Town of Forestburgh, NY
Sullivan County
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[HISTORY: Adopted by the Town Board of the Town of Forestburgh at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
General penalties — See Ch. 1, Art. II.
The purpose of this chapter is to provide a minimum standard for the maintenance of the exterior grounds and visible facades of all properties within the Town. This chapter is intended to help provide stable and inviting neighborhoods and business and commercial districts and to promote public health and safety by prohibiting certain deficiencies in exterior property maintenance which create or contribute to unhealthy or hazardous conditions. This chapter is also intended to ensure that property owners or their delegated agents perform such repair and maintenance of properties as will prevent deficiencies that could become an attractive nuisance with regard to children, trespassers or household pets or that may attract insect or animal pests.
The adoption and enforcement of this chapter is intended to serve as a deterrence to substandard exterior property maintenance and as a tool for protecting property investment, the tax base and the health, safety and welfare of all Town residents.
For the purposes of this chapter, the following definitions shall apply:
Yard trimmings, vegetable wastes and other organic matter managed for the purpose of natural transformation into compost and stored in a container or compact pile that:
Contains no sewage, sludge or septage;
Contains no inorganic materials, such as metal, plastic or glass; and
Is maintained in a manner to minimize odors and the attraction of insect and animal pests.
Food wastes, food wrappers, containers, nonrecyclables or other materials resulting from the use, consumption and preparation of food or drink, as well as other expended, used or discarded materials, such as paper, plastic, metal, rags or glass, etc., or any other wastes generated from day-to-day activities of a household, business or public or quasi-public facility. The term "garbage" does not include properly prepared and stored recyclable materials or properly maintained compost areas.
Any area of a building or lot, excluding porch areas, not enclosed within the walls of a building. These terms include any public rights-of-way which pass through or are adjacent to a property, including the sidewalk and any area between the sidewalk, if there is one, and the street pavement.
Includes any open and/or partially enclosed porches or decks, as well as any entranceways or exitways which are in the public view.
Areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from the exterior ground level of adjoining properties or properties within 100 feet of the subject property.
Includes materials or substances that are discarded or rejected as being spent, worthless, useless or in excess to the owners at the time of such discard or rejection, including but not limited to materials or substances such as garbage, refuse, industrial and commercial wastes, sludge from air or water treatment facilities, rubbish, tires, ashes, incinerator residue, construction and demolition debris, discarded motor vehicles, discarded household and commercial appliances and discarded furniture. An object shall be presumed to be discarded or rejected solid waste when the object is stored, placed or left on the grounds or exterior of the property in the view of neighbors or passersby under circumstances which meet any of the following criteria:
The object produces an offensive smell.
The object is of a type designed for interior use or made of materials which are suitable only for interior use and the object is left outside and exposed to precipitation.
The object has reached a degree of dilapidation or disrepair that can reasonably be presumed to render the material unsuitable for or incapable of being used for its original intended purpose or some other reasonable purpose.
The object is left, placed or stored in a manner which appears likely to cause injuries.
It shall be the duty and responsibility of all owners of property in the Town of Forestburgh to ensure that:
That all grounds and exterior property are kept clean and free of solid waste.
All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal site. Composting materials, so long as they are maintained as defined by this chapter, shall not be considered garbage.
Garbage cans, garbage bags and discarded bulk items shall not be placed on the curb before 12:00 noon the day before the scheduled pickup. Garbage containers and any materials not removed by garbage collectors shall be removed from the curb before 9:00 a.m. the day after pickup. Any materials not removed as required by this section shall be removed by the Town.
Solid waste, other than garbage stored in proper containers described above, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than 30 days. Residents may place reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two successive days.
The area along public rights-of-way adjacent to or on the property, including but not limited to the area between the front property line or sidewalk and the curb or street pavement, is maintained in a reasonably clean and sanitary condition free of garbage and/or solid waste, with any grass, weeds and brush in said area cut or trimmed. The planting of annuals and perennials in these areas shall not be permitted without the approval of the Superintendent of Highways. Premises situated at street intersections or on curved streets shall be kept in such a condition as to provide a clear and unobstructed view of the intersection or curve.
Trees, shrubs or other vegetation are pruned such that they will not obstruct the passage of pedestrians on sidewalks. The maintenance of Town trees, including trees between the sidewalk and curb, must be left to the Highway Department.
Fences and walls are maintained in a safe and structurally sound condition.
Steps, walks, driveways, parking spaces and other similar paved areas are maintained pursuant to provisions elsewhere in the Town Code.
Sidewalks are kept substantially clear of snow, ice and other obstructions, including but not limited to free flowing water from drains, ditches and/or downspouts located on the property except during flooding, pursuant to provisions regulating the use of streets and sidewalks elsewhere in the Town Code.
It shall be the duty and responsibility of all owners of property in the Town of Forestburgh to ensure that:
Porch areas are kept free of garbage, unless stored and completely contained in durable, nonabsorbent, watertight containers having tight-fitting lids in place. Plastic bags are not considered durable containers.
Construction and demolition debris be located on porch areas for no longer than 30 days.
The responsibilities outlined in § 129-3 may be delegated to an agent by the property owner, so long as, at the time of any violation of this chapter, an agency agreement is on file with the Town which contains the following information:
The identity of the owner and the agent.
The owner's and agent's addresses and current phone numbers.
The property or properties the agent is accepting responsibility for.
The beginning and ending date of the agreement.
The exact sections of this Code assigned to the agent.
The signatures of both property owner and agent, along with each party's date of birth.
The agent must be a resident of or maintain an office for the transaction of business in Sullivan County or an adjoining county. Post office boxes will not be accepted as addresses for agents.
In any case in which the Town intends to correct a violation of this chapter and then bill the property owner for the correction of the violation, the Code Enforcement Officer or his/her designee shall notify the owner of the property and, where relevant, the registered agent who has assumed responsibility as outlined in § 129-5 of this chapter, in writing, of any violation of this chapter. Following such notice, the Town may correct the violation and bill the property owner for the cost of such correction. Unpaid bills shall be added to the yearly tax bill.
An offense against any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II of this Code.