[HISTORY: Adopted by the Town Board of the
Town of Henrietta 5-16-1979. Amendments noted where applicable.]
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:
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.
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]
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]
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 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.
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.
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.
[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.
[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; 9-27-2023 by L.L. No. 9-2023]
A.
Failure
to comply with any provision of this chapter shall constitute a violation,
and, upon conviction thereof, shall be subject to a fine not to exceed
$1,000. Each day's continued violation shall constitute a separate
additional violation.
B.
Remedies
not exclusive. No remedy or penalty set forth herein shall be the
exclusive remedy available, and each remedy or penalty set forth herein
shall be in addition to other remedies which may be available to the
Town, including, in particular, but not limited to, any penalties
available under NY State Law.
[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.
