Village of Massena, NY
St. Lawrence County
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Table of Contents
Table of Contents
[Amended 9-4-2001 by L.L. No. 2-2001]
The purpose of this article is to provide basic and uniform property and maintenance standards governing the condition of all properties within the incorporated Village of Massena, including residential units. The Board of Trustees finds that properly kept and maintained properties are essential to the health and safety of the Village, including but not limited to the aesthetics of the Village and the surrounding community. Poorly kept and maintained properties can adversely affect the value of nearby properties. Moreover, certain conditions, as set forth in this chapter as nuisances, endanger the safety of persons and the security of private property. The Board of Trustees also finds that if not kept or properly maintained the exterior of the building or structure may constitute a blighting factor on adjoining property. Residential premises shall be maintained in conformity with the provisions of this article so as to assure the desirable residential character of the property.
A. 
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary.
B. 
Fences and other minor constructions shall be maintained in 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.
D. 
Yards and courts shall be kept clean and free of physical hazards.
E. 
Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.
A. 
Exterior wood surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.
B. 
Floors, walls, ceilings, furnishings and fixtures of residential buildings shall be maintained in clean and sanitary condition.
C. 
All incidental structures shall be built a minimum of three feet from sidewalks. Accessory structures shall be maintained so as to be free of conditions detrimental to safety or health. Exterior wood surfaces that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.
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 to 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. 
From May 1 to October 1, entrances to residential buildings shall be provided with self-closing-type devices or screens, and windows and other openings used for ventilation shall be appropriately screened. Screens shall not be required in rooms located sufficiently high in the upper stories of multiple dwellings as to be free of mosquitoes, flies and other flying insects.
A. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
B. 
In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls and stairways.
The following conditions are hereby declared to be nuisances and the maintenance of such nuisances is hereby prohibited within the Incorporated Village of Massena. It shall be unlawful for any owner of real property within the Village or the agent of such owner and/or any person, firm or corporation lawfully occupying any real property within the Village to permit:
A. 
Whatever is dangerous to human life and health.
B. 
Uncut grass, weeds, brush or any portion of said growth to obtain a height in excess of 12 inches.
C. 
Rubbish or rubble to accumulate thereon.
D. 
Boats or motor vehicles or portions thereof to be parked or stored for unreasonable periods of time or to be parked or stored if it is abandoned, wrecked, dismantled, junked or substantially damaged and is not intended to be used or in no condition for legal use upon the public highway.
E. 
Whatever building or structural part or cellar thereof is overcrowded or not provided with adequate means of egress or is not sufficiently supported, ventilated, sewered, drained or cleaned.
F. 
Whatever renders soil, air, water, or food impure or unwholesome.
G. 
Slaughterhouses, privies, hogpens, accumulations of dung or manure, carcasses, swill, brine, pigeon coops, urine of animals or any stinking, obnoxious, offensive, foul or filthy liquids or other matters or conditions.
H. 
Discarded material of any kind, rubbish, or refuse that is maintained beyond normally scheduled garbage removal.
I. 
Accumulations of brush, tree stumps, or other vegetative waste or rubble or construction waste that is maintained beyond normally scheduled garbage removal
J. 
Ponds or pools of stagnant water.
K. 
Pits, holes, excavations, uncovered wells or other declivities of land which are unsightly or are liable to cause injuries to persons falling therein or therefrom.
L. 
Barbed wire, razor wire, electrified fences, or such fences as are otherwise forbidden by the provisions of the Code of the Incorporated Village of Massena.
M. 
Accumulations of junk, old metals or machinery, rags or newspapers.
N. 
On private property located within any residence district of the Village, the maintenance of any container actually accommodating or designed to accommodate more than one cubic yard of rubbish, refuse or discarded material of any kind or the maintenance, within any residence district on private property, of any bulk storage containers for any period of time whatsoever. For the purposes of this chapter, a "bulk storage container" is defined as a standard Dempster Dumpster Gallon E-Z Pack front-end-loading-type container or an equal container for garbage and other waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck for disposal.
The Board of Trustees shall adopt a resolution requiring the owner and/or person in control of any property found not to be in conformance with the provisions of this chapter to comply with those provisions. A copy of the notice of adoption of said resolution shall be served upon such owner and/or person in control of said property by ordinary mail, specifying the manner and time within which to comply, that is, within seven days from the date of postmark of the notice.
Upon failure to comply with the requirements of such notice, the Board of Trustees shall authorize the work to be done and pay the cost thereof out of general funds appropriated by the Board of Trustees for such purpose. In case of such failure to comply, the owner and/or person in control of the property whereon the violation occurs is deemed to consent to the right of entry by the Village officials for the sole purpose of inspecting and correcting such violation.
The Village shall be reimbursed for the cost of the work performed or the services rendered, as herein above provided, by assessment against the lots or parcels of land where such work was performed or services were rendered for so much of the actual or complete cost as incurred upon and from each lot or lots by the assessment of all such cost of such removal, including legal fees against the real property affected.
A. 
Buildings and structures. The owner, operator or occupant shall maintain each and every part of the building or structure free of all nuisances and any hazards to the safety of the occupants, pedestrians and all persons utilizing the premises or abutting roadways and maintain accessory structures and appurtenant equipment in suitable condition and good repair, capable of performing the function for which the same was designed or intended to be used, including but not limited to the following:
(1) 
Exterior surfaces of buildings and structures that are not inherently resistant to deterioration shall be sealed and regularly treated with a protective coating of paint or other suitable preservative sufficient to prevent deterioration. All such surfaces shall be maintained free of excessive flaking, peeling and crumbling.
(2) 
Every roof, wall, window, exterior door and hatchway shall be kept free from holes or leaks that would permit the entrance of water within any building or structure.
(3) 
All buildings and structures shall be kept in a clean, sanitary and safe condition, free from litter, debris, rubbish, garbage, junk, vermin, rodents and health, safety and physical hazards of any kind. No building shall, except in emergency or ongoing construction, be boarded up in part or whole except by permission of the Code Enforcement Officer.
(4) 
Foundations of every building and structure shall be maintained structurally sound and in good repair so as to prevent the accumulation of moisture within the space enclosed by such foundation, and such foundation and any window or door thereon shall be protected against the entrance of rodents.
(5) 
Roofs of every building or structure used for residence or commercial purposes shall be maintained weathertight. All roofs, gutters and downspouts shall be maintained in a good state of repair.
(6) 
The exterior of every building and structure and all appurtenances thereto, both above and below the roof line, shall be maintained in good repair, in a safe condition and weathertight so as to resist decay or deterioration from any cause.
(7) 
All exposed surfaces shall be maintained free of damaged, disintegrating, crumbling, broken or missing materials, excessive pitting or corrosion and unsafe defects, and all broken or missing glass panes shall be replaced.
(8) 
The exterior of every building and structure shall be maintained free of buckled, sagging, broken, partially missing, rotted or decayed walls, doors, windows, porches, balconies, steps, stairways, railings, balusters, chimneys and decorative trim. The exterior of every building and structure shall be maintained so that the appearance of the premises shall not constitute a blighting factor for adjoining property.
B. 
Yards and open areas. The owner, occupant or other person having charge of any premises shall maintain the yards and open areas thereof in accordance with the following requirements:
(1) 
Fences and retaining walls shall be maintained in a safe condition.
(2) 
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.
(3) 
All snow, ice and other obstruction upon any public sidewalk shall be removed for the length of the property frontage by the owner or occupant of the adjoining land as soon as possible following the cessation of snowfall or frozen precipitation. Whenever any such public sidewalk, or any part thereof, shall be coated with ice which cannot satisfactorily be removed, the owner and occupant of the premises abutting thereon shall as an alternative to said removal of the ice, cause such public sidewalks to be made safe and convenient for pedestrians by covering the ice with sand or other suitable substance.
(4) 
All snow and ice accumulating higher than a point four inches below the bottom of the lowest outlet on any fire hydrant, and within a radius of three feet from the center of such hydrant, shall be removed by the owner and occupant of the premises adjoining the hydrant.
(5) 
Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof shall be removed. Heavy undergrowth and accumulation of plant growth which is noxious or detrimental to health shall be eliminated or removed. Trees, hedges, bushes, shrubs and vegetation of any kind shall be kept pruned or trimmed.
(6) 
The yards and open areas of any premises shall be kept in a clean, sanitary and safe condition, free from litter, debris, rubbish, garbage, junk, vermin, rodents and health and safety hazards of any kind.
A. 
A violation of any of the provisions contained in this article shall constitute an offense punishable by a fine of not less than $25 nor more than $50 or by imprisonment for not more than three days for each violation, except that:
(1) 
When the person was found to have violated any of the provisions of this article within the preceding five years, the fine may be of not less than $50 nor more than $100 or by imprisonment for not more than seven days for each violation; and
(2) 
When the person was found to have committed two or more such violations within the preceding five years, the fine may be of not less than $100 nor more than $250 or by imprisonment for not more than 15 days for each violation.
B. 
These penalties shall be in addition to any other penalty provided by law. The Village may also seek injunctive relief to prevent the continued violation of this article.