[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.
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.
