[HISTORY: Adopted by the Town Board of the
Town of Malta 4-3-2000 by Ord.
No. 1-2000. Amendments noted where applicable.]
This chapter shall be known as the "Property
Maintenance Ordinance" of the Town of Malta.
[Amended 1-5-2004 by L.L. No. 1-2004]
The purpose of this chapter is to provide for
a sanitary and hazard-free environment for the citizens of the Town
of Malta. This type of environment is declared to be of vital importance
to the health, welfare and safety of the citizens of the Town of Malta,
as is the safeguarding of their material rights against unwarranted
invasion and the protection of the public health. Such an enforcement
is deemed essential to the maintenance and continued development of
the economy of the Town of Malta and the general welfare of its citizens.
Therefore, recognizing the above and the need of the community for
an effective and well-regulated procedure for the disposal of garbage
and rubbish, and for the maintenance of residential and commercial
premises, whether improved or vacant, the Town Board does hereby enact
this chapter. Nothing in this chapter is intended to supplant or replace
provisions of New York State's Fire Safety and Building Code
As used in this chapter, the following terms
shall have the meaning indicated:
Includes any stove, washing machine, dryer, freezer, refrigerator
or other household device or equipment abandoned, junked, discarded,
wholly or partially dismantled or no longer intended or in condition
for ordinary use for the purpose for which it was designed originally.
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, restaurants, supermarkets, retail stores, warehouses, manufacturing
or fabrication plants, gasoline stations and other business uses.
Any person, firm, corporation, partnership or other association
engaged in the business of collecting, disposing or transporting garbage,
refuse or waste material in any part of the Town of Malta.
Any refuse from animal and vegetable matter, waste food or
parts thereof, refuse from a kitchen, market, store or house, floor
sweepings, table waste or animal or vegetable matter, meats, fish,
bones, fan and all offal and organic waste substance or substances
capable of decay.
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 or apportioned
for sale or other purpose.
Includes any and all vehicles propelled or drawn by power
other than muscular power, intended for use on public highways; any
unregistered, old or secondhand motor vehicle or trailer; any motor
vehicle in such condition or state of repair that it cannot be licensed
immediately without extensive repairs; any abandoned, junked, discarded,
wholly or partially dismantled motor vehicle no longer intended or
in condition for legal use on the public highways or any vehicle incapable
of passing a New York State inspection. This does not include inoperable
farm or construction vehicles, equipment or machinery retained for
the purpose of salvaging usable parts in connection with the ongoing
operation of an on-site farm or construction business, provided that
such items are stored within a consolidated area out of the public
view.
Includes, but is not limited to power machines, lawn mowers,
motors, or parts that were once motorized equipment.
Includes the placing, maintaining or keeping of any motor
vehicle, appliance, motorized equipment, rubbish and debris, as the
same are defined herein, in a place other than a structure with a
roof and fully enclosed on all sides.
The person having legal title to the property and also the
person shown as owner of the property on the current assessment rolls
of the Town of Malta.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, unincorporated
associations, their agents or employees, society clubs and all other
entities of any kind capable of being sued.
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the Town of Malta, but not including land used for agriculture
purposes.
A nuisance which is a thing, act or occupation or use of
property, premises, equipment or structure, either private or public,
affecting the health of one or more persons.
Plastics, combustible trash, including but not limited to
paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches,
yard trimmings, wood furniture and bedding. Also included is noncombustible
trash, including but not limited to tires, metals, cans, plastics,
metal furniture, small quantities of rock, brick and concrete, glass,
metal fixtures, bottles and street rubbish, street sweepings, dirt,
leaves, catch-basin dirt and contents of litter receptacles, ashes,
dead animals, junked vehicles, solid market and industrial wastes,
cardboard, leaves, crockery and similar materials.
Any person having a domicile within the general limits of
the Town of Malta, including landlords and tenants. The term shall
also include any person, firm, partnership, corporation or other association
operating an established business within the limits of the Town of
Malta.
A building or combination of buildings used solely for personal
living purposes of the occupants thereof, whether as owners or tenants
thereof, and not used for any business purposes.
Includes, but is not limited to, waste produced by industrial
or manufacturing processes, including food processing waste, boiling
house cinders, lumber scraps and shavings, tires and oils and large
amounts of wood, concrete, rocks, brick, sand and other wastes from
building operations.
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.
A.
All residential and commercial premises located within
the Town of Malta, whether improved or vacant, shall be maintained
in conformity with the provision of this chapter.
B.
This chapter does not apply to agricultural operations
within the Town, except to dwellings on agricultural land.
[Amended 1-5-2004 by L.L. No. 1-2004]
[Amended 1-5-2004 by L.L. No. 1-2004]
The provisions of this chapter shall supplement
all local laws, ordinances, codes or requirements existing in the
Town of Malta and the other statutes and regulations of municipal
authorities having jurisdiction applicable thereto, except for the
New York State Fire Safety and Building Code. Where a provision of
this chapter is found to be in conflict with any provision of any
existing local law, ordinance or regulation, the provisions 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. This section shall not apply
to fences used strictly for agricultural purposes.
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 to the
public.
In business units, 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.
A.
Grounds, buildings and structures within the Town
of Malta shall be maintained free of insects, vermin and rodent harborage
and infestation. Methods used for exterminating insects, vermin and
rodents shall conform with generally accepted standards.
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 and business premises within the Town
of Malta, whether improved or vacant, shall be maintained free of
litter; provided, however, that this section shall not prohibit the
storage of litter for a reasonable period of time in authorized private
receptacles for collections.
B.
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling, disposal of garbage and
refuse in accordance with the provisions of applicable codes.
C.
It shall be unlawful for any person to throw, spill,
place, deposit, leave or cause to be thrown, spilled, placed, deposited
or left, or permit any agent, servant or employee to throw, spill,
place, deposit or leave, in or upon any street, highway, alley, sidewalk,
park or public building or in any running water or body of water within
the Town of Malta, any garbage, refuse, rubbish, waste material or
litter or filth, including but not limited to sewage, excrement, slops,
dead carcasses, compost, ashes, soot or any material subject to be
carried by the wind or unwholesome or putrescible matter of any kind.
A.
It shall be unlawful for any person, as owner, occupant,
lessee, agent or in any capacity, to store, deposit, place, maintain
or cause or permit to be stored, deposited, placed or maintained outdoors
any abandoned, junked, discarded, wholly or partially dismantled or
unlicensed motor vehicles or vehicle, motorized equipment, appliance,
rubbish or debris, as defined in this chapter upon private property
within the corporate limits of the Town of Malta.
B.
No appliance may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking device and all doors.
It shall be unlawful for any owner, lessee or
occupant, or any agent, servant, representative or employee of any
such owner, lessee or occupant, having control of any occupied or
unoccupied yard or any part thereof, in the Town of Malta to permit
or maintain on any such street, road, highway or alley adjacent to
same between the property line and the curb or middle of the alley,
or for 10 feet outside the property line if there be no curb, any
growth of weeds, grass or other rank vegetation to a greater height
then 12 inches on the average or any accumulation of dead weeds, grass
or brush.
A.
It shall be unlawful for any person, as owner, lessee,
agent, tenant or otherwise, to throw, cast, spill or otherwise deposit
or cause or permit to be thrown, cast, spilled or deposited any litter,
rubbish and refuse, garbage, manure, offal or other decomposable organic
or putrescible matter in or about any land or lot, vacant or otherwise,
within the Town of Malta.
B.
Nothing in this section shall be construed to prohibit
the temporary storage of garbage, refuse and waste material awaiting
removal, provided that such storage is accomplished by way of tightly
covered containers or cans wherever practicable, nor shall this section
be construed as prohibiting the depositing of manure or fertilizers
upon any private property for the purpose of cultivating or improving
the same.
A.
An occupant or tenant of the premises shall be responsible
for compliance with this chapter as if he/she were an owner.
B.
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 tenants or occupants and regardless of any agreements between owners
and tenants or occupants as to which party shall assume such responsibility.
C.
Whenever any person or persons shall be in actual
possession of, or have charge, care or control of any property within
the Town of Malta 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 Code Enforcement Officer 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.
A.
The Code Enforcement Officer of the Town of Malta,
as designated by the Town Board of such Town, shall have authority,
as specified herein, to inspect all premises within the Town of Malta
to enforce the provisions of this chapter.
B.
Whenever it shall appear that the provisions of this
chapter are being violated, the inspector shall, except upon plain
view where no entry is necessary, secure approval from an owner, lessee,
agent, tenant or other person with authority to make an inspection
of the property and shall prepare a written report of the condition
found.
[Amended 1-5-2004 by L.L. No. 1-2004]
A.
If the condition existing on property violates the
provisions of this chapter, the Code Enforcement Officer shall serve
or cause to be served a written notice, by certified mail or personal
service as the same is defined in New York's Civil Practice Law and
Rules, §§ 307 through 318, upon the owner, lessee, agent,
tenant or other person with authority over said premises, and simultaneously
provide a copy of the same to the Town Board.
B.
Said notice shall contain substantially the following:
the name of the owner, lessee, agent, tenant or other person with
authority over the premises; the identification of the premises as
the same appears on the current assessment roll of the Town; a statement
of the manner in which the premises is in violation of this law, and
a demand that the same be brought into compliance in a reasonable
period of time to be stated in the notice, such period not to exceed
ninety days or be less than seven days from the date of service of
the notice.
C.
Upon the failure of the owner, lessee, agent, tenant
or other person with authority over the premises to correct the violation
after receipt of the notice, the enforcement officer may file a complaint
with the Town of Malta Justice Court. In addition to the above-provided
penalties, the Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of any section
of this chapter.
Every person convicted or violating this chapter
shall, for a first conviction thereof, be punished by a fine of not
more than $250 or by imprisonment for not more than 20 days, or both
such fine and imprisonment; for a second conviction within 18 months
thereafter, such person shall be punished by a fine of not more than
$500 or by imprisonment for not more than 60 days, or by both such
fine and imprisonment; and upon a third or subsequent conviction within
18 months after the first conviction, such person shall be punished
by a fine of not more than $1,000 or by imprisonment of not more than
90 days, or by both such fine and imprisonment.
[Amended 1-5-2004 by L.L. No. 1-2004; 11-3-2010 by L.L. No.
9-2010]
In the event of the failure, refusal or neglect of the person so notified to comply with said notice and demand of the Code Enforcement Officer, the Town Board may provide for the amelioration of the condition or conditions in violation of this chapter either by Town employees or by contract, and shall charge the cost of such amelioration to the owner of the premises, said cost to be paid within 90 days of service of a bill by the methods set forth in § 121-15A. Collection of such costs may be made pursuant to any of the methods set forth in this chapter, as well as by any means set forth in Chapter 88.
[Amended 1-5-2004 by L.L. No. 1-2004]
If the cost billed pursuant to § 121-17 has not been paid within 90 days of the date of service, the charge shall be assessed against the premises brought into compliance with the chapter, and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
