It is hereby found and declared that there exist
in the City of Hornell structures used for residential and nonresidential
use which are or may become in the future substandard with respect
to structure, equipment or maintenance or further that such conditions,
including but not limited to structural deterioration; lack of maintenance
and appearance of exterior of premises; infestation; lack of essential
heating, plumbing, storage or refrigeration equipment; lack of maintenance
or upkeep of essential utilities and facilities; existence of fire
hazards; inadequate provisions for light and air; and unsanitary conditions,
constitute a menace to the health, safety, morals, welfare and reasonable
comfort of the citizens and inhabitants of the City. It is further
found and declared that, by reason of lack of maintenance and because
of progressive deterioration, certain properties have the further
effect of creating blighting conditions and initiating slums and that,
if the same are not curtailed and removed, the aforesaid conditions
will grow and spread and will necessitate in time and expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason of timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
The purpose of this code is to protect the public
health, safety, morals and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
residential and nonresidential premises; to establish minimum standards
governing utilities, facilities and other physical components and
conditions essential to make the aforesaid facilities fit for human
habitation, occupancy and use; and to fix certain responsibilities
and duties upon owners and operators and distinct and separate responsibilities
and duties upon occupants.
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY BUILDING
A structure, the use of which is incidental to that of the
main building, and which is attached thereto or is located on the
same premises. [9NYCRR 606.3(a)(1)].
BILLBOARDS (See "signs")
A.
A flat surface (as of a panel, wall or fence)
on which bills are posted; a large panel designed to carry outdoor
advertising.
B.
A sign or structure which directs attention
to an idea, product, business activity, service or entertainment which
is conducted, sold or offered elsewhere than upon the lot on which
such sign is situated.
BLIGHT
Something that impairs or destroys; an impaired condition;
to cause to deteriorate, ruin.
BUILDING
A structure, wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
CITY
The City of Hornell.
CONSTRUCTION DEBRIS
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse resulting from the erection,
repair, demolition or other improvement of property.
DEBRIS
To break to pieces: the remains of something broken down
or destroyed; ruins.
DETERIORATION
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
DWELLING, MULTIPLE
A.
A building containing three or more dwelling
units; building containing living, sanitary and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families; a building with one or more sleeping
rooms, other than a one- or two-family dwelling, used or occupied
by permanent or transient paying guests or tenants; a building with
sleeping accommodations for more than five persons used or occupied
as a club, dormitory, fraternity or sorority or for similar uses;
a building used or occupied as an old-age home or community residence
[9NYCRR 606.3(a)(141)].
B.
A building containing three or more dwelling
units with shared or individual entrances and/or other essential facilities
and services. This term shall not be deemed to include motel, hotel,
rooming house or other accommodations used for more or less transient
occupancy.
C.
A building or portion thereof containing three
or more dwelling units and designed or used for occupancy by three
or more families living independent of each other.
EXPOSED TO PUBLIC VIEW
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
EXTERIOR OF PREMISES
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
FENCE
A barrier intended to prevent escape or intrusion or to mark
a boundary, such as a barrier made of posts and wire or boards; an
artificially constructed barrier of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials erected
for the enclosure of yard areas.
GARBAGE
A.
Food wastes; refuse; the worthless or useless
part of something; leavings; trash.
B.
Wastes from the preparation, cooking or serving
of food; market wastes; and wastes from the handling, storage and
sale of produce.
GOOD WORKING REPAIR
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
JUNK
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
machinery, machines, unregistered motor vehicles which are unfit for
reconditioning, used parts of motor vehicles and any material commonly
known and generally referred to as "junk" in the ordinary and accepted
meaning of the word.
JUNKYARD
Any tract of land within the City of Hornell on which junk
is placed, collected, stored, kept, maintained or located.
OCCUPANT
The person in occupancy, in possession or in control of premises
or using premises. [9NYCRR 606.3(a)(149)].
OWNER
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a building [(9NYCRR 606.3(a)(154)].
POINT OF VIEW
For the purpose of §
168-5, Exterior standards, not personal opinion but line of sight of adjoining property owners to include front, rear and side views.
PERSON
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organization recognized
as an entity by the laws of the State of New York.
PREMISES
A lot, plot or parcel of land, including the building or
structure thereon. [9NYCRR 606.3(a)(162)].
PROPERTY
Land and whatever is erected on, growing on, placed on or
affixed thereto.
REFUSE
A.
Putrescible and nonputrescible solid waste consisting
of organic or nonorganic materials but shall not include human or
animal body waste.
B.
All cardboard, plastic material or glass containers,
wastepaper, rags, sweeping, pieces of wood, excelsior, rubber and
like waste material.
RUBBISH
Useless waste or rejected matter; noncombustible waste material.
The term shall include the residue from the burning of wood, coal
and coke; and also tin cans, metals, mineral matter, glass, crockery,
dust and other noncombustible matters.
A.
COMBUSTIBLEPaper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding dunnage and all other materials subject to burning.
B.
NONCOMBUSTIBLEMetal, tin cans, metal furniture, glass, crockery and minerals.
SIGNS
A lettered board or other display used to identify or advertise
a place of business; a posted command, warning or direction; something
that serves to indicate the presence or existence of something; any
structure or part thereof or any device attached to a structure or
painted or represented on a structure which shall display or include
any lettering, wording, model, drawing, picture, banner, flag, insignia,
device, marking or representation used as or which is in the nature
of an announcement, direction or advertisement. A sign includes a
billboard but does not include the flag or insignia of any nation
or of any governmental agency or of any political, educational, charitable,
philanthropic, civic, professional, religious or similar organization,
campaign, drive, movement or event which is temporary in nature.
STRUCTURE
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
TRASH
Something worth little or nothing, as junk, rubbish; something
in a crumbled or broken condition or mass; debris from pruning or
processing plant material.
The exterior of the premises and the condition
of structures shall be maintained so that the premises and all buildings
shall reflect a level of maintenance in keeping with the standards
of the community and shall not constitute blight from the point of
view of adjoining property owners or lead to the progressive deterioration
of the neighborhood. Such maintenance shall include, without limitation,
the following:
A. Foundations, porches, decks, steps and walls shall
be in good condition.
B. Vent attachments shall be safe, durable, smoketight
and capable of withstanding the action of flue gases.
C. Exterior balconies, porches, landings, stairs and
fire escapes shall be provided with banisters or railings properly
designed, installed and maintained to minimize the hazard of falling
and unsightly appearance.
D. All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs that have become
excessively weathered, those upon which the paint has excessively
peeled or those whose supports have deteriorated so that they no longer
meet the structural requirements of the New York State Uniform Fire
Prevention and Building Code shall, with their supports, be removed
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supports, be removed.
Signs denoting a business which is no longer on the premises shall
be removed within 30 days of the date on which the business ceases
to occupy the premises.
E. All storefronts and walls exposed to public view shall
be kept in a good state of repair. Storefronts or any portion of the
structure shall not show evidence of excessive weathering or deterioration
of any nature. Unoccupied storefronts shall be maintained in a clean
and neat appearance.
F. Any awnings or marquees and accompanying structural
members shall be maintained in a good state of repair. In the event
that said awnings or marquees are made of cloth, plastic or of a similar
material and are exposed to public view, such material shall not show
evidence of excessive weathering, discoloration, ripping, tearing,
holes or other deterioration. Nothing herein shall be construed to
authorize any encroachment on streets, sidewalks or other parts of
the public domain.
G. All vacant buildings shall be continuously guarded
or sealed and kept secure against unauthorized entry. Materials and
methods with which such buildings are sealed must meet the approval
of the Code/ Health Enforcement Officer as to color, design and building
material. Owners of such buildings shall take such steps and perform
such acts as may be required 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 and that such property does not become infested
with vermin or rodents.
H. Exterior walls, including doors and windows and the
areas around doors, windows, chimneys and other parts of the building,
shall be so maintained as to keep water from entering the building.
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.
I. All exposed exterior surfaces shall be maintained
free of broken or cracked glass, loose shutters, railings, aerials,
peeling paint or other conditions reflective of deterioration or inadequate
maintenance. (Surfaces not inherently resistant to deterioration shall
be treated with a protective coating of paint or other suitable preservative.)
Wood, masonry or other exterior materials that will naturally resist
deterioration do not have to be treated but must be maintained in
a neat, orderly, serviceable manner.
J. Roof drains, overflow pipes, air-conditioning drains
and any other device used to channel water off or out of a building
shall be maintained in a safe and operable condition and shall not
drain onto a public sidewalk, walkway, street, alleyway or adjoining
property,
K. Lawns shall be cut and bushes, shrubs and hedges shall
be trimmed regularly during the growing season so as to avoid an unsightly
appearance.
An occupant of 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 the building or occupant's portion
thereof clear and unobstructed.
D. Disposal of garbage and refuse into appropriate facilities
in a clean and sanitary manner, in accordance with any applicable
provisions of the City.
E. Maintenance of yards, lawns and courts in a clean,
sanitary and safe condition and free from infestation by rodents or
vermin, insofar as said occupant occupies or controls said yards,
lawns or any parts thereof.
F. The installation and removal of required screens.
G. Keeping domestic animals and pets in an appropriate
manner and under control, in accordance with any other regulation
of the City.
H. Elimination of all prohibited uses for that part of
the premises which he occupies, controls or has accessibility thereto.
A violation of any provision of this chapter
shall be an offense punishable by a fine not less than $50 and no
more than $500 or no more than 15 days in jail. For the purposes of
this chapter, each day continued existence of a violation shall constitute
a separate violation.