[Adopted 2-3-1997 by L.L. No. 2-1997]
This article shall be cited and may be referred
to as the "Property Maintenance Law of the Village of Airmont."
The Village Board of the Village of Airmont
hereby determines it is necessary for the health, safety, appearance
and general welfare of the residents of the Village of Airmont to
provide a method whereby vacant lots, improved properties and public
lands within the Village of Airmont are kept clean, properly maintained
and kept free from vermin, nuisances, hazards, debris and litter.
For the purpose of this article, terms used
herein are defined as follows:
An enclosed area or otherwise covered container for the temporary
collection and storage of a nuisance, hazard, debris and litter as
defined herein.
Any waste material including but not limited to garbage or
other putrescrible substance, refuse, rubbish, inoperable vehicles
and parts, discarded furniture, appliances, water heaters, bottles,
cans, building or construction materials or supplies when stored outside
on a site where no active construction is taking place or discarded
or strewn papers or material or other junk substances, tree stumps,
tree trunks, branches or limbs that have fallen or been cut down,
or any other matter attractive to vermin, likely to breed disease,
present a fire hazard, create offensive odors or otherwise be prejudicial
to good health or being so unsightly of appearances as to be offensive
to surroundings.
A car, truck, camper, van, boat, boat trailer, commercial
trailer, motorcycle, go-cart or any other motorized or nonmotorized
object which has as its main purpose the storage or movement of people
or animals.
B.
The owner or person in control of any private property
shall, at all times, maintain the premises free of litter; provided,
however, that this section shall not prohibit the storage of litter
in private receptacles for collection.[1]
C.
The owner, tenant or occupant of property being used
for residential or commercial purposes located within the Village
of Airmont is hereby required to maintain at all times one or more
dumpsters, containers or enclosures of adequate size to temporarily
store all nuisance, hazard, debris and litter until removed. The failure
to comply with this subsection shall be deemed an offense.
All owners, occupants or tenants of any privately
owned property within the Village of Airmont shall maintain grass
or other ground cover, trees and shrubbery in a safe and attractive
condition, free of noxious weeds and otherwise free of nuisance, hazard,
debris, litter and unsightly materials. For the purposes of this provision,
all grass or other ground cover shall be kept trimmed to a height
of no greater than 10 inches. The dead or diseased trees or any portion
thereof which present any hazard to life or property all be removed.
Trees, tree branches or shrubs that have been cut or that have fallen
shall also be removed. No owner, tenant, or occupant shall blow leaves
or other debris onto adjacent property or property lines. The failure
to maintain property as required by this section shall be deemed an
offense.
The owner tenant or occupant of any property located within the Village of Airmont shall not park, permit or allow the exterior parking or storage of any registered and unregistered vehicle or vehicles in any manner which would violate Chapter 210, Zoning, of the Code of the Village of Airmont.[1] The failure of any owner, occupant or tenant to comply with the requirements of Chapter 210, Zoning, of the Code of the Village of Airmont shall be deemed an offense under this section.
All gas stations, service stations, auto repair
shops and stores engaged in the sale of auto parts and/or the repair
of motor vehicles shall construct a durable container, shed or solidly
fenced-in area for the storage of all miscellaneous motor vehicle
parts, such as tires, mufflers, batteries, etc., such list not being
all-inclusive. No storage outside these areas shall be permitted.
The container and its location must be approved by the Building Inspector
or his representative and be at least six feet in height and its contents
not visible from the street.
A.
Any owner, tenant or occupant of any property in violation of this article located within the Village of Airmont shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or Assistant, Building Inspector or subordinate with code enforcement authority within five days of the service of written notice as provided in Subsection C below.
B.
Any person responsible for the creation of an offense under this article affecting a public street or other public property within the Village of Airmont shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or Assistant, Building Inspector or subordinate with code enforcement authority within five days of the service of written notice as provided in Subsection C below.
C.
All written notices under this section shall be served
on the owner, tenant or occupant of any property located within the
Village of Airmont by posting a copy of such violation notice upon
the front portion of the property or upon the main structure and by
mailing a copy of such notice by ordinary mail to the owner of the
property as shown on the latest assessment rolls of the Village. In
the case of any person responsible for the creation of an offense
existing upon a public street or public property, notice may be personally
served on such person or mailed by ordinary mail to such person at
such person's last known address.
D.
The Building Inspector and his subordinates with code enforcement authority shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties other than public property, and such officer shall provide written notice of noncompliance to the owner, tenant or occupant as provided in Subsection C, which shall require the removal within five days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure.
E.
Notwithstanding any other requirement contained herein,
the Building Inspector, Code Enforcement Officer or any other person
authorized to issue any notice or appearance ticket(s) for a violation
of this section shall not be required to first give a written violation
notice prior to the issuance of an appearance ticket if the person(s)
to whom such appearance ticket would otherwise be given has been issued
one or more violation notices relating to previous violation of this
article within 12 months of the date any written notice would otherwise
be required.
[Added 10-23-2006 by L.L. No. 9-2006]
A.
Any person failing to comply with a lawful order pursuant
to this article or committing an offense against any provisions of
this article shall be guilty of a violation punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days
for a first offense, or by both fine and imprisonment, and upon conviction
for a second and any further subsequent offense committed within any
twelve-month period after a first offense has been committed, shall
be guilty of a misdemeanor subject to a fine not exceeding $1,000
or imprisonment for up to one year, or by both such fine and imprisonment.
[Amended 5-24-2004 by L.L. No. 1-2004]
B.
The continuation of an offense against the provisions
of this article shall constitute, for each week the offense is continued,
a separate and distinct offense hereunder.
A.
Upon the failure of an owner, tenant or occupant to
comply with a notice to correct a condition complained of, the Village
Board may hold a public hearing. The public hearing shall be held
upon notice posted conspicuously on the affected property and forwarded
to the last known address of the property owner, as it appears on
the current tax records of the Village by certified mail, return receipt.
Posting and service of such notice shall be not less than 15 days
prior to the date of such hearing.
B.
The Village Board, after a public hearing as provided in Subsection A, may cause any nuisance, hazard or litter as defined in this article or any vehicle parked or stored in violation of this article to be removed from any property within the Village of Airmont upon the failure of such owner, tenant or occupant to comply with any order of the Village Board. Said removal may be performed by the Department of Public Works or other designee, including a private contractor. The Village Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
C.
The removal of any nuisance, hazard or litter by the
Village of Airmont or its agents shall not operate to excuse such
owner, tenant or occupant from properly maintaining any premises as
required by this article, and such owner, tenant or occupant shall,
notwithstanding such action, be subject to any other penalties provided
for herein.
D.
In the event the owner, his agent, servant or employee, tenant, occupant or other person in control of a property fails to maintain said property within one year after the Village Board of Trustees conducts a public hearing pursuant to the provisions of Subsection B herein and the Village Board has determined upon the advice of the Code Enforcement Officer that it is required to act to enforce the provisions of this article, the notice requirements contained in Subsection A shall not be required. The Village Board may direct the said Department of Public Works, its designee or a private contractor to proceed to maintain said property in accordance with its determination following said public hearing. Said subsequent maintenance shall likewise constitute a lien and charge on said real property. Following said determination by the Village Board the owner shall be notified in writing of the Board's determination and that the said maintenance expense shall be a lien on said real property.
[Added 10-5-2009 by L.L. No. 7-2009; amended 11-18-2013 by L.L. No.
4-2013]
