[HISTORY: Adopted by the Common Council of
the City of Ithaca 6-13-2001 by Ord. No. 2001-8. Amendments noted where
applicable.]
The purpose of this chapter is to provide a
minimum standard for the maintenance of the exterior grounds and visible
facades of all properties within the City. This chapter is intended
to help provide stable and inviting neighborhoods and business and
commercial districts and to promote public health and safety by prohibiting
certain deficiencies in exterior property maintenance which create
or contribute to unhealthy or hazardous conditions. This chapter is
also intended to ensure that property owners or their delegated agents
perform such repair and maintenance of properties as will prevent
deficiencies that could become an attractive nuisance with regard
to children, trespassers or household pets or that may attract insect
or animal pests. The adoption and enforcement of this chapter is intended
to serve as a deterrence to substandard exterior property maintenance
and as a tool for protecting property investment, the tax base and
the health, safety and welfare of all City residents.
For the purposes of this chapter, the following
definitions shall apply:
Large items and materials, including furniture (other than
aluminum and plastic yard furniture), house furnishings and large
appliances, such as refrigerators, stoves, washing machines and clothes
dryers.
Grass, leaves, brush, and other plant wastes and soil materials
from gardens, lawns and yards, prepared for collection in conformance
with City requirements.
Yard trimmings, vegetable wastes and other organic matter
managed for the purpose of natural transformation into compost and
stored in a container or compact pile that contains no sewage, sludge
or septage; contains no inorganic materials, such as metal, plastic
or glass; and is maintained in a manner to minimize odors and the
attraction of insect and animal pests.
A bulk storage container for garbage, recyclable materials
and other solid waste that can be hauled directly to the point of
disposal or emptied into a compactor-type truck for disposal.
Includes porch areas and the external walls of a building,
as well as fences and retaining walls.
Discarded materials generated from the activities
of a household, business, institution, or public or quasi-public facility,
consisting of:
Food wastes, including but not limited to kitchen
and table scraps, decaying or spoiled vegetable, fruit and animal
matter, and fallen fruit.
Any other used or discarded waste materials
such as paper, plastic, metal, rags, food wrappings and containers,
sweepings, rubber, leather, cloth, clothing, waste materials from
normal maintenance and repair activities, pasteboard, crockery, shells,
dirt, ashes, wood, and glass.
"Garbage" does not include properly prepared
and stored recyclable materials or collectible yard wastes, properly
stored and maintained composting materials, rubble, bulk items, industrial
waste, hazardous materials, automobile or other motor vehicle tires,
or any other material that the City or private waste hauler has specified
will not be picked up curbside at a property as part of the regular
collection.
Any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn,
painted or engraved on or otherwise affixed to any surface of public
or private property to the extent that the graffiti was not authorized
in advance by the owner or occupant of the property.
Any area of a building or lot, excluding porch areas, not
enclosed within the walls of a building. These terms include any public
rights-of-way which pass through or are adjacent to a property, including
the sidewalk and any area between the sidewalk, if there is one, and
the street pavement.
Means, without regard to amount and/or concentration, petroleum,
petroleum distillates or products, polychlorinated biphenyls (PCB's),
asbestos, formaldehyde, radioactive materials, and any substances
which are defined as (or otherwise included in the definition of)
"hazardous substances," "hazardous materials," "hazardous wastes,"
"toxic substances," "toxic pollutants," "pollutants," or "contaminants"
under any federal or New York State law, statute, rule, regulation,
or code.
Any substance resulting from any process of industry or manufacturing,
including but not limited to chemical waste, sludge from air or water
treatment facilities, and incinerator residue.
Improperly discarded material consisting of but not limited
to paper and plastic bags, bottles, cans, bottle caps, containers,
garbage, paper, newspaper, pieces of paper, paper and plastic cups,
wrappers, articles of clothing, cigarette butts, toilet paper, or
any other trash disposed on the grounds, bushes or trees of a property.
[Added 2-5-2003 by Ord. No. 2003-4]
An exterior device or structure, designed or intended, through
the burning of wood, for the purpose of heating the principal structure,
or any other structure on the premises.
[Added 6-4-2014 by Ord. No. 2014-05]
Includes any open and/or partially enclosed porches or decks,
as well as any entranceways or exitways which are in the public view.
Areas of any property that are visible by pedestrian or vehicular
traffic in the public right-of-way or visible from the exterior ground
level of adjoining properties or properties within 100 feet of the
subject property.
Materials that are defined as "recyclable materials" or "recyclables"
pursuant to Tompkins County laws, rules or regulations, have not become
contaminated through household or other use, and are fit for recycling.
Garbage, recyclable materials and collectible yard wastes
resulting from the normal day-to-day operation of a household, business,
institution or a public or quasi-public facility. "Refuse" does not
include properly stored and maintained composting materials, rubble,
bulk items, industrial waste, hazardous materials, automobile or other
motor vehicle tires, or any other material that the City or private
waste hauler has specified will not be picked up curbside at a property
as part of the regular collection.
The outer cover and its supporting structures on top of a
porch or building.
Waste material typically resulting from construction, demolition
and major renovation activities, including but not limited to waste
cement, concrete, masonry, bricks, tiles, sheetrock, plaster, shingles,
lumber, telephone poles, railroad ties, wooden pallets, doors and
door frames, windows and window frames and any similar material.
A measurable accumulation of snow or ice, not including trace
or flurry events resulting in no measurable ground accumulation of
snow or ice.
[Added 2-6-2008 by Ord. No. 2008-1]
Any materials or substances that are discarded or rejected
as being spent, worthless, useless or in excess to the owners or users
at the time of such discard or rejection, including but not limited
to garbage, refuse, industrial waste, hazardous materials, tires,
rubble, discarded motor vehicles, and discarded bulk items. Notwithstanding
the foregoing, "solid waste" shall not include properly prepared and
stored recyclables or collectible yard wastes, or properly stored
and maintained composting materials. An object shall be presumed to
be discarded or rejected solid waste when the object is stored, placed
or left on the grounds or exterior of the property in the view of
neighbors or passersby under circumstances which meet any of the following
criteria:
The object produces an offensive smell.
The object is of a type designed for interior
use or made of materials which are suitable only for interior use
and the object is left outside and exposed to the weather.
The object has reached a degree of dilapidation
or disrepair that can reasonably be presumed to render the material
unsuitable for or incapable of being used for its original intended
purpose or some other reasonable purpose.
The object is left, placed or stored in a manner
which appears likely to cause injuries.
It shall be the duty and responsibility of all
owners of property in the City of Ithaca to ensure that:
A.
All grounds on the exterior of the premises and all
porch areas are kept free from solid waste, and any litter that has
been cast, blown, thrown, put, placed, or accidentally dropped on
the grounds, bushes, or in trees, and allowed to remain on the grounds,
bushes, or in trees for 24 hours, is removed.
[Amended 2-5-2003 by Ord. No. 2003-4; 4-7-2004 by Ord. No. 2004-7; 6-1-2005 by Ord. No. 2005-10; 2-3-2016 by Ord. No. 2016-02]
B.
All garbage, when stored outside or when stored in
a porch area, is completely contained in nonabsorbent, watertight,
durable containers having a tight-fitting lid in place. Plastic bags
are not considered durable containers. Strong, waterproof plastic
bags may be used to place garbage at the curbside on the evening before
scheduled collections or may be taken to an approved refuse disposal
site. Garbage containers, whether they contain garbage or not, shall
have a tight-fitting lid in place at all times. Tight-fitting lids
shall be placed back on all garbage containers as soon as possible
after garbage collection and, in any event, on the same day as collection.
Any garbage remaining after scheduled pickup must be removed from
curbside as soon as possible after garbage collection and, in any
event, on the same day as collection. Garbage containers shall not
be stored in front yards or any other yards that have frontage on
a public street unless all yards on the property have frontage on
public streets. Prohibited storage areas include the area between
the sidewalk and curb. Composting materials, so long as they are maintained
as defined by this section, shall not be considered garbage. It is
presumed that the contents of any garbage bag or plastic bag or garbage
can is garbage. For purposes of this subsection, "stored" shall mean
located in a general vicinity for at least 24 hours.
[Amended 4-7-2004 by Ord. No. 2004-7; 9-1-2004 by Ord. No. 2004-15; 6-1-2005 by Ord. No. 2005-10; 2-3-2016 by Ord. No. 2016-02]
C.
Solid waste, other than garbage stored in proper containers and in the locations described above, and other than recyclable materials stored in accordance with § 178-3K below, is not stored in the public view for a period in excess of 24 hours, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than 30 days. Reusable household discards may be placed at curbside on special scavenger days designated by the Department of Public Works, but unclaimed discards must be removed by the property owner by the deadline set by the Department. Residents may place reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two successive days.
[Amended 6-1-2005 by Ord. No. 2005-10; 2-3-2016 by Ord. No. 2016-02]
D.
No more than one unlicensed motor vehicle may be stored in the public view in a side or a rear yard, and such storage shall be in compliance with § 325-20. If there is no side or rear yard, one unlicensed motor vehicle may be stored in the front yard in compliance with § 325-20. However, this section shall not apply to a motor vehicle which constitutes solid waste as defined in § 178-2 above, nor shall it apply to licensed car dealers in nonresidential zoning districts. For purposes of this subsection, "stored" shall mean located in a general vicinity for at least 24 hours.
[Amended 2-3-2016 by Ord.
No. 2016-02]
E.
Grass, weeds or other vegetation on grounds and exterior
property are maintained so that the height of the vegetation does
not exceed 10 inches for more than 24 hours, except for trees, bushes
and other vegetation planted, maintained or kept for some ornamental
or other useful purpose. Natural woodlands shall be considered an
ornamental or useful purpose. Premises situated at street intersections
or on curved streets shall be kept in such condition as to give a
clear and unobstructed view of the intersection or curve.
[Amended 2-5-2003 by Ord. No. 2003-4; 2-3-2016 by Ord. No. 2016-02]
F.
The area along public rights-of-way adjacent to or on the property, including but not limited to the area between the front property line or sidewalk and the curb or street pavement, does not for at least 24 hours fail to be maintained in a reasonably clean and sanitary condition free of garbage and/or solid waste, with any grass, weeds and brush in said area cut or trimmed in compliance with § 178-3E above. The planting of annuals and perennials in these sidewalk areas shall be allowed, but the planting of trees or shrubs in these areas shall not be permitted without the approval of the Superintendent of Public Works. Premises situated at street intersections or on curved streets shall be kept in such a condition as to give a clear and unobstructed view of the intersection or curve.
[Amended 2-3-2016 by Ord.
No. 2016-02]
G.
Trees, shrubs or other vegetation are pruned such
that they will not obstruct the passage of pedestrians on sidewalks.
The maintenance of City trees, including trees between the sidewalk
and curb, must be left to the Department of Public Works.
H.
Fences and walls are maintained in a safe and structurally
sound condition.
I.
Steps, walks, driveways, parking spaces, and other
similar paved areas in sidewalks, driveways, and tree lawns are maintained
so as to afford safe passage under normal use and weather conditions.
[Amended 2-5-2003 by Ord. No. 2003-4]
J.
Sidewalks; snow and ice.
[Amended 12-7-2005 by Ord. No. 05-25; 2-6-2008 by Ord. No. 2008-1]
(1)
Sidewalks shall be free from snow and ice for the full paved width of such sidewalk, except within 24 hours after the beginning of a snowfall. Failure to comply shall be punished as provided in § 178-10A(2). Each day that a violation continues shall be considered a separate offense.
(2)
For properties that abut the intersection of two streets, the sidewalks shall include that portion of the sidewalk that runs to the curbline of any street and shall include any access ramps therein. (See § 285-5.)
(3)
When snow and ice on any sidewalk within the time period specified in Subsection J(1) above is frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in Subsection J(1) above be strewn and kept strewn with ashes, sand, sawdust or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in Subsection J(1).
(4)
Whenever any sidewalk is not kept free from snow and ice as defined in Subsection J(1), the Superintendent of Public Works or his or her designee may clear the sidewalk so that it is free from snow and ice and shall notify the City Chamberlain of the expense incurred by the amount of labor equipment and materials used. The minimum charge shall be $50. The City Chamberlain shall promptly present to the owner of any parcel so cleared a bill for the removal of snow and ice, as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property, added to its tax and become a lien thereon, collectible in the same manner as delinquent City taxes. Appeals from this section shall only be permitted if written notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing of the bill from the Chamberlain, and such appeals shall be taken to the Board of Public Works.
K.
Recycling containers and recyclable materials shall not be stored in front yards, or any other yards that have frontage on a public street, unless all yards on the property have frontage on public streets. If recyclable materials are stored in plastic bags, such bags must be made of clear plastic. Recyclable materials placed at curbside before a scheduled collection may not be in plastic bags. This prohibition against the use of plastic bags at curbside shall not apply to collectible yard wastes as long as the provisions of Code § 196-3C(1) are met.
It shall be the duty and responsibility of all
owners of property in the City of Ithaca to ensure that:
A.
Exterior structures are kept free of garbage, unless
stored and completely contained in durable, nonabsorbent, watertight
containers having a tight-fitting lid in place. Plastic bags are not
considered durable containers. It is presumed that the contents of
any garbage bag or plastic bag or garbage can is garbage.
[Amended 4-7-2004 by Ord. No. 2004-7]
B.
All construction and demolition materials and debris,
related to an ongoing construction project with a valid building permit,
is located on exterior structures or in yards and in public view for
no longer than 30 days. Materials that are not part of a valid construction
project authorized by a building permit shall not be stored in public
view and shall be deemed solid waste for the purposes of this chapter.
[Amended 4-7-2004 by Ord. No. 2004-7]
C.
Any exterior structures that are defaced with graffiti
do not remain so defaced for a period longer than 20 days, provided
that, if the subject graffiti can reasonably be interpreted as being
hateful or derogatory towards any person or any group of persons by
virtue of their actual or perceived race, color, religion, age, disability,
marital status, sexual orientation, military status, or national origin,
then the property owner may request that the City remove the graffiti
at no expense to the property owner.
D.
No furniture shall be permitted on any roof that has
not been specifically designed for occupancy and does not have guardrails
meeting the State Building Code requirements at the time of construction.
Roofs shall be kept free of solid waste.
E.
No outdoor wood-burning furnace shall be installed, constructed,
maintained or operated on the exterior property of premises within
the City.
[Added 6-4-2014 by Ord. No. 2014-05]
[Amended 4-7-2004 by Ord. No. 2004-7]
Property owners who do not reside in Tompkins
County or one of its contiguous counties must file an agency agreement
with the City Building Department designating an agent to be responsible
for all of the responsibilities outlined in this chapter, and to accept
service of process on behalf of the property owner. Property owners
residing within Tompkins County or one of its contiguous counties
may delegate the responsibilities outlined in this chapter to an agent
so long as, at the time of any violation of this subsection, an agency
agreement is on file in the City Building Department. The property
owner and agent shall both be liable for violations of this chapter,
and the City may bring an enforcement action against either the property
owner or agent, or both. If a property owner who does not reside in
Tompkins County or one of its contiguous counties fails to file an
agency agreement with the Building Department within 60 days of the
effective date of this chapter, or if the agent designated does not
accept service or denies agency, then the City Clerk shall be deemed
to be the owner's agent for the limited purpose of accepting service
of process on behalf of the owner and service by mail shall be deemed
complete upon mailing by first class mail in the name of the owner
to the address of the property. All agency agreements shall be in
the form specified by the City Building Department and shall contain
at a minimum the following information: the identity of the owner
and the agent, the owner's and agent's addresses and current phone
numbers, the property or properties the agent is accepting responsibility
for, the beginning and ending date of the agreement, and the signatures
of both the property owner and agent, along with each party's date
of birth. The agent must be a resident of or maintain business in
Tompkins County. Post office boxes will not be accepted as addresses
for agents. The owner shall be responsible for informing the Building
Department, in writing, of changes to the owner's and agent's addresses
and telephone numbers that occur after the owner files the agency
agreement with the Building Department. The property owner may not
designate a residential tenant as the agent pursuant to this section,
except where such designation is contained in an employment agreement
between the property owner and the tenant. The employment agreement
shall not be contained in the lease agreement between the property
owner and the tenant, and the tenant's acceptance of designation as
the agent shall not be a condition of the lease agreement.
For new construction of multiple dwellings, commercial buildings, and office buildings, facilities for the storage and collection of solid waste and recyclable materials shall be subject to and meet the requirements of Code § 276-7A(12).
A.
Except as otherwise specified in this subsection, in any case in which the City intends to correct a violation of this chapter and then bill the property owner for the correction of the violation, the Director of Planning and Development or his/her designee shall notify the owner of the property and, where relevant, the registered agent who has assumed responsibility as outlined in § 178-5 of this Code, in writing, of any violation of this chapter.
B.
In the case of a violation of § 178-3J (i.e., failure to clear snow or ice from a sidewalk), notice of such violation or of the City’s intention to remedy the violation shall not be required prior to the clearing of such snow or ice by direction of the Superintendent of Public Works, as provided for in § 178-3J(4); in that case, the bill for such clearing from the City Chamberlain as provided for in said subsection shall constitute notice of the violation and shall also state that the property owner may contest the billing by making a written request for a hearing before the Board of Public Works in the manner provided for below.
C.
Any other
notice required by this section shall be served in person or by mail
to the address appearing on the City tax roll, requiring such person,
within a time specified in such notice but in no event less than five
days from the service or mailing thereof, to comply with this chapter
and to cause the grass, brush or solid waste to be cut back or removed
or, if graffiti, to have the same removed so as to comply with this
chapter. In the event that graffiti removal is ordered during the
winter months, then, upon receipt of a written request from the property
owner or agent within the time specified in the notice for removal,
the Director of Planning and Development or designee may, in his or
her discretion extend the compliance period. Such notice shall also
state that the property owner may contest the finding of the Director
of Planning and Development or designee by making a written request
to have a hearing on the matter held at the next regularly scheduled
meeting of the Board of Public Works.
D.
Any request
for such a hearing must be mailed and postmarked or personally delivered
to the Director of Planning and Development or designee within the
five-day compliance period (or, in the case where the City has billed
the property owner for removal of snow or ice from a sidewalk, within
five days of the mailing of such bill), and any such written request
for a hearing shall automatically stay further enforcement concerning
the alleged violation pending such hearing. The decision of the Board
of Public Works, by majority vote, shall be binding, subject to any
further judicial review available to either the City or the property
owner.
E.
Upon the failure of a property owner to comply with the requirements of § 178-3J of this chapter, or with the notice of violation of any other provision of this chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated in such notice, or upon a Board of Public Works’ determination, after such a hearing, that a violation exists), the Director of Planning and Development or designee shall refer the matter, by memorandum, to the Superintendent of Public Works, who shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a charge of 50% for supervision and administration. The minimum charge to the property owner for such work shall be $50. Bills rendered for such services shall be handled in the manner prescribed by § 178-3J of the Code.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
In cases where the Board of Zoning Appeals finds
that a property is of such size or of such topographical characteristics
as to make compliance with this chapter impractical or a financial
hardship to the owner, the Board may grant an exemption (or a partial
exemption to the extent dictated by the special circumstances) from
the requirement. Similarly, if the Board finds that there exists a
situation involving desirable plant species or animal habitats deemed
worthy of preserving, it may grant an exception from the requirements.
[Amended 2-5-2003 by Ord. No. 2003-4]
Property owners shall be liable for any injury or damage resulting from or caused by reason of omission, failure or negligence to maintain the area between the sidewalk and the curb of the street in the manner described in § 178-3F and to maintain steps, walks, driveways, parking spaces, and other similar paved areas in sidewalks, driveways, and tree lawns in the manner described in § 178-3I.
[Amended 12-7-2005 by Ord. No. 05-21; 10-3-2012 by Ord. No.
2012-09]
A.
Civil penalties.
(1)
Any property owner and/or agent who violates any provision of this chapter or of § 325-29.3, except those provisions specified in Subsection A(2) below, shall be liable for a civil penalty of $25 for the first violation at a property within a six-month period, $50 for a second violation at the same property within a six-month period, and $100 for a third or subsequent violation at the same property within a six-month period. For any fine not paid within six months of the date of the offense, there shall be a late penalty in the amount of 20% of the fine added to the amount due, such late penalty waivable for good cause shown.
[Amended 2-3-2016 by Ord.
No. 2016-02]
(2)
Any property owner and/or agent who violates § 178-3(B), solely insofar as to fail to have a tight-fitting lid in place on garbage containers, shall be liable for a civil penalty of $10 for each such violation. Any property owner and/or agent who violates § 178-3(G), (I) or (J), regarding obstruction and/or safety of walkways, shall be liable for a civil penalty of $40 for the first violation at a property within a twelve-month period, $60 for a second violation at the same property within a twelve-month period, and $100 for a third or subsequent violation at the same property within a twelve-month period.
[Amended 2-3-2016 by Ord.
No. 2016-02]
(3)
Each violation of this chapter or of § 325-29.3, and each day during which a violation continues, shall be deemed to be a separate violation.
(4)
The
City Attorney or his or her designee may commence an action or special
proceeding against the violator in a court of competent jurisdiction
to collect these penalties, together with costs, disbursements and
recoverable attorneys' fees, and/or to compel compliance with or restrain
by injunction any such violation.
(5)
When
the City Attorney obtains a judgment in an action or proceeding under
this section either against the property owner or agent, or both,
in addition to the appropriate methods for enforcement of judgments
established in the Civil Practice Law and Rules, such judgment for
penalties may constitute a lien, be a lien on the subject property
and on the rents therefrom, or may be collected in the manner of any
other civil judgment.
(6)
In
the event a defendant property owner does not answer a ticket within
six months of the court date specified on the summons, the court having
jurisdiction shall enter a default plea of guilty on behalf of the
defendant property owner and render a default civil judgment of the
fine specified in this section. Upon motion by the defendant property
owner with good cause for the default shown and a meritorious defense
asserted, the court shall vacate the default plea of guilty. Mailing
the summons to an address other than the one specified in the Building
Department file shall also be grounds to vacate the default plea of
guilty.
B.
Appearance tickets and appeals. Notwithstanding any contrary Code provision, appearance tickets may be issued by the Director of Planning and Development and/or his/her designee(s) charging violations of this chapter or of § 325-29.3 whenever there is probable cause to believe that said violations have occurred. Any rights to administrative appeals to any board or commission of the City of Ithaca mentioned elsewhere in this Code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of this chapter or of § 325-29.3. Any right to an administrative appeal from a decision or determination of the Director of Planning and Development or other City official with regard to the above Code chapter and section shall apply only in cases in which the City intends to correct the violation and seek to charge the property owner or agent for the costs of correction. Service by first class mail of an appearance ticket to the property owner at the property address or other address indicated by the owner, or if an agent has been designated pursuant to § 210-81 to that agent, shall be deemed complete.
[Amended 6-5-2013 by Ord. No. 2013-15; 2-2-2022 by Ord. No. 2022-01]
