[HISTORY: Adopted by the Board of Trustees
of the Village of Fultonville 8-29-2000 by L.L. No. 1-2000; amended in its entirety 5-21-2018 by Res. No. 5-01-2018. Subsequent amendments noted where applicable.]
A sanitary and hazard-free environment is declared to be of
vital importance to the health, welfare and safety of the inhabitants
of the Village of Fultonville as is the safeguarding of their material
rights against unwarranted invasion and the protection of the public
health. In addition, such an enforcement is deemed essential to the
maintenance and continued development of the economy of the Village
of Fultonville and the general welfare of its citizens. Therefore,
recognizing the above and the need of the community for an effective
and well-regulated procedure for the disposal of garbage and rubbish,
and for the maintenance of residential and business premises, whether
improved or vacant, the Village Board does hereby enact this chapter.
All residential and business premises located within the Village
of Fultonville, whether improved or vacant, shall be maintained in
conformity with the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any stove, washing machine, dryer, freezer, refrigerator,
or other household device or equipment abandoned, junked, discarded,
wholly or partially dismantled or no longer intended or in condition
for ordinary use for the purpose for which it was designed originally.
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes;
including but not limited to offices, places of public assembly, shopping
centers, restaurants, supermarkets, retail stores, warehouses, manufacturing
or fabrication plants, gasoline stations and other business uses.
Any person, firm, corporation, partnership, or other association
engaged in the business of collecting, disposing or transporting garbage,
refuse or waste material in any part of the Village of Fultonville.
Any refuse from animal and vegetable matter, waste food or
parts thereof, refuse from kitchen, market, store or house, floor
sweepings, table waste or animal or vegetable matter, meats, fish,
bones, fat and all offal and organic waste substance or substances
capable of decay, but not including waste from slaughterhouses, rendering
plants or sanitary disposal systems.
The presence of insects, rodents, vermin or other pests.
Garbage, refuse and rubbish as herein defined and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
A plot, tract, premises or parcel of land with or without
buildings or structures located thereon, as surveyed or apportioned
for sale or other purpose.
Includes but not limited to power machines, lawn mower, motors
or parts that were once motorized equipment.
Includes any and all vehicles propelled or drawn by power
other than muscular power, intended for use on public highways; any
unregistered, old or secondhand motor vehicle or trailer; any motor
vehicle in such condition or state of repair that it cannot be licensed
immediately without extensive repair; any abandoned, junked, discarded,
wholly or partially dismantled motor vehicle no longer intended or
in condition for legal use on the public highways or any vehicle incapable
of passing a New York State inspection. This does not include inoperable
farm or construction vehicles, implements, equipment or machinery
retained for the purpose of salvaging usable parts in connection with
the ongoing operation of an on-site farm or construction business,
provided that such items are stored within a consolidated area out
of the public view.
Includes the placing, maintaining or keeping of any motor
vehicle, appliance, motorized equipment, rubbish and debris as the
same are defined herein in a place other than a structure with a roof
and fully enclosed on all sides.
The person having legal title to property and also the person
shown as owner of the property on the current assessment rolls of
the Village.
One or more persons of either sex, natural persons, corporations,
partnership, associations, joint-stock companies, unincorporated associations,
their agents or employees, society clubs and all other entities of
any kind capable of being sued.
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the town, but not including lands used for agricultural purposes.
A nuisance which is a thing, act or occupation or use of
property, premises, equipment or structure, either private or public,
affecting the health of one or more persons.
Plastics, combustible trash, including but not limited to
paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches,
yard trimmings, wood furniture and bedding. Also included is noncombustible
trash, including but not limited to tires, metals, cans, plastics,
metal furniture, small quantities of rock, brick and concrete, glass,
metal fixtures, bottles and street rubbish, street sweepings, dirt,
leaves, catch basin dirt and contents of litter receptacles, ashes,
dead animals, junked vehicles, solid market and industrial wastes,
cardboard, crockery or similar materials.
Any person having a domicile within general limits of the
Village, including landlords and tenants. The term shall also include
any person, firm, partnership, corporation or other association operating
an established business within the limit of the Village of Fultonville.
A building or combination of buildings used solely for the
personal living purpose of the occupants thereof, whether as owners
or tenants thereof and not used for any business purposes.
Includes, but is not limited to, waste produced by industrial
or manufacturing process, including food-processing waste, boiling
house cinders, lumber scraps and shavings, slag, industrial sludge
or other chemical waste and by-products, tires, oils and large amounts
of wood, concrete, rocks, brick, sand and other wastes from building
operations.
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
The provisions of this chapter shall supplement all local laws,
ordinances, codes or regulations existing in the Village of Fultonville
and other statutes and regulations of municipal authorities having
jurisdiction applicable thereto. Where a provision of this chapter
is found to be in conflict with any other provision of any existing
local law, ordinances, codes or regulations, the provision or requirement
which is more restrictive or which establishes the higher standard
shall prevail.
A.Â
Surface
or subsurface water shall be appropriately drained to protect buildings
and structures and to prevent the development of stagnant ponds. Gutters,
culverts, catch basins, drain inlets, stormwater sewers or other satisfactory
drainage systems shall be utilized where necessary. No roof, surface
or sanitary drainage shall create a structural, safety or health hazard
by reason of construction, maintenance or manner of discharge.
B.Â
Fences
and other minor construction shall be maintained in a safe and substantial
condition. This section shall not apply to fences used strictly for
agricultural purposes.
C.Â
Steps,
walks, driveways, parking spaces and similar 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
and necessary repairs or replacement carried out.
D.Â
Yards
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 dust and other particles from being blown about
the neighborhood. Open wells, cesspools or cisterns shall be securely
closed and barricaded from access to the public.
E.Â
All
land must be kept free of dead or dying trees and accumulations of
brush, shrubs, weeds, grass, leaves, stumps, excessive roots 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 tend to cause to enhance
an unhealthy or dangerous, obnoxious condition on said property or
on any adjacent or neighboring property.
No outside storage or accumulation of garbage, crates, rubbish,
refuse or debris shall be permitted at any time. All such garbage,
crates, rubbish, refuse or debris shall be kept inside the building
or buildings on the premises or in an acceptable enclosure and shall
be collected regularly and removed from the premises.
A.Â
Grounds,
buildings and structures within the Village of Fultonville 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 practice.
B.Â
Where
the potential for rodent or vermin infestation exists, windows and
other openings in basements and cellars shall be appropriately screened
with wire mesh or other suitable materials.
A.Â
Residential
and business premises with the Village of Fultonville, whether improved
or vacant, shall be maintained free of all litter; provided, however,
that this section shall not prohibit the storage of litter for a reasonable
period of time in authorized receptacles for collection.
B.Â
Adequate
sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse in accordance
with the provisions of applicable codes.
C.Â
It
shall be unlawful for any person to throw, spill, place, deposit,
or leave or cause to be thrown, spilled, placed, deposited or left,
or permit any agent, servant or employee to throw, spill, place, deposit, or
leave, in or upon any street, highway, alley, sidewalk, park or public
building or in any running water or body of water within the Village
of Fultonville any garbage, refuse, rubbish, waste material, litter
or filth, including but not limited to sewage, excrement, slops, dead
carcasses, compost, ashes, soot or any material subject to be carried
by the wind or unwholesome or putrescible matter of any kind.
A.Â
It
shall be unlawful for any person, as owner, occupant, lessee, agent
or representative or in any capacity, to store, deposit, place, maintain
or cause or permit to be stored, deposited, placed or maintained outdoors
any abandoned, junked, discarded, wholly or partially dismantled or
unlicensed motor vehicles or vehicles, motorized equipment, appliance,
rubbish or debris as defined in this chapter upon private property
within the corporate limits of the Village of Fultonville, except
as follows:
B.Â
No
appliance may be discarded, abandoned or stored in a place accessible
to children without first completely removing any locking device and
all doors.
A.Â
It shall be unlawful for any person, as owner, lessee, agent, tenant
or otherwise, to throw, cast, spill or otherwise deposit or cause
or permit to be thrown, cast, spilled or deposited, any litter, rubbish
and refuse, garbage, manure, offal or other decomposable organic or
putrescible matter in or about any land or lot, vacant or otherwise,
within the Village limit.
B.Â
Nothing in this section shall be construed to prohibit the temporary
storage of garbage, refuse and waste material awaiting removal, provided
that such storage is accomplished by way of tightly covered containers
or cans whenever practicable, nor shall this section be construed
as prohibiting the depositing of manure or fertilizers upon any private
property for the purpose of cultivating or improving the same.
A.Â
All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
deterioration or weathering.
B.Â
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 buildings or to the public.
C.Â
The foundation walls of every building shall be maintained in good
repair and be structurally sound.
D.Â
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 buildings. 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
within a reasonable amount of time. Exterior walls, roofs and other
parts of the building shall be free from loose and unsecured objects
and material. Such objects or materials shall be removed, repaired
or replaced.
E.Â
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 insure
the building and its adjoining yards remain safe and secure and do
not present a hazard to adjoining property or the public.
A.Â
Owners of premises shall be responsible for compliance with the provisions
of this chapter and shall remain responsible therefor regardless of
the fact that this chapter may also place certain responsibilities
on tenants or occupants and regardless of any agreement between owners
and tenants or occupants as to which party shall assume such responsibility.
B.Â
Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the Village as
executor, administrator, trustee, guardian, operator or agent, such
person shall be deemed and taken to be the owner or owners of said
property within the true intent and meaning of this chapter and shall
be bound to comply with the provision of this chapter to the same
extent as the record owner; and notice to any such person of any order
or decision of the Building Inspector shall be deemed and taken to
be a good and sufficient notice, as if such person or persons were
actually the record owner or owners of such property. In instances
where an occupant is responsible or shares responsibility with the
owner for the existence of one or more violations of this chapter,
said occupant shall be deemed and taken to be an owner within the
true intent and meaning of this chapter.
A.Â
The Building Inspector of the Village of Fultonville, as designated
by the Village Board of such Village, shall have authority, as specified
herein, to inspect all premises within the Village to enforce the
provisions of this chapter.
B.Â
Whenever it shall appear that the provisions of this chapter are
being violated, the Inspector shall, except upon plain view where
no entry is necessary, secure approval from an owner, lessee, agent,
tenant, or other person with authority, to make an inspection of the
property and shall prepare a written report of the condition found.
A.Â
If the condition existing on property violates the provisions of
this chapter, the Building Inspector shall serve or cause to be served
a written notice, by certified mail or personal service, upon the
owner, lessee, agent, tenant or other person with authority over said
premises.
B.Â
Said notice shall contain substantially the following: the name of
the owner, lessee, agent or other person with authority over the premises;
the identification of the premises as the same appears on the current
assessment roll of the Village; a statement of the condition of the
premises as found on the inspection; a demand to maintain property
and/or that the motor vehicles, motorized equipment, litter, appliance,
rubbish, refuse, or debris be removed from the premises on or before
five days after the mailing or service of such notice.
C.Â
Upon the failure of the owner, lessee, agent, tenant or other person
with authority over the premises to correct the violation after receipt
of the five-day notice, the Enforcement Officer shall file a complaint
with the Village of Fultonville Justice Court. In addition to the
above provided penalties, the Village Board may also maintain an action
or proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any section of this chapter.
Where the violation or condition existing on the premises is
of a nature as to constitute an immediate threat to life and limb
unless abated without delay, the Enforcement Officer may order the
owner, operator or occupant to correct the violation or condition
within the period of time consistent with the hazard involved and
with the measures necessary to remove the hazard; and upon the failure
of the owner, operator or occupant to correct said condition, the
Enforcement Officer may abate said condition immediately thereafter.
Where abatement of any nuisance, as defined herein, or correction
of a defect on the premises or the maintenance of the premises in
a proper condition to conform to applicable ordinances of the Village
of Fultonville or the laws of the State of New York require expenditures
of the Village of Fultonville moneys therefor, either by supplying
labor by Village employees, the furnishing of material by the Village
or the hiring of outside contractors, the Enforcement Officer shall
present a report of the work accomplished to the Village Board of
the Village of Fultonville, along with a summary of the proceedings
undertaken to secure compliance, including notice served upon the
owner, operators, occupants or their agents, as the case may be, by
telephone, telegraph, etc. The Village Board shall then approve the
expenditures made and assess the same against the premises, collectible
as provided by law. A copy of the resolution approving said expenses
shall be certified by the Village Clerk, and a copy of the report
and resolution shall be sent by certified mail, return receipt requested,
to the owner.
Every person convicted or violating this chapter shall, for
a first conviction thereof, be punished by a fine of not more than
$250 or by imprisonment for not more than 20 days, or both such fine
and imprisonment; for a second conviction within six months thereafter,
such person shall be punished by a fine of not more than $500 or by
imprisonment for not more than 60 days, or by both fine and imprisonment;
and upon such third or subsequent conviction within 12 months after
the first conviction, such person shall be punished by a fine of not
more than $1,000 or by imprisonment of not more than 90 days, or by
both such fine and imprisonment.
