No person owning, leasing, renting, occupying,
being in possession of or having charge of any property in the Town,
including vacant lots, shall maintain or allow to be maintained on
such property, except as may be permitted by any other Town ordinance,
any of the following conditions:
A.
Junk, trash, litter, boxes, discarded lumber, salvage
materials, or other similar materials in any front yard, side yard,
rear yard, or vacant lot;
B.
Attractive nuisances dangerous to children, including,
but not limited to, abandoned, broken or neglected equipment, machinery,
refrigerators and freezers, excavation, wells, or shafts;
C.
Broken or discarded furniture, household equipment
and furnishings in any front yard, side yard, rear yard, or vacant
lot;
D.
Shopping carts in any front yard, side yard, rear
yard, or vacant lot of any property;
F.
Vehicle component parts or other articles of personal
property which are discarded or left in a state of partial construction
or repair in any front yard, side yard, rear yard, or vacant lot;
G.
Any accumulation of weeds, brambles, berry vines,
or other vegetation which is overgrowing any structure or which exceeds
an average height of 10 inches, except that which is kept in a neat
and orderly manner for human consumption, or any accumulation of dead
organic matter, offal, rat harborages, stagnant water, combustible
materials and similar materials, or conditions which would constitute
a fire, health, or safety hazard. However, this does not apply to
cultivated flowers or gardens.
H.
Dilapidation or state of filthiness or uncleanness
of any dwelling or other structure which endangers health or life
or which permits entrance by rats, mice, or other rodents, or by which
conditions it attracts rats and other vermin;
I.
Any drainage that adversely affects neighboring properties;
or
J.
Any violation of the New York State Uniform Fire Prevention
and Building Code.
A.
Exterior walls, roofs, and porches or appurtenances
thereto shall be maintained in a manner so as to prevent collapse
of the same or injury to the occupants of the building or to the public.
B.
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
C.
Exterior walls, roofs, and other parts of buildings
shall be free from loose and unsecured objects and material and improperly
secured objects and materials. Such objects or materials shall be
removed, repaired, or replaced.
D.
The owner of vacated buildings shall take such steps and perform such acts as may be required 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 covered with painted, exterior-grade plywood closures, and securely fastened to prevent trespassing. See Chapter 75.
E.
Buildings and structures shall be maintained in such a condition that they shall not become unoccupied hazards as defined in Chapter 75 of the Code of the Town of Niskayuna. All graffiti or defacing shall be removed and the surface finish restored within five days of written notice from the Building Inspector/Code Enforcement Officer.
F.
All signage and lighting systems shall be maintained
in a completely operable, clean, and safe condition.
G.
All swimming pools shall be maintained and operated
in a clean, safe, and sanitary manner. Swimming pool recirculation
and disinfection equipment shall be operated to maintain water quality.
Swimming pool equipment and appurtenances shall be operated and maintained
in accordance with approved plans and specifications.
H.
All decorative pools, fountains, architectural garden
features, and similar items shall be maintained free of litter and
operated as intended. Should these devices be abandoned or should
they deteriorate because of lack of adequate maintenance, the owner
shall either repair, remove, or replace these items within five days
of written notice.
I.
Grass lawns on any lot improved with structures shall
be maintained free of unrestrained growth. Nothing in this chapter
shall be construed to prohibit gardens, woods, generally-recognized
groundcovers and lawn grasses, or properly maintained compost piles.
J.
Placement of animal feed on the premises for the purposes
of feeding nondomesticated animals shall be carried out in a manner
that avoids a noxious impact on the premises or the neighborhood and
that avoids detriment to public health or safety.
K.
The maintenance of fences on properties shall be the
responsibility of the owner of the fence.
A.
Commercial buildings and properties shall, at all
times, be maintained in compliance with the provisions of this chapter
regarding open spaces, buildings or structures, and littering.
B.
No outside storage or accumulation of garbage, crates,
pallets, rubbish, refuse, or debris shall be permitted at any time,
and all such garbage, crates, pallets, rubbish, refuse or debris shall
be kept inside the building or buildings on the premises, or in a
screened enclosure, and shall be collected and removed from the premises
on no less than a weekly basis unless prior approval is granted by
the Planning Board and Zoning Commission.
C.
No shopping baskets, carts, or wagons shall be left
unattended or standing in open areas, and they 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, or to a designated
storage area which does not hinder pedestrian or vehicular movement.
In regards to businesses which operate 24 hours per day, unattended
shopping baskets, carts, or wagons shall be collected a minimum of
two times during each twenty-four-hour period in the manner described
above.
D.
The maintenance of all fences and planting areas installed
on the premises shall be the responsibility of the owner of the property.
Such maintenance shall include, but not be limited to, the removal
and/or replacement of trees and shrubs which may die and/or otherwise
be destroyed and the removal and/or replacement of fences which may
fall into disrepair. Additionally, lawns and those grassy areas which
are viewed by customers and passing motorists shall be maintained
in a neat manner.
E.
All signage and lighting systems shall be maintained
in a completely operable, clean, and safe condition.
A.
Surface and subsurface water (with the exception of
regulated freshwater wetlands or other bodies of water protected by
either local, state, or federal law) shall be appropriately managed
to protect buildings and structures. Gutters, culverts, catch basins,
drain inlets, stormwater sewers, or other appropriate drainage systems,
shall be utilized where necessary. No roof, surface, or sanitary drainage
feature 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 usable manner.
C.
Steps, walks, driveways, parking spaces, and similar
paved areas shall be maintained so as to afford safe passage under
all weather conditions. Any holes or other hazards that may exist
shall be filled, and necessary repairs or replacements 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 which will prevent dust, sand, litter, and
other objects which are a danger to public health or safety, from
being blown about the neighborhood. Open wells, cesspools, and 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.
F.
Yards and vacant lots shall be maintained free of
accumulations of animal excrement which create a noxious impact on
the premises or the neighborhood.
A.
All buildings, structures, and properties shall be
maintained free of insect, vermin, and rodent harborage and infestation.
Methods used for exterminating insects, vermin, and rodents shall
comply 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.
All properties, whether improved or vacant, shall
be maintained free of litter, provided, however, that this chapter
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 appliance may be discarded, abandoned, or stored
outdoors in any manner without first completely removing any locking
devices and all doors.
D.
Dumpsters and similar large receptacles shall be screened
from public streets, rights-of-way, and areas where pedestrians frequently
travel. Said screening shall consist of a solid row of evergreens,
or solid fencing to hide the dumpster/receptacle from public view.
E.
Shopping centers, supermarkets, and similar business
units shall provide permanent and sanitary litter receptacles within
the interior of the premises for public use in sufficient quantity
to prevent a person from walking in excess of 100 feet to use any
such receptacle. Receptacles shall be of sufficient size to accommodate
small items of patron's trash (i.e., shopping lists, tissues, gum
wrappers, etc.).
During the development, improvement, or construction
of any site for any purpose, the owner and applicant, as identified
on the building permit application, shall take appropriate measures
to ensure the following:
A.
Dust, blowing sand, dirt, and sediment shall be controlled
so as not to pose a nuisance, health, or safety risk to motorists
or neighboring property owners.
B.
Erosion and siltation shall be confined to the site
being developed. Neighboring properties and roadways shall not be
impacted by erosion, blowing sand, dirt, or siltation as a result
of construction activities.
C.
Construction debris/litter shall be confined on the
site so as not to impact neighboring properties and roadways.
A.
Owners, operators, and tenants shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor, regardless of any agreement purporting to delegate the responsibilities set forth herein, with the exception of those responsibilities charged to occupants as designated in § 139-12.
B.
Owners and operators of buildings shall be responsible
for the proper installation, maintenance, condition, and operation
of service facilities. Owners and operators shall furnish adequate
heat, hot water, and air conditioning when contractually responsible
to do so.
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 is
occupied or controlled in a clean, sanitary, and safe condition.
B.
Keeping exits from the building or apartment clear
and unencumbered from his/her possessions.
C.
Daily disposal of garbage and refuse into provided
facilities in a clean and sanitary manner.
D.
Providing for safe and sanitary disposition and storage
of newspapers, glass, plastic products, yard clippings, and any other
item required to be recycled in accordance with other Town laws, ordinances,
codes, or rules.
E.
Keeping domestic animals and pets in an appropriate
manner and under control.
A.
This chapter may be enforced by the Building Inspector,
Code Enforcement Officer, or by any police officer of the Town of
Niskayuna Police Department or a duly appointed representative by
the Niskayuna Town Board. Said persons shall have authority to enforce
the provisions of this chapter and to inspect premises within the
Town as necessary for said enforcement.
B.
Any property found to be maintained in violation of
this chapter is hereby declared to be a public nuisance and shall
be abated by rehabilitation, removal, trimming, demolition, or repair.
C.
The property owner shall have the ultimate responsibility
for compliance with all provisions of this chapter.
A.
After the Building Inspector/Code Enforcement Officer
has determined that there is a specific violation to this chapter,
a written notice will be sent to the occupant or owner of the property
directing compliance with this chapter within five days after receipt
of such notice. The notice shall be sent by certified mail, return
receipt requested. Possession by the Building Inspector/Code Enforcement
Officer of the US Postal receipt indicating delivery of the notice
to the addressee, whether the receipt is signed by the addressee or
by a third party, shall constitute conclusive proof of the receipt
by the addressee of said notice. The five-day period shall commence
on the date of the delivery of the notice as indicated on the postal
receipt. The notice may also be personally served on the addressee,
in which event the respective five-day period shall commence on the
date of the personal service of the notice.
B.
If the notice cannot be either personally served on
the record owner or be delivered by certified mail because the record
owner cannot, with due diligence, be ascertained, or is not locatable,
then the notice may be served by publication. The notice shall be
published in the official newspaper of the Town once in each of two
successive weeks. If there is a building situated on the property,
the notice shall also be posted on the front door of the structure.
The five-day period shall commence on the sixth business day following
the date of the second publication of the notice.
A.
The notice referred to in § 139-14, served upon the owner of the subject property, shall advise the owner that if the violation(s) is not corrected within said five-day period, the Town will proceed with the removal and disposition of said violation(s) following said notice period and shall cause the costs of such removal and disposition to be charged against the owner and the subject property. The notice shall also advise the owner of the subject property that the owner may be personally liable for such costs in an action by the Town.
B.
The notice, when it includes provisions pursuant to Subsection A, shall also advise the owner of the subject property that the owner shall be entitled to a hearing before a review board comprised of three members from the Town, being the Building Inspector/Code Enforcement Officer, a member of the Planning Board and Zoning Commission and a member of the Zoning Board of Appeals, on any matter the owner wishes to address relating to the existence of the violations of this chapter and the removal thereof from the subject property. The request for a hearing before the review board must be made in writing by the owner of the subject property prior to the expiration of the five-day notice period. The request must be in writing, directed to the Town Building Inspector/Code Enforcement Officer. If a hearing is not requested, the Town shall be entitled to go upon the property upon the expiration of the notice period and, utilizing either Town personnel or independent contractors, to correct the violation. If a hearing is requested by the owner of the subject property, it shall be held within 10 days of the date on which the request is received by the Town. At the hearing, the owner shall be advised of the amount of money which is estimated will be expended by the Town to correct the violation. The owner of the subject property will be responsible for the payment of that amount and that said amount will be assessed as a lien against the property. At the conclusion of the hearing, the review board shall determine if corrective measures by the Town should proceed at the expiration of the respective notice period, and the cost thereof shall be collected from the owner of the subject property or charged against the subject property as hereinbefore mentioned.
C.
The owner shall have five additional days to correct
the violation beyond the original notice period in the event that
a hearing is held at the request of the owner of the subject property
and the owner receives the written decision of the review board. If
the owner of the subject property defaults in the removal of the violation,
the Town shall be entitled to go upon the subject property and, utilizing
either Town personnel or independent contractors, to correct the violation.
D.
The determination of the review board of the Town
shall be subject to review in an Article 78 proceeding.
E.
All relative costs to correct the violation by the
Town may be collected from the owner of the subject property in a
civil action by the Town. In addition thereto, or in lieu thereof,
such costs may be assessed as a lien against the subject property
of the owner and enforced in accordance with the procedure prescribed
in Article 3 of the Lien Law for the enforcement of mechanics' liens
on real property.
Any person or persons, association, firm, or
corporation who shall violate any of the provisions of this chapter
shall be guilty of an offense and shall be punishable by a minimum
fine of $50, not more than $500, or imprisonment for not more than
30 days, or both. Each day that a violation continues shall be deemed
a separate offense.