[HISTORY: Adopted by the Town Board of the
Town of Brighton 4-26-1990 by L.L. No. 2-1990. Amendments noted where
applicable.]
[Amended 1-24-1996 by L.L. No. 1-1996]
In order to prevent blight and the spread thereof,
it is hereby declared that all structures or properties, whether occupied
or vacant, shall be maintained in conformity with the standards set
out in this chapter so as to ensure that none of these structures
or properties will adversely affect their neighborhood or the community.
It is found and declared that by reason of lack of maintenance and
progressive deterioration, structures and properties have the further
effect of creating blighting conditions and initiating slums and the
presence of brush, weeds and noxious or poisonous brush and weeds
creates the blighting effect of causing poor drainage, 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
sums of public funds to correct and eliminate the same. By reason
of timely regulations, 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.
This chapter shall apply to all property situate
in the Town of Brighton.
When this chapter is in conflict with any other
local law, ordinance, statute, rule, regulation or any other code
or ordinance adopted by the Town of Brighton, the most restrictive
law shall prevail.
This chapter shall be enforced by the Commissioner
of Public Works or designee of the Town of Brighton.
For the purpose of this chapter, the terms used
herein are defined as follows:
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of the premises.
That space of a building that is partly below grade which
has one-half (1/2) or more of its height measured from floor to ceiling
above the finished grade of the ground adjoining the building.
Any untended or uncultivated grasses, bushes, deleterious
or unhealthful vegetation or other growing matter in excess of 12
inches in height, except trees, lawns, ornamental shrubbery, flowers
or vegetables properly tended, pastureland, woodland or land under
cultivation.
[Added 1-24-1996 by L.L. No. 1-1996]
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.
Scattered remains, discarded waste and litter.
A building containing not more than two dwelling units occupied
or designed exclusively for residential purposes by not more than
two families, each with separate household arrangements.
A notice of violation containing each of the elements set
forth in the definition of notice of violation (except notice of a
right to a hearing), and in addition thereto, a statement that an
emergency condition requiring immediate correction has been found
to exist and setting forth the date and time by which the violation
is to be cured.
[Added 6-13-1990 by L.L. No. 5-1990]
Food wastes, as from a kitchen, worthless matter and trash.
Other than as allowed pursuant to Article VI of Chapter 207 of the Town Code, any inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by a device capable of leaving a visible mark.
[Added 8-24-2016 by L.L.
No. 5-2016]
A multiple dwelling used primarily for the purpose of furnishing
lodging with or without meals for more than 15 transient guests for
compensation.
To make untidy by discarding trash carelessly.
A multiple dwelling, not over two stories in height, intended
primarily for motorists; includes but is not limited to the terms
"motor court," "motor hotel" and "tourist court."
A statement in writing above the signature of the Commissioner
of Public Works or designee, setting forth the name and address of
the property owner, occupant or tenant to be served, the date, time
and location of the violation, a description of the violation, the
date by which the violation must be cured, notice of a right to a
hearing, the penalties which may accrue and the right of the Commissioner
of Public Works or designee to correct the violation if not corrected
in a timely manner.
[Added 6-13-1990 by L.L. No. 5-1990]
Includes the owner, occupant, mortgagee or vendee in possession,
operator, assignee or rents receiver, executor, trustee, lessee, agent
or any other person, firm or corporation directly or indirectly in
control of a building or parcel or part thereof.
A lot or parcel of land, including the buildings and structures
thereon.
Something rejected or discarded as worthless or useless.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Worthless discarded material.
A.
Owners of premises, including single-family dwellings,
shall be responsible for compliance with this chapter and shall remain
responsible therefor, regardless of the fact that this chapter may
place certain responsibility on operators and occupants and regardless
of any agreements between owners and operators or occupants as to
which party shall assume responsibility. Owners of premises shall
be responsible for maintenance of the premises in a clean, safe and
sanitary condition.
[Amended 6-13-1990 by L.L. No. 5-1990]
B.
Occupants of dwelling units shall be responsible for
compliance with this chapter in regard to the following:
(1)
Maintenance of that part of the premises which they
occupy and control in a clean, safe and sanitary condition and in
compliance with this chapter.
(2)
Keeping all exits from the dwelling unit clean and
unencumbered.
(3)
Disposal of garbage and refuse into refuse containers
in a clean and sanitary manner.
[Amended 6-13-1990 by L.L. No. 5-1990]
[Amended 6-13-1990 by L.L. No. 5-1990]
All land shall be properly graded as to permit
the appropriate drainage of surface and subsurface waters to prevent
the accumulation of stagnant waters and to appropriately protect buildings
and structures thereon. 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.
A.
All land must be kept free of dead or dying trees
and accumulations of brush, shrubs, weeds, grass, stumps, roots, excessive
and/or noxious growths, garbage, refuse or debris which would either
tend to start a fire or increase the intensity of a fire already started
or cause poisoning or irritation to people or animals or cause or
tend to cause or enhance an unhealthy or dangerous or obnoxious condition
on said property or on any adjacent or neighboring property.
B.
All land shall be maintained in a manner that will
prevent excessive dust or other particles of dirt from being blown
onto adjacent or neighboring property.
C.
Steps, walks, driveways, parking areas and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes in the pavement or other
hazards that may exist shall be promptly filled or necessary repairs
or replacements carried out. All off-street parking facilities shall
be swept clean not less than twice each year.
D.
All open wells, cisterns, cesspools, cellars or otherwise
unnatural declivities shall be kept covered, barricaded or otherwise
closed or secured from public access and shall be kept free of stagnant
water and debris. All temporary excavations and declivities shall
be kept covered or barricaded so as to protect the general public
from injury.
E.
The erection or use of electrified or barbed wire
fences, or a combination thereof, shall be subject to the obtaining
of a special permit from the Zoning Board of Appeals of the Town of
Brighton before obtaining a building permit therefor.
F.
Fences, planters, garden structures, accessory structures,
pools and other minor construction for which a building permit is
issued shall be maintained in a safe and substantial manner.
G.
All repairs to public walkways are subject to prior
approval of the Commissioner of Public Works of the Town of Brighton.
H.
The exterior of all structures shall be kept free
from loose, broken or unsecured objects and materials. Such loose
or unsecured objects or materials, including but not limited to aerials,
shutters, shingles, bricks, railings and gutters, shall be properly
secured or removed from the structure.
[Amended 6-13-1990 by L.L. No. 5-1990]
I.
All exterior exposed structures not inherently resistant
to deterioration shall be coated, treated or sealed to protect them
from deterioration or weathering. Wood, masonry or other exterior
materials that will naturally resist deterioration do not have to
be treated but must be otherwise maintained in a sound, secure workmanlike
manner. Exterior surfaces that have been painted or otherwise coated
must be maintained in a neat, orderly, serviceable manner.
J.
Floors, corridors, hallways, walls, vestibules, ceilings,
stairs and fixtures of buildings shall be maintained in a clean, safe
and sanitary condition. Every floor, exterior wall, roof, porch or
appurtenance thereto shall be maintained in a manner so as to prevent
the collapse of the same or injury to the occupants of the building
or to the public.
K.
Foundation walls and bearing walls of every building
shall be maintained in good repair and be structurally sound.
L.
Vacated buildings or structures must be kept locked
or secured. 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.
M.
Each owner of any building from which garbage, rubbish,
mixed refuse, ashes or other wastes are collected shall provide refuse
containers sufficient in number to hold all collectible wastes which
may accumulate. Containers must be flytight, rodent-tight and watertight
and must be kept covered at all times. Such containers must not be
kept in a front yard.
[Amended 4-27-2022 by L.L. No. 5-2022]
N.
All grounds, buildings and structures shall be maintained
in such a manner to ensure that they shall be free of vermin and rodent
harborage and infestation.
[Amended 6-13-1990 by L.L. No. 5-1990]
O.
Persons owning or occupying property shall keep all
walkways, public or private, abutting said premises free from litter
and trash of whatever nature.
P.
It shall be the owner's, occupant's or tenant's responsibility
to ensure the immediate (within 48 hours) removal and disposal of
human or animal feces in an appropriate and sanitary manner.
[Amended 6-13-1990 by L.L. No. 5-1990]
Q.
Garbage, refuse, junk and litter shall be disposed
of in a safe and sanitary manner and the premises kept free and clear
therefrom.
R.
All land shall be maintained so as not to alter the
existing flow rates, peaks, quantities or direction of storm drainage.
The topography or surface quantities of an area shall not be modified
so as to alter the water retention characteristics of the property.
No person shall fill, obstruct, dam, divert or otherwise alter or
change the natural or artificial flow of waters or drainage or the
intensity or quantity of flow through any stream, ditch, pipe, culvert,
swale, watercourse, drainage easement or other drainage system.
[Added 1-24-1996 by L.L. No. 1-1996]
S.
Roof stormwater drainage shall be discharged in such
a manner as to not flow onto adjacent properties. Downspouts not tied
directly into a stormwater sewer system shall be directed in a such
a manner as to allow stormwater to dissipate within the confines of
the property or as to convey the stormwater directly to an existing
drainageway located, at least in part, on the property.
[Added 7-26-2000 by L.L. No. 6-2000]
T.
All property shall be maintained so as to prevent
erosion or sedimentation that causes or can be reasonably expected
to cause in the future a loss of stability or any existing slope,
slope failure, sediment deposition in a regulated body of water or
natural or man-made drainageway, or deposition of soils on surrounding
properties.
[Added 9-14-2005 by L.L. No. 10-2005]
U.
Areas of bare earth shall be covered with vegetation,
mulch or other suitable material to prevent the spread of dust and
mud.
[Added 9-14-2005 by L.L. No. 10-2005]
V.
All property shall be maintained free of graffiti.
[Added 8-24-2016 by L.L.
No. 5-2016]
The following shall apply to office, commercial
and industrial uses:
A.
For all properties, the owner, tenant or occupant
shall be held responsible for the maintenance of the grounds and building
for the purposes of enforcement of this chapter.
B.
No materials may be stored or displayed in a front
or exterior or interior side yard except for motor vehicles for sale
at a permitted motor vehicle sales establishment.
C.
Materials may be stored in a rear yard, provided that
the storage area therein is completely enclosed within a six-foot-high
solid fence or evergreen hedge of equivalent height and that the storage
area does not infringe on or obstruct vehicle parking or maneuvering
areas.
D.
No shopping baskets, carts or wagons shall be left
unattended more than 24 hours standing outside of a building, whether
or not such carts are on property owned or leased by the owner of
said carts.
[Amended 6-13-1990 by L.L. No. 5-1990]
E.
There shall be no storage of used or discarded auto
parts on the property. For this section of this chapter, "discarded
auto parts" shall be defined as discarded parts, such as but not limited
to tires, batteries, fenders and parts.
F.
Parking lots shall be clearly marked indicating parking
areas and spaces in a manner approved by the Planning Board. Such
markings must be maintained at all times in a clear and legible manner.
G.
All parking lots and driveways must be kept free of
snow and ice accumulation within limits imposed by climatic conditions.
Within 72 hours of the termination of heavy snowstorms, all required
parking spaces and maneuvering areas must be free of snow. Collected
snow and ice must not be stored or piled in such a manner so as to
obstruct the vision of pedestrians or vehicle operators and/or so
as to cause flooding. Snow and ice shall not be plowed or pushed or
dumped onto a sidewalk or walkway.
H.
A temporary dumpster/construction debris container
is permitted for a period not to exceed 60 days, provided that it
is located on an impervious surface, does not overflow with debris,
is not used for items that may create offensive odors or a health
hazard and is used only for debris from the property in which it is
located. With a valid building permit and good cause shown, the Building
Inspector may allow a maximum of two extensions for the placement
of the temporary dumpster/construction debris container for a period
not to exceed five months each.
[Added 6-26-2002 by L.L. No. 4-2002]
I.
Temporary portable storage units (e.g., PODS units) are permitted
for a period not to exceed 60 days, provided that they do not overflow
with debris, are not used for items that may create offensive odors
or a health hazard and are used only for items from the property on
which they are located. With a valid building permit and good cause
shown, the Commissioner of Public Works or designee may allow a maximum
of one extension for the placement of the temporary portable storage
units for a period not to exceed 60 days.
[Added 9-27-2012 by L.L. No. 1-2012]
The following shall apply to residential users:
A.
For multiple residences, double houses, cooperatives,
condominiums and other properties occupied by more than one dwelling
unit, the owner shall be held responsible for purposes of enforcement
of this chapter, except as may be otherwise specified.
B.
No materials, goods or supplies may be stored in any
front yard or in an exterior or interior side yard. Materials may
be stored in a rear yard, provided that the area used for storage
is screened from neighboring properties by a solid fence or hedge
and that the method and manner of storage complies with the other
provisions of this chapter.
C.
Compost piles or compost pits or other piles of vegetation
accumulated or stored must be kept free of rodents and flies and must
be maintained in such a fashion as not to allow obnoxious odors or
stench on neighboring or nearby properties.
D.
It shall be the responsibility of the owner, occupant
or tenant to dispose of garbage and refuse into provided facilities
in a sanitary manner and to keep the premises free and clear therefrom.
The owner of property containing more than one dwelling unit shall
also be responsible for providing an enclosure, completely blocking
the view from any adjoining property, for the trash containers and
to ensure that containers are kept only there (except on the regular
refuse collection day).
[Amended 1-24-1996 by L.L. No. 1-1996]
E.
All parking lots and driveways must be kept free of
snow and ice accumulation within limits imposed by climatic conditions.
Within 72 hours of the termination of heavy snowstorms, all required
parking spaces and maneuvering areas must be free of snow. Collected
snow and ice must not be stored or piled in such a manner so as to
obstruct the vision of pedestrians or vehicle operators and/or so
as to cause flooding. Snow and ice shall not be plowed or pushed or
dumped onto a sidewalk or walkway.
[Added 1-24-1996 by L.L. No. 1-1996]
F.
A temporary dumpster/construction debris container
is permitted for a period not to exceed 60 days, provided that it
is located on an impervious surface, does not overflow with debris,
is not used for items that may create offensive odors or a health
hazard and is used only for debris from the property in which it is
located. With a valid building permit and good cause shown, the Building
Inspector may allow a maximum of two extensions for the placement
of the temporary dumpster/construction debris container for a period
not to exceed five months each.
[Added 6-26-2002 by L.L. No. 4-2002]
G.
Temporary portable storage units (e.g., PODS units) are permitted
for a period not to exceed 60 days, provided that they do not overflow
with debris, are not used for items that may create offensive odors
or a health hazard and are used only for items from the property on
which they are located. With a valid building permit and good cause
shown, the Commissioner of Public Works or designee may allow a maximum
of one extension for the placement of the temporary portable storage
units for a period not to exceed 60 days.
[Added 9-27-2012 by L.L. No. 1-2012]
The following shall apply to construction:
A.
For purposes of enforcement of this chapter, the prime
or general contractor, if work is under progress, or the owner, if
no work is under progress, shall be held responsible.
B.
Materials may be stored in any area of the property
upon which construction is being carried on, provided that the method
of storage and the materials stored are in compliance with the requirements
of this chapter.
C.
Drainage crossing the property under development must
be maintained during the period of development, and no materials may
be stored, land disturbed or other work done to block drainage or
to divert or cause runoff of groundwater or stormwater in an unnatural
fashion.
D.
The person responsible as herein defined shall take
all necessary and reasonable steps to ensure that there shall not
be an unusual or unwarranted amount of dust and debris blown onto
or across neighboring or nearby properties.
E.
Construction roads must be kept wet or properly treated
to decrease the spread of dust and mud.
[Amended 9-9-1998 by L.L. No. 3-1998]
F.
A temporary cover such as rye grass or a mulch must
be applied on land that has been stripped of its protective vegetation
during the course of its construction to prevent the spread of dust
and mud.
G.
All excavations in or near a public or private walkway
or street must be properly guarded and protected at all times by lights,
flags, barricades or other warnings sufficient in kind and amount
to warn the public from the danger of falling into the excavation.
H.
Temporary electrical service must be through electric
lines that are weatherproof and waterproof; such lines must not cross
public walkways or highways on the ground, nor shall they be placed
on the ground in areas subject to construction equipment traffic.
I.
Grounds and buildings must be kept free of debris
such as broken glass, boards with fastenings protruding and other
articles making travel around the job site dangerous and unsafe.
A.
Whenever the Commissioner of Public Works or designee shall declare that a building, property or vacant area is in violation of this chapter, he or she shall serve a notice in the manner described in § 129-13, reciting the facts constituting such violation, specifying in what respect the building or vacant area is in violation and requiring the owner to remove such violation within a prescribed time as defined below. Such notice shall provide that, if the owner fails to remove such violation within such period for compliance so prescribed, the Commissioner of Public Works or designee may remove or cause the removal of such violation by cutting, cleansing, repairing or taking such other corrective actions deemed necessary and shall notify the owner of his or her right to a hearing, if any, as hereinafter provided.
[Amended 6-13-1990 by L.L. No. 5-1990; 1-24-1996 by L.L. No. 1-1996; 9-9-1998 by L.L. No. 3-1998]
(1)
The prescribed time limit for lawn maintenance (i.e.,
grass/weed cutting) shall be 10 days after service of such notice.
(2)
The prescribed time for all other violations of this
chapter shall be 30 days after service of such notice, or such lesser
period of time wherein an emergency exists as may be determined by
the Commissioner of Public Works.
B.
With the exception of lawn maintenance notices of
violation, whenever such notice is served, the owner may, within 10
days after such service, request, in writing, a hearing before the
Town Board, and a hearing shall be given such owner prior to the expiration
of the period for compliance so prescribed.
[Amended 9-9-1998 by L.L. No. 3-1998]
C.
Whenever such notice is served for violation of lawn
maintenance (grass/weed cutting) regulations, it shall be the responsibility
of the owner to bring the property into compliance within the prescribed
time limit.
[Amended 9-9-1998 by L.L. No. 3-1998]
D.
If the Commissioner of Public Works or designee proceeds
to execute a notice issued by him or her for the removal of a violation,
the Commissioner of Public Works or designee may let contracts therefor
and pay the cost thereof out of general Town funds to be appropriated
by the Town Board for such purpose.
[Amended 6-13-1990 by L.L. No. 5-1990]
Every notice shall be served upon such owner,
occupant or tenant by one of the following methods:
A.
By personal service;
B.
By certified mail, return receipt requested, addressed
to his or her last known address as shown on the latest completed
assessment roll of the Town of Brighton; or
C.
By the posting of such notice in a conspicuous place
upon the premises affected and a copy thereof mailed on the same day
it is posted, addressed to his or her last known address as shown
on the latest completed assessment roll of the Town of Brighton, such
notice to be sent by registered mail.
The Town shall be reimbursed for the cost of
the work so performed or services rendered by assessment and levy
on the real property on which such violation occurred, and the expense
so assessed shall constitute a lien and charge on the real property
on which it is levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as
other Town charges.
[Amended 3-12-2008 by L.L. No. 3-2008]
Any person who violates or knowingly permits the violation of this chapter shall be deemed to have committed an offense against this chapter and shall be subject to the penalties provided in Chapter 1, General Provisions. Each separate violation shall constitute a separate additional offense. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Every day of such violation after the thirty-day period for compliance shall be deemed to constitute a separate additional offense. Notwithstanding the foregoing, any person violating any provision of this chapter or any article, section or subdivision thereof shall be subject to a civil penalty in the sum of $350 for the first such violation, $700 for the second such violation and $1,000 for any subsequent violation, said penalties to be recoverable in a civil action in the name of the Town of Brighton.
