Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta 5-16-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Building and development — See Ch. 48.
Unsafe buildings — See Ch. 56.
Drainage — See Ch. 84.
Fire prevention — See Ch. 119.
Lawns — See Ch. 148.
Lighting — See Ch. 150.
Abandoned, junked and unlicensed vehicles — See Ch. 207.
Junk storage — See Ch. 209.
Solid waste — See Ch. 234.
This chapter shall be known as the "Property Maintenance Ordinance" of the Town of Henrietta.
All residential, commercial and industrial premises within the Town of Henrietta, whether improved or vacant, shall be maintained in conformity with the provisions of this chapter.
As used in this chapter, 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, warehouses, manufacturing or fabrication plants, gasoline stations and other business uses.
COMPOSTING
The process through which organic materials, such as grass and leaves, are reduced to humus through organic activity for use as a soil amendment, fertilizer or mulch.
[Added 2-18-2015 by L.L. No. 1-2015]
COMPOST PILE
A mixture of decaying organic matter consisting of grass clippings, leaves, and brush when placed in an area to encourage rapid conversion of the constituents into nutrient material used for fertilizing and conditioning land.
[Added 2-18-2015 by L.L. No. 1-2015]
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 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 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 chapter shall supplement local laws, ordinances, codes or regulations existing in the Town of Henrietta and the other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this chapter 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. No drainage shall directly discharge onto any neighboring property.
[Amended 2-18-2015 by L.L. No. 1-2015]
B. 
Fences and other minor construction shall be maintained in a safe and substantial condition.
C. 
Steps, walks, driveways, parking spaces, private roadways 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.
[Amended 2-18-2015 by L.L. No. 1-2015]
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 to the public.
E. 
Heavy undergrowth and accumulation of plant growth which is noxious or detrimental to health shall be eliminated. Ground cover, including grass lawns, shall not exceed six inches in height.
[Amended 6-7-1989; 2-18-2015 by L.L. No. 1-2015]
A. 
Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this chapter 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. 
Shopping baskets, carts or wagons shall not 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 materials 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 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 chapter. 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; provided, however, that this subsection 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. Doors to dumpster enclosures shall remain closed when the dumpster is not in the process of being emptied.
[Amended 2-18-2015 by L.L. No. 1-2015]
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 a person from walking in excess of 50 feet to use any such receptacle.
[Added 2-18-2015 by L.L. No. 1-2015]
A. 
No motor vehicle repair or service station shall openly store or cause to be stored any vehicle which is not actively being repaired or serviced nor any unregistered/unlicensed vehicles for more than three days. An exception may be made when adequate documentation is provided to a code official verifying the need to store a particular vehicle(s), including, but not limited to, a valid or current mechanic's lien, service contract or similar documentation.
B. 
Any vehicle that is determined by a code official to be stored in violation of this section shall be removed from the property.
C. 
This section shall immediately apply to all motor vehicle repair and service stations upon adoption.
[1]
Editor's Note: See also Ch. 207, Vehicles: Abandoned, Junked and Unlicensed.
[Added 2-18-2015 by L.L. No. 1-2015]
A. 
Composting shall be allowed in residential districts only.
B. 
Compost piles/areas may be no larger than eight feet long by eight feet wide and four feet high.
C. 
Compost piles/areas shall be a minimum of 10 feet from any property line.
D. 
Compost piles/areas shall be contained on at least three sides with brick, block, wire fencing, store-bought bins, or a similar method of containment. For those containment areas with three sides, the open side must face the property on which the compost is located.
E. 
Compost piles shall be maintained so as to prevent unpleasant odors from becoming a nuisance to neighbors.
F. 
Compost piles may not contain any of the following items:
(1) 
Any household items that contain meat, fish, bones, fatty foods, grease, oils, lard, etc.
(2) 
Animal wastes, including feces, cat litter or any animal matter or carcasses.
(3) 
Coal ash.
(4) 
Dairy products such as butter, yolks, milk, yogurt, etc.
(5) 
Any item or material not recommended for composting by county, state or federal agencies.
[Amended 2-18-2015 by L.L. No. 1-2015]
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 he occupies or controls in a clean, sanitary and safe condition.
B. 
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which he occupies or controls, in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
C. 
Keeping exits from his building clear and unencumbered.
D. 
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner in accordance with the provisions of the Town.
E. 
The installation and removal of required screens.
F. 
Keeping his domestic animals and pets in an appropriate manner and under control.
G. 
Elimination of all prohibited uses for that part of the premises which he occupies, controls or has accessibility thereto.
[1]
Editor's Note: Original § 205-12 of the 2001 Code, Wrecked or unlicensed vehicles, added 4-6-1988, was repealed 9-6-2006 by L.L. No. 3-2006. (See now Ch. 207, Vehicles: Abandoned, Junked and Unlicensed.)
[Amended 2-15-2006 by L.L. No. 1-2006]
A. 
Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor regardless of the fact that this chapter 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 Town 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 chapter and shall be bound to comply with the provisions of this chapter to the same extent as the record owner, and notice to any such person of any order or decision of the Fire Marshal/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 or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this chapter.
D. 
Owners and operators shall be responsible for the extermination of insects, rodents or other pests within their premises.
[Added 2-18-2015 by L.L. No. 1-2015]
E. 
Owners and operators shall be responsible for the maintenance of yards, lawns and courts in a clean, sanitary and safe condition and free from infestation.
[Added 2-18-2015 by L.L. No. 1-2015]
[Added 4-6-1988; amended 6-20-2001 by L.L. No. 3-2001; 2-18-2015 by L.L. No. 1-2015]
A violation of this chapter or any section or provision thereof shall be an offense and shall be punishable, upon conviction thereof, by a maximum fine of $1,000, imprisonment not to exceed one year, or both. Each day's continued violation, after notice of violation from the Town of Henrietta, shall constitute a separate and additional violation. These penalties shall be in addition to the other remedies of the Town Board provided by this chapter.
[Amended 9-6-2006 by L.L. No. 3-2006]
A. 
Whenever the Town Board learns of any violation of this chapter, the Town Board may adopt a resolution requiring the owner or occupant, or both, as the case may be, of the premises with regard to which a violation has occurred to remedy such violation, specifying the nature of the work to be done and the time within which it shall be completed. A notice of the adoption of such resolution shall be served upon such owner or occupant, or both, by registered or certified mail addressed to his or their last known address. When a notice to perform work is served by registered or certified mail, then an additional copy of the notice shall be posted on the premises.
B. 
The notice shall be in substantially the following form:
To the owner, occupant or person having charge of land within the Town of Henrietta briefly described as follows: (Here describe the subject property.) Notice is hereby given that certain violations of the Code of the Town of Henrietta currently exist at the aforementioned property, namely: (Here cite Code sections violated and describe the work that must be performed to remedy the violations.) and constitutes a public nuisance in the Town of Henrietta. These violations must be remedied by performing the work stated above within 30 days from the date of this notice. If said work is not performed and said violations are not remedied on or before the expiration of said 30 days from the date hereof, you are hereby summoned to appear before the Town Board of the Town of Henrietta, New York, at ....m. o'clock, on the .... day of ......... 20 ...., at which time a hearing will be held to determine whether the conditions on the property constitute a public nuisance and why the Town of Henrietta, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon said property and perform said work. In the event that the Town Board directs that said work be performed the expense incurred by the Town of Henrietta shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.
Dated:
Town Board of the Town of Henrietta
C. 
Whenever such notice has been served upon such owner or occupant, or both, of the respective premises and such owner or occupant shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Town Board shall conduct a hearing before the Town Board, the date, time and place of which must be included in the original notice to perform work. The purpose of the hearing shall be to determine the existence of the violations and whether there was a failure to remedy or repair same.
D. 
Whenever such notice has been served upon such owner or occupant, or both, of the respective premises and such owner or occupant shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Town Board, or its duly authorized agents or employees, shall cause such notice to be filed in the office of the County Clerk in the same manner as a notice of pendency pursuant to Article 65 of the New York Civil Practice Law and Rules.
E. 
Whenever such notice is issued, the Town Board shall also authorize an inspection and report of the subject premises by an official duly appointed by the Town Board. Said official shall prepare a written report and appear at any hearing authorized in this section to offer verbal testimony regarding the same.
F. 
After said hearing, if the Town Board determines that such owner or occupant neglected or failed to comply with the requirements of such notice within the time provided therein, the Town Board shall authorize the work to be done and pay the cost thereof out of general Town funds to be appropriated by the Town Board for such purposes.
G. 
The Town shall be reimbursed for the cost of the work performed or services rendered, by the direction of the Town Board as herein provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered. The expenses so assessed shall constitute a lien and charge on the real property on which they are levied, until paid or otherwise satisfied or discharged, and shall be collected in the same manner and at the same time as other Town charges.