The purpose of this chapter is to provide a minimum standard
for the maintenance of the exterior grounds of property located within
the Village in order to promote and preserve the health, welfare and
property of residents of and owners of property located in the Village
of Norwood. This chapter is designed to promote environmentally safe
residential neighborhoods, business and commercial districts by prohibiting
and regulating actions undertaken by property owners, their agents,
tenants and occupants which could potentially create and cause environmental
degradation of land and water within the Village. The adoption and
enforcement of this chapter is intended to serve as a deterrent to
substandard property maintenance.
As used in this chapter, the following terms shall have meanings
indicated below:
GARBAGE
Food wastes, food wrappers, containers, nonrecyclables or
other materials resulting from the use, consumption and preparation
of food or drink, as well as other expended, used or discarded materials,
such as paper, plastic, metal, rags or glass, etc., or any other wastes
generated from day-to-day activities of a household, business or public
or quasi-public facility.
GROUNDS AND EXTERIOR PROPERTY
Any area of a building or lot, excluding porch areas, not
enclosed within the walls of a building, including public rights-of-way,
sidewalks and the areas between sidewalks and streets, which are adjacent
to a property.
PORCH AREA
Includes any open and/or partially enclosed porches or decks
as well as entrances and/or exits which are in the public view.
PUBLIC VIEW
Areas of any property that are visible by pedestrian or vehicular
traffic in the public right-of-way or visible from the exterior ground
level of adjoining properties.
SOLID WASTE
Includes materials or substances that are discarded as being
spent, worthless or useless, including but not limited to materials
or substances such as garbage, refuse, industrial and commercial wastes,
sludge from air or water treatment facilities, rubbish, tires, ashes,
incinerator residue, construction and demolition debris, discarded
motor vehicles, discarded household and commercial appliances and
discarded furniture. An object shall be presumed to be discarded or
rejected solid waste when the object is stored, placed or left on
the grounds or exterior of the property in the view of neighbors or
passersby under circumstances which meet any of the following criteria:
A.
The object produces an offensive smell.
B.
The object is of a type designed for interior use or made of
materials which are suitable only for the interior use, and the object
is left outside and exposed to precipitation.
C.
The object has reached a degree of dilapidation or disrepair
that can reasonably be presumed to render the material unsuitable
for or incapable of being used for its original intended purpose or
some other reasonable purpose.
TRASH RECEPTACLE
A container that is nonabsorbent, watertight, and durable
having a tight-fitting lid in place. Plastic bags are not considered
durable containers.
WEEDS
Weeds shall be defined as all grasses, annual plants and
vegetation, other than trees or shrubs; provided, however; this term
shall not include cultivated flowers and gardens.
The grounds and exterior of all premises located within the
Village shall be maintained so that the appearance thereof shall reflect
a level of maintenance in keeping with the standards of the neighborhood
or such higher standards as may be adopted by the Village. The appearance
of grounds and exteriors shall not constitute a blighting effect upon
neighboring properties nor an element leading to progressive deterioration
or downgrading of neighboring properties. Without limiting the foregoing,
all owners, agents, tenants and occupants shall adopt the following
practices:
A. The owner, agent, tenant or occupant shall keep all and every part
of the premises which he owns and the steps, walks, driveways and
parking areas in a clean, sanitary and safe condition and free from
litter, debris, paper, solid waste, garbage and junk.
B. Disposing in a clean and sanitary manner all garbage, refuse and
debris. Solid waste or garbage, other than garbage stored in a trash
receptacle as defined above, is not to be stored in the public view,
except that construction and demolition debris related to an ongoing
construction project with a valid building permit may be stored in
the public view for no more than 30 days or by special exception by
the Code Enforcement Official.
C. Residents may place reusable materials on the front lawn for purposes
of informal scavenging. Such materials shall not be in public view
for more than two successive days.
D. Strong, waterproof plastic bags may be used to place garbage at the
roadside on the day of collection.
E. All premises and immediate exterior property shall be maintained
free from weeds in excess of 10 inches. All noxious weeds shall be
prohibited.
F. Swimming pools shall be maintained in a clean and sanitary condition,
and in good repair.
G. Surface and subsurface water shall be drained to prevent damage to
buildings and structures and to prevent development of stagnant water.
Gutters, culverts, catch basins, drain inlets, stormwater sewers and
sanitary sewers or other satisfactory drainage systems shall be utilized.
In no case shall the water from any rain leader be allowed to flow
over a sidewalk, driveway, public roadway or upon adjoining property.
H. Fences and retaining walls shall be maintained in a safe condition.
I. In the case of multifamily premises and commercial premises, steps,
walks, driveways, parking spaces and similar paved areas shall be
maintained so as to afford safe passage under normal use and weather
conditions. Within 24 hours after the cessation of snowfall, snow
shall be plowed or shoveled from all steps, walks and driveways used
or intended to be used by tenants, occupants, customers, invitees
or other members of the public.
J. No snow removed from driveways, walks or other areas shall be deposited
upon the public streets or highways so as to interfere with the use
of such streets or highways or with the use of any other premises.
K. Dead or incurably diseased trees shall be taken down, and the diseased
portion thereof removed and destroyed. Trees shall be kept pruned,
and dead wood one inch or more in diameter shall be removed.
L. Undergrowth and accumulation of plant growth which are noxious or
detrimental to health shall be eliminated or removed. Hedges and shrubs
shall be kept pruned or trimmed. Grass shall not be permitted to exceed
six inches in height.
The following conditions are hereby declared to be nuisances
and the maintenance of such nuisances is hereby prohibited within
the Village of Norwood. It shall be unlawful for any owner of real
property within the Village or the agent of such owner, tenant or
occupant of any premises and/or any person, firm or corporation lawfully
occupying any real property within the Village to permit:
A. Conditions which are dangerous to human life and health.
B. Weeds, brush or any portion of said growth to obtain a height in
excess of 10 inches.
C. Uncut grass to obtain a height in excess of six inches.
D. Accumulations of garbage or solid waste or rubbish.
E. Boats or motor vehicles or portions thereof to be parked or stored for unreasonable periods of time or to be parked or stored if it is abandoned, wrecked, dismantled, junked or substantially damaged and is not intended to be used or in no condition for legal use upon the public highway. (See also Chapter
185.)
F. A building or structural part or cellar thereof which does not provide
adequate means of egress or is not sufficiently supported, ventilated,
sewered, drained or cleaned.
G. Whatever renders soil, air, water, or food impure or unwholesome.
H. Slaughterhouses, privies, hogpens, accumulations of dung or manure,
carcasses, swill, brine, pigeon coops, urine of animals or any stinking,
obnoxious, offensive, foul or filthy liquids or other matters or conditions.
I. Discarded material of any kind, rubbish or refuse that is maintained
beyond normally scheduled garbage removal.
J. Accumulations of brush, tree stumps, or other vegetative waste or
rubble or construction waste that is maintained beyond normally scheduled
garbage removal.
K. Ponds or pools of stagnant water.
L. Pits, holes, excavations, uncovered wells or other declivities of
land which are unsightly or are liable to cause injuries to persons
falling therein or therefrom.
M. Barbed wire, razor wire, electrified fences, or such fences as are
otherwise forbidden by the provisions of Village of Norwood Code.
N. Accumulations of junk, old metals or machinery, rags or newspapers.
O. On private property located within any residence district of the
Village, the maintenance of any container actually accommodating or
designed to accommodate more than one cubic yard of rubbish, refuse
or discarded material of any kind.
P. Combustible waste, refuse and large quantities of dry vegetation,
which by reason of their proximity to buildings or structures would
constitute a fire hazard or contribute to the spread of fire, shall
be removed.
The following shall be the responsibility and practice of all
owners, their agents, tenants, or occupants of their property within
the Village:
A. Stairways, decks, porches and balconies are to be kept free of garbage
and solid waste, unless the garbage is stored and completely contained
in a durable, nonabsorbent, watertight container having tight-fitting
lids in place in anticipation of weekly collection or disposal. Plastic
bags are not considered durable containers.
B. Construction and demolition debris can be located in these areas
for no longer than 30 days.
C. Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
Upon failure to comply with the requirements of such notice,
the Village Board may, but shall not be under obligation to authorize
the work to be done and pay the cost thereof out of general funds
appropriated by the Village Board for such purpose. In case of such
failure to comply, the owner and/or person in control of the property
whereon the violation occurs is deemed to consent to the right of
entry by the Village officials for the sole purpose correcting such
violation.
The Village shall be reimbursed for the cost of the work performed
or the services rendered, as hereinabove provided, by assessment against
the lots or parcels of land where such work was performed or services
were rendered for so much of the actual or complete cost as incurred
upon and from each lot or lots by the assessment of all such cost
of such removal, including legal fees against the real property affected.
A. Whenever the Village shall incur any cost or expense in taking any
remedial action or performing any improvement, work or act pursuant
thereto, the amount of such cost or expense, along with an administrative
fee in the amount of $75, shall be billed to the owner and, if not
paid within 30 days, shall be assessed penalties from the expiration
date of such thirty-day period at the rate of 1/2 of 1% per month
until the assessment is paid or discharged in full. All penalties
collected shall be credited to the general fund.
B. At least 30 days before the end of the fiscal year, the officer or
official charged with the collection of such special or local assessments
shall transmit to the Village Board a statement of all delinquent
special or local assessments, showing the amounts thereof with penalties
computed to the first day of the month following the month in which
the fiscal year commences. The Village Board is required to include
the amounts in the annual tax levy and such amounts are extended on
the annual tax roll against the real properties concerned, and such
special assessments are thereafter deemed for the purposes of collection
to be a part of the annual Village Tax.
C. The Village may assess costs pursuant to this section in addition
to, and cumulatively with, the exercise of any other enforcement mechanisms
provided by this chapter or otherwise.
In addition to the foregoing, upon failure to comply with a
notice of violation as aforesaid, the Code Enforcement Officer may
issue an appearance ticket returnable in the court of competent jurisdiction.
Such person shall be prosecuted pursuant to the criminal procedure
law for the violation of a petty offense. A violation such ordinance
or local law shall be an offense punishable by a fine not to exceed
$250 or imprisonment for a term not to exceed 15 days, or both. For
the purposes of this chapter, each week's continued existence
of a violation shall constitute a separate violation.