Multifamily premises, commercial premises and single-family
residences shall be maintained in conformity with the provisions of
this chapter. The purpose of this chapter shall be to:
A. Provide
for the public health, safety and welfare.
B. Avoid,
prevent and eliminate the maintenance or creation of hazards to the
public health or safety.
C. Avoid,
prevent and eliminate conditions which, if permitted to exist or continue,
will depreciate or tend to depreciate the value of adjacent or surrounding
properties.
D. Prevent
the creation, continuation, extension or aggravation of blight.
E. Preserve
property values in the Town.
F. Prevent
the physical deterioration or progressive downgrading of the quality
of housing facilities in the Town.
G. Maintain
the value and economic health of the commercial properties and businesses
that serve and help to support the Town and its citizens.
H. Prevent
and eliminate physical conditions in or on property which constitute
nuisances and are thereby potentially dangerous or hazardous to the
life, health or safety of persons on or near the premises where such
conditions exist.
I. Establish
minimum standards governing the unattended growth of brush, long grass,
noxious weeds and other rank growths on private property in the Town.
J. Fix
responsibilities and duties therefor upon owners, lessees, operators
and occupants of property.
K. Provide
for administration and enforcement.
L. Fix
penalties for the violation of this code.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
COMMERCIAL PREMISES
A building, structure or land, together with any garage or
other accessory building and the lot upon which such buildings or
structures are constructed, used for any purpose other than for single-family
or multifamily purposes, including but not limited to premises used
for retail purposes, business purposes or industrial purposes. Agricultural
operations shall not be considered a commercial premises.
MULTIFAMILY PREMISES
Any building which contains more than one dwelling unit,
together with any garage or other accessory buildings and the lot
upon which such building or buildings are constructed.
PERSON
Includes the owner, tenant, occupant, mortgagee or vendee,
sublessee, agent or any other person, firm or corporation directly
or indirectly in control of any premises, building or part thereof
or who is entitled to such control in preference of, but not necessarily
in exclusion of, all others.
SINGLE-FAMILY RESIDENCE
A building which contains one dwelling unit, together with
any garage or other accessory building and the lot upon which such
building or buildings are constructed.
Any person, upon conviction of a violation of this chapter,
shall be fined $100 for the first offense and $200 for the second
or any subsequent offense within a twelve-month period. In addition,
such person shall be subject to imprisonment for a term not exceeding
15 days, or both fine and imprisonment, should the violation continue.
The continuation of any offense against the provisions of this chapter
shall constitute, for each week the offense is continued, a separate
and distinct offense hereunder.
Whenever the Code Enforcement Officer finds that an emergency
exists which requires immediate attention to protect the public health
or safety, he may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring that such action be
taken as he deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall take effect
immediately. Any person to whom such order is directed shall immediately
or shall, within 48 hours of the issuance of the order, comply therewith,
but, upon petition with a hearing of the Town Board, the Town Board
shall afford a hearing as soon as possible. The timely filing of the
petition with the Town Board shall automatically stay the order pending
the hearing and order of the court. After such hearing, the court
shall either continue such order in effect, shall modify such order
or shall nullify it.
All ordinances, local laws, or resolutions or parts of ordinances,
local laws or resolutions of the Town of Goshen inconsistent with
the provisions of this chapter are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency
and that in all respects this chapter shall be in addition to the
other legislation regulating and governing the subject matter covered
by this chapter.