evening before the
day designated for occupants' rubbish removal and they are to
be removed from the curb within 24 hours.
H.
All items left on the exterior of the property after an eviction
shall be the responsibility of the owner of the property to legally
dispose of within 72 hours of the legal eviction. In the event, due
to extenuating circumstances, the seventy-two-hour time frame cannot
be complied with, the owner of the property shall contact the Code
Enforcement Officer immediately to seek approval for an extension
of the seventy-two-hour time limit.
Persons seeking to store a portable storage container or dumpster
(excluding toters) on their property shall apply for a portable storage
container/dumpster permit. Such permit shall allow a portable storage
container or dumpster to be parked, placed, or stored within the Village
for up to 30 days and shall include the portable storage container
or dumpster's serial/rental number, the name and address of lot
owner/occupant, date of its placement on the lot, date that removal
is required, and local telephone number of the provider of the portable
storage container or dumpster. This permit shall not be required for
dumpsters picked up on a weekly or biweekly basis by a garbage service.
A.
A portable storage container or dumpster may be parked, placed, or
stored on a residential lot abutting the right-of-way for more than
30 days if the residence is under construction or reconstruction pursuant
to a valid building permit. The portable storage container or dumpster
shall be removed no later than 10 days after the expiration of the
building permit or substantial cessation of construction for a period
of more than 30 days, whichever is sooner.
B.
Notwithstanding anything above, the permit period may be extended
by the Village Code Enforcement Officer for additional periods of
up to 30 days upon request with good cause shown.
C.
There shall be no fee for the permit; however, the Village Code Enforcement
Officer is authorized to pass through all Village costs to any person
and/or lot owner who causes the Village to incur costs for inspections,
clean up, removal or to otherwise remedy violations of this section.
D.
No portable storage container or dumpster may be parked, placed,
or stored on the paved surface of any public or private street of
the Village or wholly within the public rights-of-way of the Village;
provided, however, that a portable storage container or dumpster parked,
placed, or stored on a residential driveway may encroach into the
right-of-way slightly provided that it does not limit the sight distance
for motorists or pedestrians, block a public sidewalk, or otherwise
harm the health, safety and welfare of the neighborhood.
E.
The permit for portable storage containers or dumpsters shall be
displayed at all times on the inside of a window or door of the residence,
and be visible from the right-of-way.
F.
In addition to the requirements above, all portable storage containers
on residential lots must also meet the following requirements:
(1)
The portable storage container shall not be used for living quarters;
(2)
The portable storage container shall not be used to store flammables,
explosives, firearms, or noxious chemicals;
(3)
No items, equipment, or materials may be stored outside the portable
storage container at any time;
(4)
The portable storage container shall not be externally illuminated
or have any utilities connected to it; and
(5)
The portable storage container shall not be used as a dumpster.
G.
In addition to the requirements above, all dumpsters on residential
lots must also meet the following requirements:
(1)
No waste shall be kept, stored, or accumulated outside a dumpster;
(2)
Dumpsters must be well maintained and in good working condition and
shall be kept free from standing water, vermin and insects, or other
nuisances;
(3)
Dumpsters shall be of sufficient size to contain the accumulations
between collections;
(4)
All dumpsters or containers must be emptied with sufficient frequency
and in such a manner as to prevent the creation of objectionable conditions.
(5)
Dumpsters must be covered when materials inside are easily airborne,
pose a hazard, emit an odor, or are otherwise offensive.
H.
Portable storage containers or dumpsters kept in violation of this permit shall be subject to permit revocation in addition to being a violation punishable pursuant to § 113-9 of the Village of Newark Code. The Village's costs of enforcement of this section and/or the cost of bringing the premises or condition of residential property into compliance, including the Village's administrative costs of inspections and attorneys' fees, shall be a joint and several obligation of all liable persons.
Complaints concerning any violation of this chapter shall be
made to the Code Enforcement Officer or any duly authorized representative
for the Village of Newark, who shall immediately cause an investigation
to be made with respect thereto and the written report of such investigation
filed with the Code Enforcement Office.
If, after such investigation, it appears that there is a reasonable
basis to believe that any of the provisions of this chapter have been
violated, the Code Enforcement Officer shall immediately cause a notice,
in writing, to be served upon the owner or occupant of the property.
The owner, occupant or any person having control over any lot, land
or property found in violation of said code shall be notified in writing
only once in any given year for a particular violation. Subsequent
violations of a similar nature at the same location during the same
year shall be corrected by the Village or its agent without notice
to the owner, occupant or person having control of said property.
After initial notification, such owner, occupant or person having
control of said property will be presumed to have been given sufficient
notice of infraction for the entire season. Such notice shall set
forth the nature of the complaint and shall direct the owner or occupant
to remove said noxious weeds and growth, junk, refuse, motor vehicles,
farm or utility tractors, watercraft, portable storage container or
dumpster. The notice required under this chapter shall be served upon
the owner or his or her executor, legal representative, agent, lessee
or any other person having a vested or contingent interest in such
premises as shown by the records of the Town Assessor or of the Wayne
County Clerk. Service shall be made either personally or, if not by
personal service, sent by mail addressed to the owner at the address
of record. If the letter is returned, a copy shall be posted in a
conspicuous place in or about the structure affected by such notice.
Service of such notice in the foregoing manner upon the owner's
agent or upon the person responsible for the structure shall constitute
service of notice upon the owner. Issuance of a summons by a Code
Enforcement Officer or a member of the Newark Police Department having
jurisdiction will also constitute service of notice. The notice shall
also set forth the consequences and effect of failure to comply with
the said notice, which may include monetary fines or liens placed
on personal property.
A.
In the event of the refusal or neglect of the person so notified to comply with said notice or order of the Village Board in the event the aggrieved party requests a hearing pursuant to § 113-10, the Village Board shall provide for the removal of the junk, refuse, motor vehicle, farm or utility tractor, watercraft or noxious weeds and growth, portable storage container, or dumpster, as the case may be, either by Village employees or by contract, and the total cost thereof, including an administrative fee of $75, shall be billed to the owner and, if not paid within 30 days, will be assessed upon the real property upon which the motor vehicle, junk, watercraft, or noxious weeds and growth are found, and shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of real property taxes.
B.
A second violation for the same or subsequent offense within a calendar
year will result in an admin fee of $75 and a civil penalty of $100
being billed to the property owner and levied upon the property owner's
Village tax and collected as provided by law if not timely paid.
Any person feeling aggrieved by any such action or notice may,
within 72 hours after the receipt of such notice, demand the matter
be inquired into by the Village Board. Such demand must be in writing,
signed by the person seeking such inquiry, and filed with the Village
Clerk. Within a reasonable time, the Village Board shall schedule
a date, time and place for a hearing before the Village Board in which
the aggrieved person may address the Village Board.
