This chapter shall be known as the "Property Maintenance Code
of the Village of Victor" and may be referred to in this chapter as
the "Property Maintenance Code" or as "this code."
The purpose of this chapter is to provide for public health,
safety and welfare; to avoid, eliminate and minimize hazards to public
and safety; and to preserve the value of properties, structures and
businesses within the Village.
For the specific purpose of this code, the following terms,
whenever used herein or referred to in this code, shall have the respective
meanings given to them hereunder, unless a different meaning clearly
appears from the context:
ABANDONED
A.
Personal property which is in disrepair for a period for more
than 45 days.
B.
A motor vehicle, which is unregistered with the proper authorities
for a period of at least 30 days or a trailer, which is unregistered
with the proper authorities for a period of at least 180 days from
the expiration of the last valid registration or is in a state of
inoperability such that it cannot be legally operated. Excluded are
vehicles in the possession of authorized car dealers or motor vehicle
repair facilities.
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto, and the open land
space of any premises outside of any building or structure erected
thereon.
OCCUPANT
Any person having actual possession, use or occupancy of
a dwelling premises or rooming unit or any person or entity in possession
of or using any premises or part thereof, whether or not the owner
thereof and regardless of the duration of time of such possession,
use or occupancy.
OPERATOR
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises or a part thereof, with
or without the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal title
in any form whatsoever to any premises or part thereof, with or without
accompanying actual possession thereof, or who shall have charge,
care or control of any lot, premises, building or structure or part
thereof as owner or agent of the owner or as a fiduciary, trustee,
receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this chapter and
shall have responsibility over the portion of the premises so sublet,
leased or assigned.
PREMISES
A lot, plot or parcel of land or right-of-way, including
the building or structures thereon.
REFUSE or RUBBISH
All discarded materials, including but not limited to garbage,
trash, ashes, paper, paper goods and products, wrappings, cans, bottles,
containers, yard clippings, garden waste, debris, junk, glass, boxes,
crockery, wood, mineral matter, plastic, rubber, leather, furniture,
household goods, appliances, bedding, scrap lumber, scrap metal, construction
material, inoperable machinery or parts thereof, garden or farming
implements and supplies, dead or rotting vegetation, fires, abandoned,
inoperative or unusable automobiles and vehicles and solid commercial
or industrial waste.
RODENT HARBORAGE
Any condition created by the property owner, operator or
occupant which provides shelter or protection for rodents or which
favors their multiplication and continued existence.
TRAILERS
Unpowered vehicles towed by another.
VEHICLES
Vehicles operated, driven, capable of being driven or operated
upon a public highway by any power other than muscular power, including
unpowered vehicles towed by another. This definition includes lawn
tractors, agricultural equipment, motorcycles, snowmobiles, and similar
devices.
Every residential and nonresidential building or structure and
the premises or part of the premises on which it is situated, including
vacant lots, are required to comply with the provisions of this code.
In any case where the provisions of this code impose a higher
or stricter standard than set forth in any other ordinance, local
law or regulation of the Village or under the laws or regulations
of the State of New York or any of its agencies, then the standards
as set forth herein shall prevail.
Compliance with this code shall not constitute a defense against
any violation of any other ordinance or local law of the Village applicable
to any structure or premises, nor shall any one act of compliance
constitute a defense against any subsequent or other violation of
this code.
Nothing contained in this code or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of the Zoning Ordinance or zoning laws of the Village.
Nothing in this code shall be deemed to abolish or impair existing
remedies of the Village or its officers or agencies relating to the
removal or demolition of any buildings or structures which are deemed
to be dangerous, unsafe or unsanitary.
In furtherance of the purposes of this chapter, it shall be
the duty and responsibility of the owner, operator and occupant of
premises to comply with all of the requirements and standards of this
chapter to keep the premises free from conditions which constitute
violations hereof and to promptly remove, prevent or abate such conditions.
The exterior of all premises shall be kept free of the following
matter, material or conditions:
A. Refuse or rubbish as hereinbefore defined.
B. Abandoned or uncovered wells, shafts, towers, exterior cellar openings,
basement hatchways, foundations or excavations.
C. Abandoned iceboxes, refrigerators, heaters, television sets and other
similar major appliances.
D. Structurally unsafe or unsound buildings or portions thereof, structures
or fences.
E. Rodents, vermin, pest infestations or rodent harborages.
F. Vehicles or parts thereof, including boats and trailers, motorized
or not, licensed or unlicensed, registered or unregistered, which
vehicles or parts thereof are or have been junked, abandoned, dismantled
or are in a state of visible disrepair.
G. Vegetation, including trees and shrubs, that block egress components
such as doors or rescue windows as defined in the New York State Uniform
Building Code.
H. Any accumulation of personal property which is abandoned or stored
in driveways or walkways.
It shall be unlawful for any owner, operator or occupant person,
firm or corporation, to store or deposit, or permit to be stored or
deposited, an abandoned or unlicensed motor vehicle upon any property
within the corporate limits of the Village of Victor.
Whenever a compliance order referred to in this chapter has
been served upon an owner of property and such owner fails, neglects
or refuses to comply with the requirements of such notice within the
time provided therein, the Village of Victor or its designee shall
have the right to enter upon the property in order to cut, trim or
remove such grass or weeds, as follows:
A. The expense of such work shall be a lawful charge against the owner
of said property.
B. All work done by the Village of Victor upon the failure of the owner
to comply with the notice to cut, trim or remove brush, grass, rubbish,
litter or weeds shall be charged on the following basis:
(1)
When such work is performed by Village employees, the costs
of labor, materials and equipment, calculated and billed as determined
by the Village Board to reflect the cost to the Village for such labor,
materials and equipment.
(2)
When such work is let by contract, the amount paid to the private
contractor plus 10% of such amount to cover the cost of clerical work
and Village inspection.
C. A bill or statement of the amount of expense incurred in doing such
act shall be served upon the owner of the property by certified mail
to his last known address. If not paid within 60 days of the due date
thereof, a statement of the amount thereof, with an addition of 10%
and a description of said real property, shall be filed with the Town
Assessor. Such amount shall be added to the taxes on the real property
and shall constitute a lien and charge on said real property until
paid or otherwise satisfied or discharged.