[HISTORY Adopted by the Town Board of the
Town of Rotterdam 11-14-2001 by L.L. No. 14-2001. Amendments noted
where applicable.]
It is the purpose of this chapter to ensure
that property within the Town of Rotterdam is maintained in a safe
and sanitary condition so as to not pose a threat to public health
or property. It is also the intent of this chapter to promote and
enhance properties within the Town of Rotterdam.
The provisions of this chapter shall supplement
all local laws, ordinances, codes or regulations existing in the Town
of Rotterdam and other statutes and regulations of municipal authorities
having jurisdiction applicable hereto. Where a provision of this chapter
is found to be in conflict with any provision of an existing local
law, ordinance or regulation, the provision or requirement of this
chapter shall prevail.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
which is permanently affixed to the land.
Discarded, broken or disabled material, including, but not
limited to, furniture; appliances; toys; or other items that are not
in functioning condition.
Discarded waste materials, including, but not limited to,
paper wrappings; packaging materials; discarded or used bottles; and
discarded or used cans.
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
Any person owning property, as shown on the real property
records of Schenectady County or on the last assessment roll for taxes,
and shall also mean any lessee, tenant or other person having control
or possession of the property.
A lot, plot or parcel of land, including any structures thereon.
A building or structure which is not currently inhabited
or occupied and to which access to the interior thereof may be gained
by reason of open, unlocked or broken windows or doors, or because
of other physical deterioration or damage thereto.
Waste food products and other household garbage.
Various small animals, such as rats, that may be destructive
or injurious to health.
No person owning, leasing, renting, occupying,
being in possession of, or having charge of any property in the Town,
including vacant lots, shall maintain or allow to be maintained on
such property, except as may be permitted by any other Town ordinance,
any of the following conditions:
A.
Junk, trash, litter, boxes, discarded lumber, salvage
materials, or other similar materials in any front yard, side yard,
rear yard or vacant lot;
B.
Attractive nuisances dangerous to children, including,
but not limited to, abandoned, broken or neglected equipment, machinery,
refrigerators and freezers, excavations, wells or shafts;
C.
Broken or discarded furniture, household equipment
and furnishings in any front yard, side yard, rear yard or vacant
lot;
D.
Shopping carts in any front yard, side yard, rear
yard or vacant lot of any property;
F.
Vehicle component parts or other articles of personal
property which are discarded or left in a state of partial construction
or repair in any front yard, side yard, rear yard or vacant lot;
G.
Any accumulation of weeds, brambles, berry vines,
or other vegetation which is over-growing any structure or which exceeds
an average height of 10 inches, except that which is kept in a neat
and orderly manner for human consumption, or any accumulation of dead
organic matter, offal, rat harborages, stagnant water, combustible
materials and similar materials or conditions constituting fire, health
or safety hazards; however, this does not apply to cultivated flowers
or gardens. Properties in A-1 are excluded from this requirement;
however, they must conform to all other pertinent sections of the
Town Code.
H.
Dilapidation or state of filthiness or uncleanness
of any dwelling or other structure which endangers health or life
or which permits entrance by rats, mice or other rodents, or by which
conditions it attracts rats and other vermin.
I.
The active selling of motor vehicles in a residential
zone is limited to two motor vehicles within a given calendar year.
J.
[2]No inoperative or unlicensed motor vehicles shall be parked,
kept or stored in open sight on any premises, and no vehicle shall
at any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled. Painting of vehicles is prohibited
unless conducted inside an approved spray booth.
[Added 2-13-2019 by L.L.
No. 2-2019]
(1)
Exception. A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
(2)
Exception. Properties located within Schenectady County Agricultural
District may have one unlicensed motor vehicle that is utilized in
an agricultural operation.
[2]
Editor's Note: Former Subsection J, regarding outside storage
of unregistered motor vehicles, was repealed 1-22-2020 by L.L. No.
1-2020. This local law also provided for the redesignation of former
Subsection K as Subsection J.
A.
Exterior walls, roofs and porches or appurtenances
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.
B.
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
C.
Exterior walls, roofs and other parts of buildings
shall be free from loose and unsecured objects and material and improperly
secured objects and materials. Such objects or materials shall be
removed, repaired or replaced.
D.
The owner of vacated buildings shall take such steps
and perform such acts as may be required 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 covered with painted. exterior-grade plywood closures
and securely fastened to prevent trespassing. See Chapter 93.[1]
E.
Buildings and structures shall be maintained in such a condition that they shall not become unoccupied hazards as defined per Chapter 90 of the Code of the Town of Rotterdam. All graffiti or defacing shall be removed and the surface finish restored within five days' written notice of the Building Inspector/Code Enforcement Officer.
F.
All signage and lighting systems shall be maintained
in a completely operable, clean and safe condition.
G.
All swimming pools shall be maintained and operated
in a clean, safe and sanitary manner at all times and in compliance
with the New York State Uniform Fire Prevention and Building Code.
Swimming pool recirculation and disinfection equipment shall be operated
to maintain water quality. Swimming pool equipment and appurtenances
shall be operated and maintained in accordance with approved plans
and specifications.
H.
All decorative pools, fountains, architectural garden
features, and similar items shall be maintained free of litter and
operated as intended. Should these devices be abandoned or should
they deteriorate because of lack of adequate maintenance, the owner
shall either repair, remove or replace these items within five days
of written notice.
I.
Grass lawns on any lot improved with structures shall
be maintained free of unrestrained growth and in compliance with the
New York State Uniform Fire Prevention and Building Code. Nothing
in this chapter shall be construed to prohibit gardens, woods, generally
recognized groundcovers and lawn grasses, or properly maintained compost
piles.
J.
Placement of animal feed on the premises for the purposes
of feeding nondomesticated animals shall be carried out in a manner
that avoids a noxious impact on the premises or the neighborhood and
that avoids detriment to public health or safety.
K.
The maintenance of fences on properties shall be the
responsibility of the owner of the fence.
A.
Commercial buildings and properties shall at all times
be maintained in compliance with the provisions of this chapter regarding
open spaces, buildings or structures and littering.
B.
No outside storage or accumulation of garbage, crates,
pallets, rubbish, refuse or debris shall be permitted at any time,
and all such garbage, crates, pallets, rubbish, refuse or debris shall
be kept inside the building or buildings on the premises, or in a
screened enclosure, and shall be collected and removed from the premises
on no less than a weekly basis unless prior approval is granted by
the Planning Commission. All property owners have until June 1, 2002,
to comply with this section and will be subject to site plan review.
Fees for site plan review on existing business property will be waived
until June 1, 2002, if the intention is to come into compliance with
this section.
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, or to a designated storage
area which does not hinder pedestrian or vehicular movement. In regards
to businesses which operate 24 hours per day, unattended shopping
baskets, carts or wagons shall be collected, in the manner described
above, a minimum of two times during each twenty-four-hour period.
D.
The maintenance of all fences and planting areas installed
on the premises shall be the responsibility of the owner of the property.
Such maintenance shall include, but not be limited to, the removal
and/or replacement of trees and shrubs which may die and/or otherwise
be destroyed and the removal and/or replacement of fences which may
fall into disrepair. Additionally, lawns and those grassy areas which
are viewed by customers and passing motorists shall be maintained
in a neat manner and cut at a height not to exceed four inches.
F.
All signage and lighting systems shall be maintained
in a completely operable, clean and safe condition.
A.
Surface and subsurface water (with the exception of
regulated freshwater wetlands or other bodies of water protected by
either local, state or federal law) shall be appropriately managed
to protect buildings and structures. Gutters, culverts, catch basins,
drain inlets, stormwater sewers or other appropriate drainage systems
shall be utilized where necessary. No roof, surface or sanitary drainage
feature 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 usable manner.
C.
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
all weather conditions. Any holes or other hazards that may exist
shall be filled, and necessary repairs or replacements carried out.
D.
Yards and vacant lots shall be kept clean and free
of physical hazards, rodent harborage and infestation. They shall
be maintained in a manner which will prevent dust, sand, litter and
other objects, which are a danger to public health or safety, from
being blown about the neighborhood. Open wells, cesspools and cisterns
shall be securely closed or barricaded from access to the public.
E.
Heavy undergrowth and accumulation of plant growth,
which is noxious or detrimental to health, shall be eliminated.
F.
Yards and vacant lots shall be maintained free of
accumulations of animal excrement which create a noxious impact on
the premises or the neighborhood.
A.
All buildings, structures and properties shall be
maintained free of insect, vermin and rodent harborage and infestation.
Methods used for exterminating insects, vermin and rodents shall comply
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.
A.
All properties, whether improved or vacant, shall
be maintained free of litter; provided, however, that this chapter
shall not prohibit the storage of litter in authorized private receptacles
for collection.
C.
No appliance may be discarded, abandoned or stored
outdoors in any manner without first completely removing any locking
devices and all doors.
D.
Dumpsters and similar large receptacles shall be screened
from public streets, rights-of-way, and areas where pedestrians frequently
travel. Said screening shall consist of a solid row of evergreens,
or solid fencing to hide the dumpster/receptacle from public view.
E.
Shopping centers, supermarkets and similar business
units shall provide permanent and sanitary litter receptacles within
the interior of the premises for public use in sufficient quantity
to prevent a person from walking in excess of 100 feet to use any
such receptacle. Receptacles shall be of sufficient size to accommodate
small items of patron's trash (i.e., shopping lists, tissues, gum
wrappers, etc.).
During the development, improvement or construction
of any site for any purpose, the owner and applicant, as identified
on the building permit application, shall take appropriate measures
to ensure the following:
A.
Dust, blowing sand, dirt, and sediment shall be controlled
so as not to pose a nuisance, health, or safety risk to motorists
or neighboring property owners.
B.
Erosion and siltation shall be confined to the site
being developed. Neighboring properties and roadways shall not be
impacted by erosion, blowing sand, dirt, or siltation as a result
of construction activities.
C.
Construction debris/litter shall be confined on the
site so as not to impact neighboring properties and roadways.
A.
Owners, operators and tenants shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor, regardless of any agreement purporting to delegate the responsibilities set forth herein, with the exception of those responsibilities charged to occupants as designated in § 265-12.
B.
Owners and operators of buildings shall be responsible
for the proper installation, maintenance, condition and operation
of service facilities. Owners and operators shall furnish adequate
heat, hot water, and air conditioning when contractually responsible
to do so.
An occupant of the premises shall be responsible
for compliance with this chapter in regard to the following:
A.
Maintenance of that part of the premises which is
occupied or controlled in a clean, sanitary and safe condition.
B.
Keeping exits from the building or apartment clear
and unencumbered from their possessions.
C.
Daily disposal of garbage and refuse into provided
facilities in a clean and sanitary manner.
E.
Keeping domestic animals and pets in an appropriate
manner and under control.
A.
This chapter may be enforced by the Building Inspector/Code
Enforcement Officer of the Town of Rotterdam and by any police officer
of the Town of Rotterdam Police Department or a duly appointed representative
by the Rotterdam Town Board. The Code Enforcement Officer or the duly
authorized designee shall have authority to enforce the provisions
of this chapter and to inspect premises within the Town as necessary
for said enforcement.
[Amended 10-24-2012 by L.L. No. 5-2012]
B.
Any property found to be maintained in violation of
this chapter is hereby declared to be a public nuisance and shall
be abated by rehabilitation, removal, trimming, demolition or repair.
C.
The property owner shall have the ultimate responsibility
for compliance with all provisions of this chapter.
A.
After the enforcement officer has determined that
there is a specific violation of this chapter, a written notice will
be sent to the occupant or owner of the property directing compliance
with this chapter within five days after receipt of such notice. The
notice shall be sent by certified mail, return receipt requested.
Possession by the enforcement officer of the United States postal
receipt indicating delivery of the notice to the addressee, whether
the receipt is signed by the addressee or by a third party, shall
constitute conclusive proof of the receipt by the addressee of said
notice. The five-day period shall commence on the date of the delivery
of the notice as indicated on the postal receipt. The notice may also
be personally served on the addressee, in which event the respective
five-day period shall commence on the date of the personal service
of the notice.
B.
If the notice cannot be either personally served on
the record owner or be delivered by certified mail because the record
owner cannot, with due diligence, be ascertained, or is not locatable,
then the notice may be served by publication. The notice shall be
published in the official newspaper of the Town once in each of two
successive weeks. If there is a building situated on the property,
the notice shall also be posted on the front door of the structure.
The five-day period shall commence on the sixth business day following
the date of the second publication of the notice.
A.
The notice referred to in § 265-14, served upon the owner of the subject property, shall advise the owner that if the violation(s) is not corrected within said five-day period, the Town will proceed with the removal and disposition of said violation(s) following said notice period and shall cause the costs of such removal and disposition to be charged against the owner and the subject property. The notice shall also advise the owner of the subject property that the owner may be personally liable for such costs in an action by the Town.
B.
The notice, when it includes provisions pursuant to Subsection A, shall also advise the owner of the subject property that the owner shall be entitled to a hearing before a review board comprised of three members from the Town, being the Zoning Officer, the Chairman of the Planning Commission and the Chairman of the Zoning Board of Appeals, on any matter the owner wishes to address relating to the existence of the violations of this chapter and the removal thereof from the subject property. The request for a hearing before the review board must be made in writing by the owner of the subject property prior to the expiration of the five-day notice period. The request must be in writing, directed to the Town Building Inspector/Code Enforcement Officer. If a hearing is not requested, the Town shall be entitled to go upon the property upon the expiration of the notice period and, utilizing either Town personnel or independent contractors, correct the violation. If a hearing is requested by the owner of the subject property, it shall be held within 10 days of the date on which the request is received by the Town. At the hearing, the owner shall be advised of the amount of money which it is estimated will be expended by the Town to correct the violation. The owner of the subject property will be responsible for the payment of that amount and that said amount will be assessed as a lien against the property. At the conclusion of the hearing, the review board shall determine if corrective measures by the Town should proceed at the expiration of the respective notice period, and the cost thereof shall be collected from the owner of the subject property or charged against the subject property as hereinbefore mentioned.[1]
C.
The owner shall have five additional days to correct
the violation beyond the original notice period, in the event that
a hearing is held at the request of the owner of the subject property
and the owner receives the written decision of the review board. If
the owner of the subject property defaults in the removal of the violation,
the Town shall be entitled to go upon the subject property and, utilizing
either Town personnel or independent contractors, to correct the violation.
D.
The determination of the review board of the Town
shall be subject to review in an Article 78 proceeding.
E.
All relative costs to correct the violation by the
Town may be collected from the owner of the subject property in a
civil action therefor by the Town. In addition thereto, or in lieu
thereof, such costs may be assessed as a lien against the subject
property of the owner and enforced in accordance with the procedure
prescribed in Article 3 of the Lien Law for the enforcement of mechanics'
liens on real property.
[Amended 6-12-2013 by L.L. No. 7-2013]
A.
Any person, firm or corporation who shall violate
any of the provisions of this chapter or any rule or regulation made
pursuant thereto shall, upon conviction thereof, be punished by a
fine of no less than $500 nor more than $1,000 or imprisonment for
a period not to exceed 15 days, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$1,000 nor more than $1,500 or imprisonment for a period not to exceed
15 days, or both; and upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine not less than $1,500 nor more than $2,000 or imprisonment
for a period not to exceed 15 days, or both. Each day of continued
violation shall constitute a separate, additional offense.
B.
The cost of cleanup of the property shall be assessed
as a lien against the property taxes.
C.
Administrative fee: $50 per incident of noncompliance.
