[HISTORY: Adopted by the Town Board of the
Town of Brutus 12-11-2006 by L.L. No. 5-2006; amended in its entirety
7-8-2013 by L.L. No. 2-2013. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Recycling — See Ch. 102.
The purpose of this chapter shall be to protect
and promote the health, safety and welfare of the people of the Town
of Brutus insofar as they are affected by the occupancy and maintenance
of structures, equipment and exterior property and to prevent the
gradual encroachment of blight, deterioration, unsightliness and property
devaluation. All residential and nonresidential structures and premises
within the Town of Brutus, whether improved or vacant, shall be maintained
in conformity with the requirements, prohibitions and storage regulation
provisions of this chapter.
For the purposes of this chapter, the following
words, phrases and terms and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number
include the singular, words used in the singular number include the
plural and words in the masculine include the feminine. The word "shall"
is always mandatory and not merely directory.
A motor vehicle, as defined herein, no longer in condition
for use for which it was intended.
A litter storage and collection receptacle of steel, aluminum
or plastic of ten- to thirty-gallons capacity with tight cover, or
larger steel container with closed lid.
Uncultivated woody shrubs and immature trees.
Putrescible animal and vegetable wastes resulting from handling,
preparation, cooking and consumption of food.
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering. Grass may also be used for ground covering or the establishment
of drainage swales, flood routes or water detention or retention basins.
Garbage, refuse and rubbish, as defined herein, and all other
waste materials which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare and
tends to create blight.
The term "motor vehicle" includes all vehicles as defined
by NYS Vehicle and Traffic Law § 125. The term "motor vehicle"
shall also include all-terrain vehicles as defined by NYS Vehicle
and Traffic Law § 2281 and snowmobiles as defined by NYS
Vehicle and Traffic Law § 2221.
Materials and objects that are not waste and are not considered
garbage, litter, refuse or rubbish under this chapter but which nevertheless
pose a nuisance, blight or danger to public health, safety or welfare
by virtue of their accumulation or scattering in publicly visible
exterior locations such as lawns and porches for extended periods
of time, i.e., more than 30 days. Nuisance materials may include,
but are not limited to, such items as furniture, children’s
or pet’s toys, cookware, building materials (in the absence
of an active building permit), appliances and clothing/fabric.
A park, playground, recreation center or any other public
area in the Town, owned by the Town and devoted to active or passive
recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any house, building or other structure not owned or operated
by the Town, whether inhabited or temporarily or continuously uninhabited
or temporarily or continuously uninhabited or vacant, including any
yard, ground, parking lot, walk, driveway, porch steps, vestibule
or mailbox belonging or appurtenant to such house, building or other
structure.
Any and all streets, highway rights-of-way, sidewalks or
other public ways and any and all public or quasi-public parks, spaces,
grounds and buildings, including school grounds.
All putrescible and nonputrescible solid waste except body
waste, including garbage; rubbish; ashes, incinerator residue; street
cleanings; offal, dead animals; abandoned automobiles and any parts
thereof; agricultural wastes, excluding usable agricultural equipment;
commercial wastes; industrial wastes and construction and demolition
debris, including commercial and industrial equipment having no value
other than scrap metal. Also, unused and/or abandoned mobile homes
and recreation vehicles with accessories.
Nonputrescible and solid wastes consisting of both combustible
and noncombustible wastes, such as but not limited to paper wrappings,
cardboard, tin cans, wood, glass, bedding and crockery.
The Town of Brutus.
Wild, useless, poisonous or noxious and generally undesirable
plants growing in random and inappropriate locations.
A.
Litter and/or nuisance materials in public places;
placement in receptacles.
(1)
No person shall throw or deposit litter and/or nuisance
materials in or upon any street, highway right-of-way or other public
place within the Town, except in public receptacles or in authorized
private receptacles for collection. No person shall throw or deposit
litter and/or nuisance materials in any private receptacle which he
does not own without the consent of the owner thereof.
(2)
Persons placing litter and/or nuisance materials in
public receptacles or in authorized private receptacles shall do so
in such a manner as to prevent it from being carried or deposited
by the elements upon any street, sidewalk or other public place upon
private property.
(3)
No person shall sweep into or deposit in any gutter,
street, highway right-of-way or other public place within the Town
the accumulation of litter and/or nuisance materials from any building
or lot or from any public or private sidewalk or driveway.
(4)
No person shall sweep into, throw, deposit or cause
to be deposited in any gutter, street, highway right-of-way or other
public place within the Town any accumulation of dirt, mud, stone
or combination thereof. The owner of the property, the lessee of property
and, as the case may be, the operator of any business thereon, including
the business of building construction, shall take all steps necessary
to prevent dirt, mud and stone from being deposited in any gutter,
street, highway right-of-way or other public place by any person,
vehicle or natural means such as but not limited to erosion and runoff
from said property. Nothing contained in this subsection shall be
construed as prohibiting the use in a reasonable manner of sand or
stone for the purpose of reducing the hazard of, or providing traction
on, snow, ice or sleet.
B.
Litter and/or nuisance materials from vehicles.
(1)
No person shall throw or deposit litter and/or nuisance
materials from any vehicle upon any street or other public place within
the Town or upon private property.
(2)
No person shall drive or move any truck or other vehicle
within the Town unless such vehicle is so constructed or loaded as
to prevent any load, contents or litter and/or nuisance materials
from being blown or deposited upon any street or other public place
or private property.
C.
Litter and/or nuisance materials in parks, rivers
and streams.
(1)
No person shall throw or deposit litter and/or nuisance
materials in any park within the Town except in public receptacles
and in such a manner that the litter and/or nuisance materials will
be prevented from being carried or deposited by the elements upon
any part of the park or upon any street or other public or private
place. Where public receptacles are not provided, all such litter
and/or nuisance materials shall be carried away from the park by the
person responsible for its presence and properly disposed of elsewhere
as provided herein.
(2)
No person shall throw or deposit litter and/or nuisance
materials in any pond, river, stream or any other body of water in
a park or elsewhere within the Town.
D.
Litter and/or nuisance materials on private property.
(1)
No person shall throw or deposit litter and/or nuisance
materials on any private property within the Town, whether owned by
such person or not and whether occupied or vacant, except that the
owner or person in control of private property may maintain authorized
private receptacles for collection in such a manner that litter and/or
nuisance materials will be prevented from being carried or deposited
by the elements upon any street, highway right-of-way, sidewalk or
other public place or upon private property.
(2)
No person, as owner, occupant, lessee or agent, or
in any capacity, shall store, deposit, place, maintain or cause or
permit to be stored, deposited, placed or maintained outdoors on any
private property, including but not limited to mobile home parks within
the Town, any abandoned, junked, discarded, wholly or partially dismantled,
unlicensed or unregistered motor vehicle, any abandoned, discarded,
wholly or partially dismantled mobile homes, rubbish or debris upon
any private property within the Town. This chapter shall not apply
to rubbish or debris temporarily stored or placed in a container for
collection or disposal.
E.
Brush, grass
and weed control.
(1)
The
owner or occupant of property shall ensure that all brush, grass and/or
weeds are cut or trimmed to avoid the development of places for the
accumulation of blowing litter, dumping of litter or nuisance materials,
rodent harborage or infestation, criminal activity or places which
constitute a blighting or unsightly influence on the neighborhood.
Any trees, brush or portions thereof which are hazardous to persons
or property must be trimmed or removed to eliminate the hazard.
(2)
No grass
or weeds in excess of 10 inches shall be allowed in residentially
zoned neighborhoods. Farm properties and open or wooded lands are
not required to be mowed.
A.
Generally. No garbage or refuse shall be stored or
accumulated on any premises within the Town of Brutus except as permitted
by this chapter.
B.
Accumulation of garbage and refuse except for collection.
No person shall allow accumulation of garbage or refuse upon the premises
owned or occupied by him, except for the purpose of being collected,
and no garbage or refuse shall be burned in an open fire or in a metal
basket, can or drum in any part of the Town except containers for
the burning of paper, provided said burning is not in violation of
any law of the State of New York or County of Cayuga.
C.
Required number and type of receptacles. Every person
who is an owner, lessee or occupant of any residence, building, premises
or place of business within the Town shall provide, or cause to be
provided, and at all times keep suitable and sufficient authorized
private receptacles for receiving and containing garbage or refuse
that may accumulate or be used upon said premises. No such receptacle
shall be kept near any public place longer than may be necessary for
the removal of the contents thereof. All receptacles used for the
reception of garbage or refuse shall be provided with proper covers
and such receptacles shall at all times be securely closed and watertight.
D.
Large receptacles.
(1)
No person shall maintain or cause to be maintained,
on any premises, a 1 1/2 cubic yard or larger receptacle for
garbage or refuse, commonly known as a dumpster, unless at all times
said receptacle meets the following requirements:
(a)
The receptacle owner's name must be clearly displayed
on the receptacle in lettering no smaller than four inches and no
longer than six inches;
(b)
The receptacle must be adequately painted in a solid
color and kept free of rust;
(c)
The receptacle must display reflectors or reflectorized
taped;
(d)
The area around the receptacle must be kept free of
debris and spillage;
(e)
The receptacle top must be closed securely except
when garbage or refuse is actually being deposited in the receptacle;
and
(f)
The receptacle must be watertight and free of leakage.
A.
Inspection. Whenever it shall appear that the provisions
of this chapter as amended are violated, the Code Enforcement Officer
shall make an inspection of the property involved and shall prepare
a written report of the conditions found, which report shall be filed
with the Town Board.
B.
Notice of violation.
(1)
If conditions
existing on the inspected property violate the provisions of this
chapter, the Code Enforcement Officer shall serve or cause to be served
a written notice of such violation, referred to hereinafter as a notice
of violation, either personally or by certified mail, upon the owner
or owner's agent as well as upon the lessee or occupant of said property.
(2)
Said
notice shall contain substantially the following: the name of the
owner, lessee or occupant of the property; the address or location
of the property, the identification of the property as the same appears
on the current assessment roll, a statement of the conditions on the
property deemed upon inspection to be in violation of this chapter;
a demand that the litter, nuisance materials, motor vehicle or abandoned,
discarded, wholly or partially dismantled mobile home determined to
be in violation of this chapter be removed from the property on or
before 10 days after the service or mailing of such notice; a statement
that a failure or refusal to comply with the provisions of this chapter
and the notice given pursuant thereto within the time specified may
result in a duly authorized officer, agent or employee of the Town
entering upon the property and removing such litter, nuisance materials,
motor vehicle or abandoned, discarded, wholly or partially dismantled
mobile home and causing the same to be disposed of or otherwise destroyed,
and that the cost and expense of such removal and disposal or destruction
shall be assessed against the described property and shall constitute
a lien thereon to be collected as provided by law.
(3)
Said
notice shall also contain the date, time, and location at which the
Town Board will conduct a public hearing to determine whether the
conditions upon the subject property constitute a public nuisance.
Said notice shall state that the property owner, his/her agent, lessee
or occupant is entitled to be heard at such hearing and present evidence
or testimony. The date of such public hearing must be at least 10
days after service or mailing of the notice of violation. Notice of
the public hearing shall be published in a paper of general circulation
in the Town at least five days prior to the date of the public hearing.
(4)
Nothing
contained herein shall require notice as a prerequisite to the issuance
of a summons or appearance ticket for a violation of any of the provisions
of this chapter.
C.
Second inspection and report. On or before the date
of the public hearing and prior to commencement of the public hearing
the Code Enforcement Officer shall conduct a second inspection of
the property and file a written report of the conditions deemed in
violation of this chapter found thereon with the Town Board. Such
inspection shall be conducted as close to the date of the public hearing
as practicable.
D.
Declaration of public nuisance and remediation.
(1)
At the close of the public hearing, the Town Board
may determine that the conditions upon the subject property which
violate this chapter constitute a public nuisance.
(2)
Upon a determination by the Town Board that conditions
upon the property constitute a public nuisance, the Town Board is
empowered to authorize officers, agents or employees of the Town Board
to enter onto the property to remove any vehicle, abandoned, discarded,
wholly or partially dismantled mobile homes, rubbish or debris stored,
deposited, placed or maintained in violation of this chapter and dispose
of or otherwise destroy same. Any costs and expenses incurred by the
Town when acting pursuant to this chapter to abate a public nuisance
shall be assessed against the property involved and shall constitute
a lien thereon.
(3)
Where the full amount due the Town is not paid within
30 days after abatement of the public nuisance by the Town, then and
in that case, the Town Clerk shall cause to be recorded in the Town
record a sworn statement showing the cost and expense incurred for
the work, the date the work was done and the location of the property
on which said work was done. The recordation of such sworn statement
shall constitute a lien and privilege on the property and shall remain
in full force and effect for the amount due in principal and interest,
plus costs of court, if any, for collection, until final payment has
been made. Said costs and expenses shall be collected in the manner
fixed by law for the collection of taxes, and further, shall be subject
to a delinquent penalty of 10% in the event that the same is not paid
in full on or before the date the tax bill upon which said charge
appears becomes delinquent. Sworn statements recorded in accordance
with the provisions hereof shall be prima facie evidence that all
legal formalities have been complied with and that the work has been
done properly and satisfactorily and shall be full notice to every
person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described
in the statement and that the same is due and collectible as provided
by law.
E.
Emergency actions.
(1)
Nothing in this chapter shall prohibit a municipality
from entering onto private property to remove any motor vehicle, appliance,
rubbish or debris whenever there exists an imminent threat to the
life or safety of persons. Municipal authority pursuant to this section
may only be exercised where there is a dire necessity to protect life
and safety. Any municipal action taken pursuant to this section must
be reasonably calculated to alleviate or prevent the crisis condition
and must be limited to those actions necessary to eliminate the emergency
situation.
(2)
A property owner shall be given notice and an opportunity
to be heard prior to any costs and expenses incurred pursuant to this
section being placed on the property's tax bill.
A.
Any person
violating any of the provisions of this chapter shall be punished,
upon conviction in Town Justice Court, by a fine not exceeding $500
for a first offense. Conviction for a second offense, committed within
five years of the first offense, is punishable by a fine not exceeding
$750. Conviction for a third or subsequent offense, committed within
five years of the first offense, is punishable by a fine not exceeding
$1,000. Each day of continued violation of this chapter, after the
initial written notice thereof, shall constitute a separate additional
violation without additional subsequent notice(s) having to be provided
by the Town.
B.
Instead
of or in addition to the aforementioned remedy, the Town may institute
an action or proceeding, including the seeking of injunctive relief,
to compel compliance with or prevent violation of this chapter.
C.
Instead
of or in addition to the aforementioned remedies, the Town may impose
a civil penalty not exceeding $100 upon any person who violates any
provision of this chapter or who shall omit, neglect or refuse to
do any act required thereby. When a violation of any of the provisions
is continuous, each day thereof shall constitute a separate and distinct
violation subjecting the offender to an additional civil penalty without
additional subsequent notice(s) having to be provided by the Town.
D.
The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the enforced removal of conditions prohibited thereby. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable, in addition to the criminal and civil penalties, in accordance with § 80-5 of this chapter.
E.
Repeat or
subsequent offenses occurring within the same calendar year shall
be corrected by the Town in the same manner without notice to the
owner having control of the property. After initial notification,
such owner having control of the property will be presumed to have
been given sufficient notice of violation of this chapter for the
duration of the calendar year.
