[Adoptd 1-21-1980]
All residential, commercial and industrial premises
within the Town of West Seneca, whether improved or vacant, shall
be maintained in conformity with the provisions of this part so as
to assure the desirable character of the property.
As used in this part, the following terms shall
have the meanings indicated:
A building or combination of buildings and the lot on which
the same is located, used in whole or in part for commercial purposes,
including but not limited to offices, places of public assembly, shopping
centers, supermarkets, retail stores, warehouses, manufacturing or
fabrication plants, gasoline stations and other business uses.
An open and unoccupied space on a lot and enclosed on at
least three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin or other pests.
Any vehicle, including a trailer, which is without a current
inspection sticker, insurance, valid license plate or plates and/or
is in either a rusted, wrecked, discarded, dismantled, partly dismantled,
inoperative or in an abandoned condition.
[Amended 2-5-1990]
Garbage, refuse and rubbish, as herein defined, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Plot, tract, premises or parcel of land, with or without
buildings or structures located thereon, as surveyed and apportioned
for sale or other purpose.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles
and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Any building or part thereof which remains unoccupied for
a period of more than two years, with either doors, windows or other
openings broken, removed, boarded or sealed up, or any building under
construction upon which little or no construction work has been performed
for a period of more than two years.
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
The provisions of this part shall supplement
local laws, codes or regulations existing in the Town of West Seneca
and the other statutes and regulations of municipal authorities having
jurisdiction applicable thereto. Where a provision of this part is
found to be in conflict with any provision of a local law, ordinance,
code or regulation, the provision or requirement which is more restrictive
or which establishes the higher standard shall prevail.
A.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent the development
of stagnant ponds. Gutters, culverts, catch basins, drain inlets,
stormwater sewers or other satisfactory drainage systems shall be
utilized where necessary. No roof, surface or sanitary drainage shall
create a structural, safety or health hazard by reason of construction,
maintenance or manner of discharge.
B.
Fences and other minor construction shall be maintained
in a safe and substantial condition.
C.
Steps, walks, driveways, 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 and necessary repairs or replacement carried
out. The owner or occupant of any premises fronting or abutting on
any street or highway shall repair, keep safe and maintain any sidewalk
abutting the premises and keep it free and clear from snow, ice, dirt
or other obstruction. All trees, shrubs, plants and other vegetation
must be cut back to a height of eight feet directly above the surface
of any sidewalk. Any such owner or occupant shall be liable for any
injury or damage by reason of omission or failure to repair, keep
safe and maintain such sidewalk or to remove snow, ice, dirt or other
obstructions therefrom or negligence in performing those functions.
[Amended 12-17-2001]
D.
Yards, courts and vacant lots shall be kept clean
and free of physical hazards, rodent harborage and infestation. They
shall be maintained in a manner that will prevent dust or other particles
from being blown about the neighborhood. Open wells, cesspools or
cisterns shall be securely closed or barricaded from access to the
public.
E.
Heavy undergrowth and accumulation of plant growth
which are noxious or detrimental to health shall be eliminated. Any
trees or portions thereof located on private property and constituting
a hazard to persons or property shall be removed.
F.
A junked vehicle may not be parked, stored or left
in the open.
G.
Firewood
shall not be stored in any required yard and no higher than the fencing
allowed in said yard. Firewood must be stacked in a manner not to
cause rodent harborage.
[Added 11-28-2011 by L.L. No. 9-2011]
A.
Business units, as defined herein, shall at all times
be maintained in compliance with the provisions of this part regulating
open spaces, buildings or structures and littering.
B.
No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time, and all
such garbage, crates, rubbish, refuse or debris shall be kept inside
the building or buildings on the premises or in an acceptable enclosure
and shall be regularly collected and removed from the premises.
C.
No shopping baskets, carts or wagons shall be left
unattended or standing in open areas and shall be collected at the
close of business each day by the occupant of such unit and removed
to the interior of the building or buildings.
D.
No mobile refrigeration unit shall be operated on
the premises after the closing of the business conducted thereon unless
such mobile refrigeration unit is electrically operated.
E.
No truck or other vehicle shall be loaded or unloaded
outside the confines of the building or buildings on the premises
before 7:00 a.m. or after the business conducted on the premises has
been closed to the public, in such a manner as to cause excessive
noise or disturbance to the adjoining properties. For the purposes
of this subsection, a noise rating exceeding 25 decibels as read on
the A-scale of a standard sound-level meter at the nearest residence
to the premises shall be deemed excessive.
F.
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance
shall include but not be limited to the replacement of trees and shrubs
which may die and/or otherwise be destroyed, the maintenance and cutting
of lawns and the replacement and/or repair of fences which may become
in disrepair.
A.
All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or sealed to protect
them from deterioration or weathering.
B.
Floors, walls, ceilings, stairs, furnishings and fixtures
of buildings shall be maintained in a clean, safe and sanitary condition.
Every floor, exterior wall, roof and porch or appurtenance thereto
shall be maintained in a manner so as to prevent the collapse of the
same or injury to the occupants of the building or to the public.
C.
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
D.
Exterior walls, roofs and all openings around doors,
windows, chimneys and other parts of a building shall be so maintained
as to keep water from entering the building and to prevent undue heat
loss from occupied areas. In the event of roof failure, a tarpaulin
(tarp) may be placed on the roof of a property to provide temporary
protection for the structure for up to, and not exceeding, 14 days.
Materials which have been damaged or show evidence of dry rot or other
deterioration shall be repaired or replaced and refinished in a workmanlike
manner. Exterior walls, roofs and other parts of the building shall
be free from loose and unsecured objects and material and improperly
secured objects and material. Such objects or materials shall be removed,
repaired or replaced.
[Amended 11-1-2021 by L.L. No. 6-2021]
E.
The owner of a vacated building shall take such steps
and perform such acts as may be required of him from time to time
to ensure that the building and its adjoining yards remain safe and
secure and do not present a hazard to adjoining property or to the
public. All openings shall be provided with painted, exterior-grade
plywood closures, securely fastened.
F.
Buildings and structures shall be maintained in such
a condition so that they shall not become unoccupied hazards as defined
in this part. All graffiti or defacing shall be removed and the surface
finish restored within a five-day period.
G.
All signs and lighting systems shall be maintained
in a completely operable, clean and safe condition.
H.
All decorative pools and similar devices shall be
maintained free of litter and operated as intended. Should the maintenance
costs of such devices prove unacceptable, the device shall be converted
to landscaped planting beds.
I.
Any senior
adult complex or assisted living facility shall be supplied with emergency
power capable of providing necessary heat and light to house residents
within the facility during times of electrical power failures.
[Added 11-28-2011 by L.L. No. 9-2011]
A.
Grounds, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation. Methods
used for exterminating insects, vermin and rodents shall conform with
generally accepted practice.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall
be appropriately screened with wire mesh or other suitable materials.
C.
In order to prevent infestation of rodents or vermin, lots, yards
and grounds shall be kept free of garbage, litter, refuse, rubbish,
pet food, food scraps or other food items; provided, however, that
this section shall not prohibit the storage of garbage, litter, refuse,
pet food, food scraps or other food items in authorized receptacles
provided for collection.
[Added 2-10-2014 by L.L. No. 2-2014]
D.
Bird feeders shall be maintained so as to prevent the infestation
of rodents or vermin.
[Added 2-10-2014 by L.L. No. 2-2014]
A.
Residential, commercial and industrial premises, whether
improved or vacant, shall be maintained free of litter; provided,
however, that this section shall not prohibit the storage of litter
in authorized private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling and disposal of garbage
and refuse in accordance with the provisions of applicable ordinances.
C.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking devices and all doors.
D.
Dumpsters and similar large receptacles shall be shielded
from the public view by means of appropriate landscaping or architectural
screening.
E.
Shopping centers, supermarkets and similar business
units shall provide permanent, attractive, decorated litter receptacles
within the premises for public use in sufficient quantity to prevent
a person from walking in excess of 50 feet to use one such receptacle.
An occupant of the premises shall be responsible
for compliance with this section in regard to the following:
A.
Limiting the occupancy of that part of the premises
which he occupies or controls to the maximum permitted by town ordinance.
B.
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls,
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
D.
Keeping exits from his building clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner in accordance with the provisions of
the town.
F.
Extermination of insects, rodents or other pests within
his premises.
G.
Maintenance of yards, lawns and courts in a clean,
sanitary and safe condition and free from infestation insofar as said
occupant occupies or controls said yards, lawns and courts or any
parts thereof.
H.
The installation and removal of required screens.
I.
Keeping his domestic animals and pets in an appropriate
manner and under control.
J.
Elimination of all prohibited uses for that part of
the premises which he occupies, controls or has accessibility thereto.
A.
Owners of premises shall be responsible for compliance
with the provisions of this part and shall remain responsible therefor,
regardless of the fact that this part may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners and operators of buildings shall be responsible
for the proper installation, maintenance, condition and operation
of service facilities and for furnishing adequate heat and hot-water
supply where they have contracted to do so.
C.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the town as executor, administrator, trustee, guardian, operator 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 part and
shall be bound to comply with the provisions of this part to the same
extent as the record owners, and notice to any such person or any
order or decision of the Building Inspector shall be deemed and taken
to be a good and sufficient notice as if such person or persons were
actually the record owner or owners of such property. In instances
where an occupant is responsible or shares responsibility with the
owner for the existence of one or more violations of this part, said
occupant shall be deemed and taken to be an owner within the true
intent and meaning of this part.
Any person or persons, association or corporation
committing an offense against this part or any section or provision
thereof is guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a period not exceeding 15 days for each
such offense, or by both such fine and imprisonment.
[Added 8-20-2001]
Whenever it appears that any lands or property
contains such quantity of brush, grass, rubbish or weeds as to constitute
a fire or health hazard or poisonous shrubs or weeds, the Town Board
may order the owner of the lands or property to cut, trim, remove
or spray the brush, grass, rubbish, weeds or poisonous shrubs or weeds.
A copy of the order shall be personally served upon the owner or mailed
to him by certified mail at his address as shown by the records of
the Town Assessor. A copy of the order may also be served on or mailed
by certified mail to the last known address to any other person having
or claiming an interest in the lands or property as occupant, mortgagee
or otherwise.
In the event that the order is not complied
with within 10 days following personal service or 14 days following
mailing of the order, the Building Inspector shall cause the work
therein required to be done or completed.
The provisions of this article shall not apply
to any lands or highway easements owned by another municipal corporation
or political subdivision of the state.
The expense of any action subsequent to preliminary
inspections taken pursuant to this part shall be assessed against
the real property involved. Those expenses shall be reported to the
Assessor within 20 days following completion of the proceedings herein
authorized. The Assessor shall cause a notice to be given of the time
and place where he will assess the expense against the property. A
copy of the notice shall be served upon or mailed by certified mail
to the owner and other persons having or claiming any interest in
the real property who has appeared in any proceeding under this article.
Except as hereinafter provided, personal service shall take place
at least eight days before the hearing.
At the time and place specified in the notice,
and upon any adjourned dates, the Assessor shall hear all interested
parties. At the conclusion of the hearing, the Assessor shall complete
the assessment, stating therein the name of the owner and the account
number of the amount assessed to each parcel of real property. Thereafter,
he shall return the assessment to the Town Clerk, who shall present
it to the Town Board. The Town Board shall certify the assessment
to the County Legislature, which shall cause the amount stated therein
to be levied against the property. The amount assessed shall be a
lien on the real property until collected. It shall be levied and
collected at the same time and in the same manner as other town taxes
and shall be paid to the Town Supervisor to be applied in reimbursing
the fund from which the expenses were paid.
Any notice directed to a corporation may be
served upon it at its principal place of business, upon a duly designated
agent within the town or upon the Secretary of State. The time for
service shall be extended four days for any notice served on the Secretary
of State.
Any period of time fixed for performance hereunder
may be extended by the Building Inspector for a period not exceeding
14 days.
If any section, clause or provision of this
part or the application thereof to any person or lands is adjudged
to be invalid, the adjudication shall not affect other sections, clauses
or provisions nor the application thereof which can be sustained or
given effect without the invalid section, clause or provision or application,
and to this end the various sections, causes and provisions of this
part are declared to be severable.
