[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.]
GENERAL REFERENCES
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:
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."
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.
The Code Enforcement Officer and/or a person or persons designated
by the Village Board of Trustees.
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.
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.
A.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent the development
of stagnant ponds.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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]
B.
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.
C.
The foundation walls of every building shall be maintained
in good repair and be structurally sound.
D.
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.
E.
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.
F.
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.
A.
Every owner shall keep or store property or possessions
within a completely enclosed building, except as follows:
(1)
Construction material for permitted construction or
repairs.
(2)
Material or products for sale to the public, when
permitted under other chapters of the Village of Angola Municipal
Code.
(3)
Regularly used lawn, garden and recreational equipment.
A.
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.
B.
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.
C.
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.
D.
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.
E.
No cut or fallen trees, or parts thereof, shall be allowed to remain upon the ground longer than 10 days, unless cut and stacked as cordwood according to the limitations of § 168-7A(4)(a) herein. Brush shall be removed within 10 days of its appearance upon the lot or premises.
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.
A.
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.
B.
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.
C.
Investigation procedure.
(1)
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.
(2)
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.
D.
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.
E.
Service of notice of violation or order to vacate or other order.
(1)
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.
F.
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.
G.
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.
H.
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:
A.
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.
B.
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.
A.
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.
A.
The Department of Building Inspection and Code Enforcement
shall provide the enforcement officers of this chapter.
B.
The Department of Building Inspection and Code Enforcement
may institute any appropriate action or proceeding to prevent the
violation of this chapter.
C.
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.
