[HISTORY: Adopted by the Town Board of the
Town of Union as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-17-2000 by L.L. No. 3-2000]
A.
It is hereby found and declared that there exist in
the Town of Union premises of the aforesaid category which are, or
may become, unfit for human habitation or occupancy or use due to
dilapidation, defects increasing the hazards of fire, accidents or
other calamities, lack of ventilation, light or sanitation facilities,
or due to other conditions rendering such premises or part thereof
unsafe or unsanitary or dangerous or detrimental to the health or
safety or otherwise inimical to the welfare of the residents of the
Town of Union and persons upon or having access to the premises.
B.
It is further found and declared that, by reason of
lack of maintenance and progressive deterioration, the condition of
certain premises has the further effect of creating blighting conditions
and initiating slums, and that, if the same are not curtailed and
removed, the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same, and that, by reason of timely regulations
and restrictions as herein contained, the growth of slums and blight
may be prevented and neighborhood and property values thereby maintained,
the desirability and amenities of premises and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
The purpose of this article is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance and condition of premises situated
in the Town used or intended to be used or designed to be used, in
whole or in part, for commercial, business, industrial or any other
nonresidential occupancy. This article is hereby declared to be remedial
and essential for the public interest, and it is intended that this
article be liberally construed to effectuate the purpose as stated
herein.
A.
Buildings affected by this article. Each and every building, and the premises on which it is situated in the Town, used or intended to be used or designed to be used, in whole or in part, for commercial, business, industrial or any other nonresidential occupancy shall comply with the provisions of this article, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this article and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this article. This article establishes minimum standards for the initial and continued occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in Subsection B hereof. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of this article.
B.
Higher standards to prevail in case of conflict with
other ordinances or laws. In any case where the provisions of this
article impose a higher standard than set forth in any other ordinance
of the Town or laws of the State of New York applicable thereto, then
the standards, as set forth herein, shall prevail, but if the provisions
of this article impose a lesser standard than such other ordinance
of the Town or law of the State of New York, then the higher standard
contained in such other ordinance or law shall prevail.
C.
Enforcement and compliance with other ordinances.
Compliance with this article shall not constitute a defense against
the violation of any provisions of any other ordinance of the Town
applicable to any building or premises, nor shall compliance with
any provision of this article relieve any owner, operator or occupant
from complying with any such other provision nor relieve any official
of the Town from enforcing any such other provision.
Owners and operators shall have all the duties and responsibilities prescribed in § 155-5 hereof and regulations promulgated pursuant thereto, and no owner or operator shall be relieved from such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
A.
The provisions of this section shall constitute the
standards to guide the Building Official and his agents in determining
the fitness of premises for human habitation, use and occupancy and
in determining whether premises are being maintained in such condition
as not to constitute a blighting effect upon neighboring properties
nor an element leading to a progressive deterioration and downgrading
of neighboring properties with an accompanying diminution of property
values.
B.
Definitions.
(1)
BUILDING
BUILDING OFFICIAL
DETERIORATION
DILAPIDATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
GARBAGE
INFESTATION
MIXED OCCUPANCY
NUISANCE
(a)
(b)
(c)
(d)
(e)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
RUBBISH
STRUCTURE
WEATHERING
WINDOW
Words defined. The words, terms or phrases listed
below, for the purposes of this article, are hereby defined and shall
have the meanings indicated:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outbuildings and
appurtenances belonging thereto or usually enjoyed therewith.
The duty appointed Building Official of the Town of Union.
The condition of a building, or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
wear.
Failing out of repair or decayed.
Any premises, or part thereof, which may be lawfully viewed
by the public, or any member thereof, from a sidewalk, street, alleyway,
parking lot or from any adjoining or neighborhood premises.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places, or by removing or making inaccessible
material that may serve as their food, or by poisoning, spraying,
fumigating, trapping or any other approved means of pest elimination.
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food or
other products.
The presence, on or within a premises, of any insects, rodents
or other pests.
Any building containing one or more dwelling units, rooming
units or hotel or motel accommodations and also having a portion thereof
devoted to nonresidential uses.
Any public nuisance known at public law or in
law or equity jurisprudence or as provided by the statutes of the
State of New York or the ordinances of the Town of Union.
Any inadequately protected well, shaft, basement,
excavation, abandoned or nondrivable motor vehicle or equipment, structurally
unsound fence or building, lumber, trash, debris or vegetation, such
as poison ivy, oak or sumac, or other condition which is or may be
detrimental to the safety or health of persons.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Any person or persons, including the owner, in actual possession
of and using an entire building or an occupancy unit in a building.
Any person who has charge, care or control of a premises,
or part thereof, whether with or without the knowledge and consent
of the owner.
The holder or holders of the title to premises in fee simple.
A lot, plot or parcel of land and any buildings located thereon.
All putrescible and nonputrescible solid waste (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
Includes all combustible and noncombustible waste material,
except garbage.
An assembly of materials forming a construction, including
but not limited to buildings, stadiums, gospel and circus tents, reviewing
stands, platforms, stagings, observation towers, radio towers, water
tanks, trestles, open sheds, bins, shelters, fences and display racks
and signs.
Deterioration, decay or damage caused by exposure to the
elements.
An opening in the wall or roof of a building for the admission
of light, which opening may be closed to the elements by casements
or sashes containing glass or other transparent material.
(2)
Word usage. Whenever, in describing or referring to
any person, party, matter or thing, any word importing the singular
number or masculine gender is used, the same shall be understood to
include and to apply to several persons or parties as well as to one
person and to females as well as males and to bodies corporate as
well as individuals and to several matters and things as well as one
matter or thing. The word "shall" shall be applied retroactively as
well as prospectively.
C.
Maintenance of exterior of the premises. The premises
shall be kept free of litter (including, without limiting the generality
of the foregoing, discarded, windblown, deposited, dropped or strewn
paper, wrappings, cardboard, bottles, cans, boxes and broken glass)
and of all nuisances and hazards to the safety of tenants, occupants,
pedestrians and other persons having access to the premises and free
of unsanitary conditions, and any of the foregoing shall be promptly
removed and abated. The word "hazards" shall include, but is not limited
to, the following:
(1)
Refuse. Brush, weeds, broken glass, stumps, roots,
obnoxious growths, filth, garbage, trash, rubbish, refuse and debris
of any description.
(2)
Natural growth. Dead and dying trees and other natural
growth which, by reason of rotting or deteriorating conditions or
storm damage, are or may be dangerous to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhangings. Loose, overhanging and projecting objects
and accumulations of ice and snow which, by reason of location above
ground level, constitute a danger to persons in the vicinity thereof.
(4)
Ground surface and unsanitary conditions. Holes, excavations,
breaks, projections, obstructions and excretion of pets or other animals
on paths, sidewalks, walks, driveways, parking lots and parking areas
and other parts of the exterior of the premises which are accessible
to and used by persons having access to such premises.
(5)
Recurring accumulation of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate recurrent accumulations
of stormwater.
(6)
Sources of infestation.
(7)
Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing imposed
loads safely.
(8)
Chimneys and flue and vent attachments thereto. Chimneys
and flue and vent attachments thereto shall be maintained structural
sound, free from defects and so maintained as to capably perform,
at all times, the functions for which they were designed and constructed.
Chimneys, flues, gas vents and other draft-producing equipment shall
provide sufficient draft to develop the rated output of the connected
equipment and shall be structurally safe, durable, smoketight and
capable of withstanding the action of flue gases.
D.
Appearance of exterior of the premises and window
display areas. The exterior of the premises shall be maintained so
that the appearance thereof shall reflect a level of maintenance in
keeping with the standards of the neighborhood or such higher standards
as may be adopted by the Town of Union and such that the appearance
thereof shall not constitute a blighting effect upon neighboring properties
nor an element leading to a progressive deterioration and downgrading
of neighboring properties with an accompanying diminution of property
values, including the following:
(1)
Landscaping. Where exposed to public view, the landscaping
of premises shall be maintained in an orderly state with lawns and
bushes trimmed and free from becoming overgrown, littered and unsightly
where such would constitute a blighting effect, depreciating adjoining
and nearby property. Open areas shall be graded evenly to eliminate
holes, depressions, gullies, mounds, accumulations of debris or other
unsightly or unsafe conditions.
(2)
Sealing of unoccupied buildings.
(a)
Whenever the Department shall find an unoccupied
building which has openings, including but not limited to doors, doorways,
windows and window openings, through which children, trespassers or
other unauthorized persons may make entry to the building, then this
section shall apply.
(b)
Notice; sealing requirements.
[1]
Notice. The Department shall serve a notice
in writing upon the owner by one of the methods provided for in this
article, directing the owner to complete the work of enclosing the
building as shall be specified in said notice within 10 days of service
of such notice. Said notice shall further inform the owner that upon
failure by the owner to complete the enclosing of the building, the
Town of Union shall have the right to enclose the building and that
all costs and expenses incurred by the Town will be recovered by action
or by local assessment, or both.
[2]
Permissible materials. Such openings as the
Department shall specify in said notice for enclosure shall be enclosed
with one-half-inch or thicker weatherproof plywood or other weatherproof
material which will secure the building in an equivalent manner. All
such plywood or other material must be painted.
[3]
Screen/storm windows. The owner may, in the
alternative, enclose such openings with screen/storm window combinations,
provided that said storm windows are made with unbreakable glass or
plastic.
[4]
Fastening. Such enclosures shall be fastened
to the building so as to secure them from removal by unauthorized
persons.
[5]
Appearance. Such enclosures shall be properly
fitted and be of such material and surface that they are neither unsightly
nor will materially detract from the general appearance of the building
and neighborhood.
(3)
Repair and painting of exteriors of buildings. All
storefronts and the exteriors of all buildings shall be kept in good
repair, painted where required or otherwise provided with protective
treatment sufficient to prevent deterioration and shall not constitute
a safety hazard or nuisance.
(4)
Awnings and marquees. Any awning or marquee and its
accompanying structural members which extend over any street, sidewalk
or other portion of the premises shall be maintained in good repair
and shall be so maintained as not to constitute a nuisance or a safety
hazard. In the event that any such awning or marquee is not properly
maintained in accordance with the foregoing, it shall, together with
its supporting members, be removed forthwith. In the event that any
such awning or marquee is made of cloth, plastic or of similar materials,
said material, where exposed to public view, shall be maintained in
good condition and shall not show evidence of excessive weathering,
discoloration, ripping, tearing or other deterioration. Nothing herein
shall be construed to authorize any encroachment of an awning, marquee
or its accompanying structural members on streets, sidewalks or other
parts of the public domain.
(5)
Scaffolding. No temporary painting scaffold or other
temporary equipment used for construction, repair or maintenance shall
be permitted to remain in place beyond a period of six months after
erection or placement thereof without permission of the Building Official.
(6)
Landscaping, curbing and sidewalks. The owner or occupant
shall be responsible for the maintenance of the area abutting such
property between the street property line and pavement or roadway,
including landscape ground cover, construction of curbing and/or sidewalk,
and reconstruction and/or replacement of defective or hazardous curb
and sidewalk. The aforementioned area shall not be paved by the owner
or occupant unless specifically authorized by the Building Official
in writing.
E.
Structural soundness and general maintenance, exterior.
The exterior of every building shall be maintained in good repair,
and all exterior surfaces thereof shall be kept painted or otherwise
provided with a protective treatment where necessary for purposes
of preservation and appearance. All exterior surfaces thereof shall
be maintained free from broken glass, loose shingles or siding, crumbling
masonry, excessively peeling paint or other condition reflective of
deterioration or inadequate maintenance to the end that the building
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences.
F.
General sanitation and safety.
(1)
Floors shall be maintained in a structurally sound
condition capable of safely bearing imposed loads and shall be maintained
at all times in a condition so as to be free of hazards.
(2)
All portions of any structure shall be kept structurally
sound, free from deterioration and capable of safely bearing imposed
loads.
(3)
Such rubbish is stored in nonleaking receptacles of
metal or other material approved by the Building Official.
(4)
Such storage bins, rooms and areas are of smooth,
easily cleanable construction and are kept in a sanitary condition.
(5)
Such areas, if located outside of a building and visible
from any public walk, street or public parking area, are shielded
by a method approved by the Building Official and constructed in compliance
with the applicable provisions of the Building Code of the Town.
(6)
Such area is of fireproof construction.
(7)
Rubbish and garbage shall be placed or kept on the
property within the building located thereon or not nearer to the
street line than the building line or nearer to the street line than
the face of the building, whichever distance from the street line
is the greater.
(8)
Inflammable or combustible liquids or other materials
shall not be stored on the premises unless they are of a type approved
for storage by regulation of the Fire Prevention Code and then only
in such quantities and in such fireproof storage containers as may
be prescribed by applicable Fire Prevention Code regulations.
G.
Duties and responsibilities of occupants.
(1)
Upon discovery by an occupant of any condition on
the premises which constitutes a violation of this article, the occupant
shall report the same to the Building Official responsible for enforcement
of this article.
(2)
All parts of the premises under the control of an
occupant shall be kept in a clean, sanitary and safe condition by
the occupant, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean, unsanitary
or unsafe or which would prevent the owner or operator from performing
any duty required hereunder.
A.
Building Official. The Building Official shall be
appointed by the Town Board annually, and he shall exercise the powers
prescribed by this article.
[Amended 1-16-2002 by L.L. No. 1-2002]
B.
Inspection of premises. All premises within the Town
covered by this article shall be subject to inspection from time to
time by the Building Official to determine the condition thereof in
order that he may perform his duty of safeguarding the health and
safety of the persons occupying the same and of the general public.
For the purpose of making such inspections, the Building Official
is hereby authorized to enter, examine and survey at all reasonable
times all such premises; provided, however, that such entries are
made in such manner as to cause the least possible inconvenience to
the persons in possession. The owner, operator and persons occupying
the same shall give the Building Official free access to the same
at all reasonable times for the purpose of such inspection. Every
person occupying such premises shall give the owner and operator thereof
access to that portion of the premises occupied by or in the possession
of such person at all reasonable times for the purpose of making such
repairs, alterations or corrections as are necessary to effect compliance
with the provisions of this article or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
article.
C.
Determination of unfitness for use or occupancy. For the purposes of this article, the Building Official may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or to other residents of the Town. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities, lack of adequate ventilation, light or sanitation facilities, dilapidation, deterioration, disrepair, structural defects, uncleanliness or failure to comply with the standards established by § 155-5 of this article.
Any person violating any of the provisions of
this article shall, upon conviction thereof, be subject to one or
more of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $1,000
or by a period of community service not exceeding 90 days, to become
effective on the effective date of this section.
The service of orders for the correction of
violations of this article shall be made upon the owner, occupant
or other person responsible for the conditions, either by delivering
a copy of the same to such person or by delivering the same to and
leaving it with any person in charge of the premises or by sending
it by mail to the owner, occupant or operator.
[Amended 9-18-2013 by L.L. No. 2-2013; 3-1-2017 by L.L. No. 1-2017]
A.
The Town Board, by resolution, may cause any nuisance,
hazard or litter as herein defined to be removed from any property
within the unincorporated area of the Town of Union upon the failure
of such owner, tenant or occupant to comply with the written notice
aforementioned within the time limit. Said removal may be performed
by the Superintendent of Highways or other designee, including a private
contractor. The Town Board shall ascertain the cost of such removal,
and such cost shall be charged and assessed against the owner, tenant
or occupant 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 Town charges.
B.
The removal of any nuisance, hazard or litter by the
Town of Union or its designee shall not operate to excuse such owner,
tenant or occupant from properly maintaining his property as hereinabove
set forth, and such owner, tenant or occupant shall, notwithstanding,
be subject to the penalties above mentioned.
C.
In addition, the total cost to the Town of attorneys fees, engineering
fees, consultant fees and/or court or litigation costs to enforce
the provisions of this article shall be an expense and obligation
of the owner of the property, including its individual officers, managers,
partners, members, and shareholders, and alternatively or in conjunction
herewith, shall be assessed and levied upon the real property as a
lien and charge until paid or otherwise satisfied or discharged and
shall be collected as otherwise provided in the Town Law in the same
manner and at the same time as other Town charges.
D.
Priority lien.
(1)
The Town shall have a priority lien to the extent of all costs and
expenses incurred by the Town in connection with the proceedings and/or
work efforts noted in the above subsections, and/or the elimination
of any unlawful condition. Such costs and expenses as part of said
priority lien shall include all attorneys' fees, engineering
fees, consultant fees, contractor fees, Town employee/equipment costs,
and/or court or litigation costs to investigate and/or inspect the
subject building, land or premises, and to otherwise enforce the provisions
of this chapter. There shall be filed in the office of the Town Clerk
one or more records of all such costs and expenses caused to be performed
by or on behalf of the Town under this chapter. Such records of the
priority lien shall be kept on a building-by-building or street-address
basis and shall be accessible to the public during business hours.
Such record may be made and maintained electronically. Such entry
at the Town Clerk's office shall constitute notice to all parties
and the public.
(2)
All such costs and expenses incurred by the Town for the work efforts pursuant to this chapter, or any other applicable provision of law, shall constitute a priority lien upon the land or premises when such charge is due and payable, which, notwithstanding any other provision of law, shall be due and payable upon filing at the Town Clerk's office with a certified copy filed at the Broome County Clerk's office. Such lien shall have a priority over all other liens and encumbrances, including mortgage liens, on the premises except for the lien of taxes and assessments. However, no priority lien created pursuant to this chapter shall be enforced against a subsequent purchaser in good faith or a mortgagee in good faith unless the requirements of Subsection D(1) of this section are satisfied; this limitation shall only apply to transactions occurring after the date such record of priority lien should have been entered pursuant to Subsection D(1) and (2) herein, and the date such entry was actually made.
(3)
If such charge is not paid by the date when such charge is due and
payable in accordance with above, the said priority lien shall accrue
interest thereon at the statutory rate, to be calculated to the date
of filing with the Town Clerk.
(4)
Such charge and the interest thereon shall continue to be, until
paid, a priority lien on the premises for a period of 10 years. Said
priority lien may be renewed for an additional ten-year period upon
the filing of an extension of priority lien in both the Town Clerk's
office and the Broome County Clerk's office. The priority lien
may be sold, enforced or foreclosed in any manner. Such priority lien
may also be considered to be a tax lien and may be sold, enforced
or foreclosed in any manner.
[Adopted 9-10-2010 by L.L. No. 10-2010]
A.
Required.
Every owner of a multiple dwelling who does not reside therein, and
every corporate owner, shall designate a manager thereof who shall
be responsible for maintaining said dwelling in compliance with the
provisions of this chapter and who can be contacted by the enforcement
officer at any time. Said manager must be a resident of said dwelling,
or a unit thereof, or maintain a business office in Broome County
and employed by the owner for that purpose.
B.
Registering
of manager's name, address and phone number. The owner shall register
the name, address and phone number of said designated manager with
the enforcement officer on such forms and in such manner as the enforcement
officer may establish and maintain. It shall be the responsibility
of the owner and every designated manager of a multiple dwelling to
contact the Code Enforcement Officer to update any change in the building
manager and/or manager's address or phone number.
C.
Penalty.
An owner and any designated manager who violates this article for
a continuous period of 30 days or more after notice of the violation
is mailed by the enforcement officer shall be subject to a fine of
$50 for a first violation and $100 for any subsequent violation.
