[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.]
A.
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.
B.
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:
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:
A.
That all grounds and exterior property are kept clean
and free of solid waste.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Fences and walls are maintained in a safe and structurally
sound condition.
H.
Steps, walks, driveways, parking spaces and other
similar paved areas are maintained pursuant to provisions elsewhere
in the Town Code.
I.
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:
A.
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.
B.
Construction and demolition debris be located on porch
areas for no longer than 30 days.
A.
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:
(1)
The identity of the owner and the agent.
(2)
The owner's and agent's addresses and current phone
numbers.
(3)
The property or properties the agent is accepting
responsibility for.
(4)
The beginning and ending date of the agreement.
(5)
The exact sections of this Code assigned to the agent.
(6)
The signatures of both property owner and agent, along
with each party's date of birth.
B.
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.
