[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:
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.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
The presence of insects, rodents, vermin or other pests.
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.
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.
All putrescible and nonputrescible solid wastes, including garbage,
rubbish, ashes, street cleanings, dead animals, junked vehicles and solid
market and industrial wastes.
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.
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.
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.
