[HISTORY: Adopted by the Board of Trustees of the Village of Angola 12-6-1993 by L.L. No. 1-1993 (Ch. 28 of the 1974 Code). Amendments noted where applicable.]
Unsafe buildings — See Ch. 71.
Open burning — See Ch. 74.
Construction codes — See Ch. 78.
Excavations — See Ch. 91.
Housing standards — See Ch. 127.
Littering — See Ch. 135.
Parking and drainage — See Ch. 158.
Public works standards — See Ch. 171.
Solid waste — See Ch. 188.
Streets and public places — See Ch. 193.
Abandoned vehicles — See Ch. 224.
This chapter shall be known and may be cited as the "Property Maintenance Law of the Village of Angola."
In order to prevent blight and the spread thereof, it is hereby declared that all property in the Village, improved or unimproved, including but not limited to residences, office buildings, retail stores, warehouses, manufacturing or fabrication plants, factories, gasoline service stations, motor vehicle repair shops or other business uses, whether occupied or vacant, and accessory structures, located in the Incorporated Village of Angola, shall be maintained in conformity with the standards set out in the chapter so as to assure that these structures and properties will not adversely affect the neighborhood and the community at large. It is found and declared that, by reason of lack of maintenance and progressive deterioration, certain structures and properties have the further effect of creating blighting conditions and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions as herein contained, the growth of 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.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING OR STRUCTURE
- A building or structure which is incidental to the main building and use, which is located on the same premises.
- A limb of a tree or bush which is less than two inches in diameter.
- A combination of any materials having a wall and roof to form a structure affording shelter to persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof."
- COMPLETELY ENCLOSED BUILDING
- A building or structure of a permanent design, composed of a foundation, exterior walls and a roof, constructed of materials that prevent view of the contents of said building or structure.
- ENFORCEMENT OFFICER
- The Code Enforcement Officer and/or a person or persons designated by the Village Board of Trustees.
- EXTERIOR PROPERTY AREA YARDS
- Any open space on the premises unoccupied and unobstructed by building structures or improvements.
- Putrescible animal or vegetable waste resulting from the handling, preparation, cooking and/or consumption of food.
- Garbage, refuse and rubbish, as herein defined, and all other waste materials which, if thrown or deposited, create a danger to public health, safety and welfare.
- A plot, tract, premises or parcel of land, with or without a building or structure located thereon, as surveyed and apportioned for sale or other purposes.
- The owner or owners of the premises, including but not limited to the executor, trustee, firm, corporation, tenants or other legal entity.
- A lot, plot or parcel of land, including buildings or structures thereon.
- PROPERTY MAINTENANCE
- Caring for real estate, land, buildings, structures and other property improvements.
- Nonputrescible solid waste consisting of combustible and noncombustible waste, including but not limited to paper, cardboard, tin cans, wood, glass, bedding, crockery, tires, plastic, metals and similar materials, except garbage.
- Any combination of material, constructed or erected, which requires a permanent location on or attachment on the ground, or something having such location.
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds.
All fences shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to the replacement and/or repair of fences which may become in disrepair.
All landscaping shall be well-maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor thereby depreciating adjoining property.
Steps, walks, driveways, parking spaces and similarly 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 or necessary repairs or replacement carried out. All off-street parking facilities shall be swept at least monthly.
Yards, courts 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 rubbish from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
No person shall deposit, throw or scatter, or suffer, permit or allow the accumulation of any filth, dirt, ashes, brush, junk, garbage, wastepaper, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles or glass or any other kind of rubbish or waste material, appliances, furniture, tires, machinery and other bulk refuse upon any sidewalk, highway or public place or upon any vacant or improved lot, piece or parcel of ground abutting upon any sidewalk, highway or public place or private property within the Village, except as permitted by Village regulations for trash and garbage removal.
The exterior of all structures shall be maintained to reflect a reasonable level of maintenance. Such maintenance shall include all exposed surfaces being maintained free of broken or cracked glass, loose or missing shingles or siding, loose or missing shutters, loose railings, chipped, missing or cracked paint or other conditions which are reflective of deterioration or inadequate maintenance. All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated or treated with a protective coating of paint or other suitable preservatives to prevent said exposed exterior surfaces of becoming unsightly due to the deterioration and weathering of such surfaces. Colors for such exterior surfaces must be compatible with the colors of similar structures in the Village and shall not be visually offensive or unsightly.
[Amended 1-11-2010 by L.L. No. 1-2010]
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, exterior wall, roof and porch, or appurtenance 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.
The foundation walls of every building shall be maintained in good repair and be structurally sound.
Exterior walls (including doors and windows), roofs and the areas around doors, windows, chimneys and other parts of a building shall be so maintained as to keep water from entering the building. Materials which have been damaged to show evidence of dry rot or other deterioration shall be repaired or replaced and refinished in a good workmanlike manner within a reasonable amount of time. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and materials. Such objects or materials shall be removed, repaired or replaced.
The owner of a vacated building shall take such steps and perform such acts as may be required of him or her 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.
Buildings and structures 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 practices.
Every owner shall keep or store property or possessions within a completely enclosed building, except as follows:
Construction material for permitted construction or repairs.
Material or products for sale to the public, when permitted under other chapters of the Village of Angola Municipal Code.
Regularly used lawn, garden and recreational equipment.
Storage of solid fuel for use in heating equipment in quantities not to exceed:
Wood: 10 full cords, a volume of 1,280 cubic feet, neatly piled so as not to create a hazard.
Every owner or occupant or person having control of any lot or premises in the Village shall maintain such lot or land along the sidewalk or street adjacent to the same, between the property line and the curb or middle of the street or for 10 feet outside the property line if there be no curb, free of any growth of weeds or grass to a greater height than six inches on the average, or any accumulation of dead weeds, grass or brush, from May to October, inclusive.
Every owner or occupant or person having control of any lot or premises in the Village shall keep the same free from any poison ivy, ragweed or other poisonous plants or plants detrimental to health.
Every owner or occupant or person having control of any lot or premises in the Village shall trim the hedges, shrubs and trees so that the same will not interfere with the line of sight of motor vehicle operators or pedestrians attempting to cross an adjacent intersection or attempting to make a turn upon an adjacent intersection or impede or interfere with pedestrian traffic upon any sidewalk abutting said lot or premises.
Every owner or occupant or person having control of any lot or premises in the Village shall trim the hedges, shrubs and trees so that the same will not grow over or so close to the sidewalk as to interfere with pedestrian or bicycle traffic.
No owner or occupant or person having control of any lot or premises may possess or install exterior lighting except as follows: All external visible lights shall be steady in nature, nonflashing, nonmoving, and nonchanging in brilliance, color or intensity, and shall be installed, maintained and designed in such a manner as to minimize glare beyond the property line of the property where such lights are located. This prohibition shall not apply to Christmas lighting between December 1 and February 15.
[Amended 10-21-2019 by L.L. No. 9-2019]
The Code Enforcement Office of the Village of Angola is authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Officer, or his designated representative, is authorized to enter any lot, dwelling, dwelling unit, rooming house, rooming unit, or premises at any reasonable time during daylight hours, or at such other time as may be necessary in an emergency, for the purpose of performing his duties under this chapter.
Access to lots or premises. The owner, operator, or occupant of every lot or premises shall give access to such lot or premises for the purpose of such inspections at any reasonable time during daylight hours or at such other times as may be necessary in an emergency.
Identification of inspectors. Inspectors and authorized personnel of the Code Enforcement Officer shall be supplied with official identification and, upon request, shall exhibit such identification when entering any lot or premises.
Whenever the Code Enforcement Officer determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or any rule or regulation adopted pursuant thereto, he shall cause an investigation of the premises to be made and an inspection report submitted to the Village Board and filed in his office within a reasonable time of completion of the investigation.
After the report is filed as provided above, and if the report shall confirm the existence of a violation, the Code Enforcement Officer shall cause a notice to be served upon the owner, occupant or person having control of said premises (i.e., executor, administrator, agent, lessee, or any person or persons having a vested or contingent interest in the subject premises as shown by the records of the Receiver of Taxes of the Village of Angola or of the County Clerk of the County of Erie). If the owner is not the same person as the occupant or person having control of said lot or premises, then both the owner and the occupant or person in control of said lot or premises shall be served.
Form of notice. The notice shall contain a description of the lot or premises in question with particulars which set forth the manner in which the lot or premises is in violation, and the notice shall outline the manner in which the violation is to be cured or corrected. The notice shall contain an order requiring the violation to be corrected or cured.
Service of notice of violation or order to vacate or other order.
Service upon the owner shall be made by First Class mail to the owner, occupant and person in control of such lot or premises and shall be deemed complete three days after mailing.
Compliance with the notice and order. The person served with the notice shall within 72 hours commence the abatement of the violation affecting the lot or premises and shall employ sufficient labor and assistance to complete the abatement within a reasonable time thereafter. The person served with the notice shall notify the Code Enforcement Officer upon abatement of the violation from such building or structure. The Code Enforcement Officer shall thereafter issue a certificate of compliance.
Extension of compliance time. The Code Enforcement Officer may extend the compliance time specified in any notice or order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
Hearing. In the event of noncompliance with the order, the code enforcement officer may upon a ten-day notice to the person serviced with the order that the Village shall remove or abate the violation. The person serviced with said notice shall have five days from the service of said notice to request a hearing and shall be granted a hearing on the matter before the Board of Trustees, provided that such person shall file a certified petition with the Board of Trustees, within five days after the day the notice was served upon the petitioner, requesting the hearing and setting forth a brief statement of the grounds therefor. Upon receipt of said petition, the Board of Trustees shall set a time and place for a hearing and shall give the petitioner five days' written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to give reasons why the order should be modified or withdrawn. The hearing shall be commenced not later than 40 days after the day on which the petition was filed, provided that, upon application of any interested party the Board of Trustees may postpone the date of hearing for any reasonable time beyond the said period if, in its judgment, the interested party has submitted a good and sufficient reason for the postponement.
Whenever the Code Enforcement Officer finds a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service upon the owner, occupant or person in control as provided in § 168-10E above.
In the case of emergency as provided in § 168-11 herein or whenever any owner, occupant or person in control served in accordance with § 168-10E above fails to cure or correct the violation as ordered by the Code Enforcement Officer, the Code Enforcement Officer shall cause the Village of Angola Department of Streets to correct the violation and bring the lot or premises in compliance with this chapter. If the Village of Angola Department of Streets is unavailable or unable to perform such corrective measure, the Code Enforcement Officer may hire an independent contractor to perform such service, subject to approval of the Village of Angola Board of Trustees.
Whenever the Code Enforcement Officer takes action in accordance with this chapter and the Village of Angola incurs costs thereon, the Village of Angola Board of Trustees shall direct that the lot or premises which is the subject of the enforcement action shall be assessed in an amount as follows:
The cost of labor, machinery and materials of the Village Department of Streets or the cost of services of an independent contractor; in addition, a surcharge of 25% of the above cost or $150, whatever is greater, to reimburse the Village for the cost of supervision and administration.
The above-said cost and surcharge shall be levied upon the lot or premises which the subject of the enforcement action and shall be collected in the same manner as Village taxes and assessments.
[Amended 10-19-2009 by L.L. No. 4-2009]
All records of the Code Enforcement Officer shall be public. Upon request, the Code Enforcement Officer shall make a search and issue a certificate of any of his records, including violations or the absence of any violations, upon payment of $0.25 per page for a page up to 9 x 14 inches.
No Code Enforcement Officer, officer, agent or employee of the Village of Angola shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent, or employee of the Village of Angola as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by an attorney appointed by the Village of Angola until the final determination of the proceedings therein.
Responsibilities of owners. Owners of premises shall be responsible for compliance with this chapter and shall remain responsible therefor regardless of the fact that this section 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.
[Amended 10-19-2009 by L.L. No. 4-2009]
It shall be unlawful for any person to resist, obstruct or interfere with the Code Enforcement Officer, Department of Streets, general crew chief or any agent or employee of the Village in any work done to any lot or land pursuant to this chapter.
The Department of Building Inspection and Code Enforcement shall provide the enforcement officers of this chapter.
The Department of Building Inspection and Code Enforcement may institute any appropriate action or proceeding to prevent the violation of this chapter.
The said enforcement officers are authorized to issue appearance tickets in the enforcement of this chapter, pursuant to Article 150 of the Criminal Procedure Law.
[Amended 10-19-2009 by L.L. No. 4-2009; 10-21-2019 by L.L. No. 9-2019]
In addition to the enforcement procedures above, any person violating any provision of this chapter shall be subject to a fine or penalty not to exceed $250 or imprisonment for not to exceed 15 days, or both. Each week of a continuing violation shall constitute a distinct and separate violation.