[Adopted 7-14-1980 as L.L. No. 20-1980]
All residential, commercial and industrial premises within the Village of Thomaston, whether improved or vacant, shall be maintained in conformity with the provisions of this Article.
As used in this Article, the following terms shall have the meanings indicated:
BUSINESS UNIT
A building or combination of buildings and the lot on which the same is located, used wholly or in part for commercial purposes, including but not limited to offices, places of public assembly, shopping centers, supermarkets, retail stores, sharehouses, manufacturing or fabrication plants, gasoline stations and other business uses.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin or other pests.
LITTER
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.
LOT
A plot, tract, premises or parcel of land, with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, junked vehicles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
UNOCCUPIED HAZARD
Any building or part thereof which remains unoccupied for a period of more than ninety (90) days 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 ninety (90) days.
YARD
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 Article shall supplement local laws, ordinances, codes or regulations existing in the Village of Thomaston and the other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this Article 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 or 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.
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 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 by the public.
E. 
Heavy undergrowth and accumulation of plant growth which are noxious or detrimental to health shall be eliminated.
A. 
Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this Article 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. 
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. 
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.
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. 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 material shall be removed, repaired or replaced.
E. 
The owner of a vacated building shall take such steps and perform such acts as may be required of him or her 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 that they shall not become unoccupied hazards as defined in this Article. 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.
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.
A. 
Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter, garbage, refuse and rubbish; 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 codes.
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, and covers shall be kept closed.
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 walking in excess of fifty (50) feet to use any such receptacle.
[Amended 9-28-1993 by L.L. No. 25-1993; 11-8-1993 by L.L. No. 28-1993]
Each occupant of premises in the village shall also be responsible for compliance with the provisions of this Article in regard to the following:
A. 
Maintaining in a clean, sanitary and safe condition the premises which such person occupies or controls.
B. 
Maintaining all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in premises occupied or controlled by such person, in a clean and sanitary condition, and providing reasonable care in the operation and use thereof.
C. 
Keeping exits from such premises as such person occupies or controls reasonably clear and unencumbered as so as not to hinder egress from such premises in case of emergency.
D. 
Disposing of garbage and refuse in a clean and sanitary manner.
E. 
Exterminating insects, rodents or other pests within such premises as are occupied or under the control of such person.
F. 
Maintaining all yards, lawns and courts which such person occupies, or which are under such person's control, in a clean, sanitary and safe condition and free from infestation.
G. 
Installing and removing any required screens in areas under which such person occupies or which are under such person's control.
H. 
Keeping domestic animals and pets in an appropriate manner and under control, as required by this Code.
I. 
Eliminating any and all prohibited uses for that part of the premises which such person occupies or over which such person has control.
A. 
Owners of premises shall be responsible for compliance with the provisions of this Article and shall remain responsible therefor, regardless of the fact that this Article 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 village 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 Article and shall be bound to comply with the provisions of this Article to the same extent as the record owner; and notice to any such person of 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 (1) or more violations of this Article, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this Article.[1]
[1]
Editor's Note: Former §§ 101-20, Penalties for offenses, and 101-22, When effective, which immediately followed this section, were repealed 11-27-1990 by L.L. No. 12-1990.