[HISTORY: Adopted by the Board of Trustees of the Village of West
Carthage 1-23-1989 by L.L. No. 1-1989.
Amendments noted where applicable.]
All residential, commercial and industrial premises within the Village
of West Carthage, whether improved or vacant, shall be maintained in conformity
with the provisions of this chapter so as to assure the desirable character
of the property.
As used in this chapter, the following terms shall have the meanings
indicated:
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, supermarkets,
retail stores, warehouses, manufacturing or fabrication plants, gasoline stations
and other business uses.
An open and unoccupied space on a lot and enclosed on at least three
sides by the walls of a building.
Animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
The presence of insects, rodents, vermin or other pests.
Any vehicle, including a trailer, which is without a currently valid
license plate or plates and is in either a rusted, wrecked, discarded, dismantled,
partly dismantled, inoperative or an abandoned condition.
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 or spoils the natural beauty
of our Village.
A plot, tract, premises or parcel of land, with or without buildings
or structures located thereon.
All solid wastes, including garbage, rubbish, ashes, street cleanings,
dead animals, junked vehicles and solid market and industrial wastes.
Solid wastes consisting of, but not limited to, both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
Any building or part thereof which remains unoccupied for a period
of more than six months, with either doors, windows or other openings broken,
removed or boarded or sealed up, or any building under the construction upon
which little or no construction work has been performed for a period of more
than six months.
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 local laws, codes or
regulations existing in the Village of West Carthage and the 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 provision
of a local law, ordinance, code or regulation, the provision or requirement
which is more restrictive or which establishes the higher standard shall prevail.
A.
Surface and 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.
Fences and other minor construction shall be maintained
in a safe and substantial condition.
C.
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.
Yards, courts 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 or other particles from being
blown about the neighborhood. Open wells, cesspools or cisterns shall be securely
closed or barricaded from access to the public.
E.
Heavy undergrowth and accumulations of plant growth which
are noxious or detrimental to health shall be eliminated. Any trees or portions
thereof located on private property and constituting a hazard to persons or
property shall be removed.
F.
A junked vehicle may not be parked, stored or left in
the open. Nothing in this chapter shall be construed to prohibit the active
and ongoing restoration of vehicles, provided that such restoration is completed
within one year.
A.
Business units, as defined herein, shall at all times
be maintained in compliance with the provisions of this chapter regulating
open spaces, buildings or structures and littering.
B.
No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time, and 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 regularly collected
and removed from the premises.
C.
No shopping baskets, carts or wagons shall be left unattended
or standing in open areas, and the same shall be collected at the close of
business each day by the occupant of such unit and removed to the interior
of the building or buildings or arranged neatly against the building and secured
against removal by chains or other appropriate means.
D.
No mobile refrigeration unit shall be operated on the
premises after the closing of the business conducted thereon unless such mobile
refrigeration unit is electrically operated.
E.
No truck or other vehicle shall be loaded or unloaded
outside the confines of the building or buildings on the premises, before
7:00 a.m. or after the business conducted on the premises has been closed
to the public, in such a manner as to cause excessive noise or disturbance
to the adjoining properties.
F.
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance shall include
but shall not be limited to the maintenance and cutting of lawns and the replacement
and/or repair of fences which may become in disrepair.
A.
All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or sealed to protect them
from deterioration or weathering.
B.
The foundation walls of every building shall be maintained
in good repair and shall be structurally sound.
C.
Exterior walls, roofs and other parts of the building
shall be free from loose, improperly secured and unsecured objects and material.
Such objects or materials shall be removed, repaired or replaced.
D.
The owner of a vacated building shall take such steps
and perform such acts as may be required of him from time to time to ensure
that the building and its adjoining yards remain safe and secure and do not
present a hazard to adjoining property or to the public.
E.
Buildings and structures shall be maintained in such
a condition so that they shall not become unoccupied hazards, as defined in
this chapter. All graffiti or defacing shall be removed and the surface finish
restored within a five-day period.
F.
All signs and lighting systems shall be maintained in
a completely operable, clean and safe condition.
G.
All decorative pools and similar devices shall be maintained
free of litter and operated as intended. Should the maintenance costs of such
devices prove unacceptable, the devices shall be converted to landscaped planting
beds.
A.
Grounds, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation. Methods used
for exterminating insects, vermin and rodents shall conform to generally accepted
practice.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements or cellars shall be appropriately
screened with wire mesh or other suitable materials.
A.
Residential, commercial and industrial premises, whether
improved or vacant, shall be maintained free of litter; provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private receptacles for collection.
B.
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.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing any locking
devices and all doors.
D.
Shopping centers, supermarkets and similar business units
shall provide permanent, attractive, decorated litter receptacles within the
premises for public use and of sufficient quantity to prevent a person from
walking in excess of 50 feet to use one receptacle.
An occupant of the premises shall be responsible for compliance with
this section in regard to the following:
A.
Limiting the occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the Village Code.
B.
Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage facilities
in that part of the premises which he occupies or controls, in a clean and
sanitary condition and providing reasonable care in the operation and use
thereof.
D.
Keeping exits from his building clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner, in accordance with the provisions of the Village
Code.
F.
Extermination of insects, rodents or other pests within
his premises.
G.
Maintenance of yards, lawns and courts in a clean, sanitary
and safe condition and free from infestation insofar as said occupant occupies
or controls said yards, lawns and courts or any parts thereof.
H.
Keeping his domestic animals and pets in an appropriate
manner and under control.
I.
Elimination of all prohibited uses for the part of the
premises which he occupies, controls or has access thereto.
A.
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 operators and occupants and regardless of any agreement between owners
and operators or occupants as to which party shall assume such responsibility.
B.
Owners and operators of buildings shall be responsible
for the proper installation, maintenance, condition and operation of service
facilities and for furnishing adequate heat and hot-water supply where they
have contracted to do so.
C.
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 provisions
of this chapter to the same extent as the record owner, and notice to any
such person or any order or decision of the Mayor 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.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both. Each week's
continuing violation shall be considered a separate offense.
[Added 9-27-2004 by L.L. No. 2-2004]
In addition, if yards, lawns, and courts are not maintained in a clean,
sanitary, and safe condition and free from infestation, it shall be lawful
for the Village to cause said yard, lawn, and/or court to be made clean, sanitary,
and safe, by removing debris, cutting grass, and taking such other action
as may be determined by the Code Enforcement Officer to be reasonably necessary.
The Village shall charge for such work the greater of $50 or the regular hourly
rate then in effect for such service, which shall be charged to the person
in control and shall also be assessed against the said property and shall
be collected, together with interest and penalties thereon, in the same manner
as any other taxes provided in the Village.
