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.
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.