[HISTORY:[1] Adopted by the Town Board of the Town of Jerusalem 12-15-2021 by L.L. No.
4-2021. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 118, Property Maintenance, adopted 2-11-1985 by L.L. No.
1-1985, was repealed 10-18-2006 by L.L. No. 7-2006.
This chapter shall be known as the "Property Maintenance Law
of the Town of Jerusalem."
The purpose of this chapter is to promote the general health,
safety and welfare of the residents of the Town of Jerusalem and to
protect the value of real property in the Town of Jerusalem and to
promote and perpetuate the attractive appearance of the community
by requiring proper maintenance of real property within the Town.
The Town Board of the Town of Jerusalem enacts this chapter
under the authority granted by:
A.Â
Article IX of the New York State Constitution, § 2(c)(6)
and (10).
B.Â
New York State Municipal Home Rule Law § 10, Subdivision
1(i) and (ii) and Subdivision 1(a)(6), (11), (12), and (14).
C.Â
New York State Town Law § 64, Subdivision 5-a, Removal
of fire and health hazards and weeds.
D.Â
New York State Town Law § 130, Subdivision 15, Promotion
of public welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle defined as an "abandoned vehicle" pursuant
to § 1224 of the Vehicle and Traffic Law of the State of
New York, as amended, and/or an unregistered, uninspected or inoperable
automobile, boat, snowmobile, lawn mower, go-cart, motorcycle or other
motor vehicle which is openly stored or situated on property within
the Town of Jerusalem.
Any automobile, boat, snowmobile, lawn mower, go-cart, motorcycle
or other motor vehicle, including component parts thereof, which is
stored in open, outdoor storage and which, for any reason, is incapable
of moving by its own power in the manner in which it was designed
to move, and which is not intended for or in condition for safe and
legal use on public highways.
Include, but shall not be limited to, abandoned motor vehicles
or junk vehicles or any part thereof, unless such party has a license
to store the same, any waste metal or materials, garbage, refuse,
rubbish, old refrigerators, stoves or like products, used bottles
or cans, glass, wood, lumber or vegetable matter of any kind or any
other matter which is flammable or capable of fermentation, evaporation
or decay, abandoned building or construction materials or supplies,
discarded paper or material of junk substance, tree stumps or matter
attractive to vermin or likely to breed disease, cause fire or be
a health hazard.
A.Â
No person, business or other entity shall place, deposit, store or
allow to remain upon any property within the Town of Jerusalem two
or more abandoned motor vehicles or two or more junk vehicles for
a period of more than four weeks, except in a garage or other similar
enclosure.
B.Â
The provisions of Subsection A of this section shall not apply to new or used car sales dealers at their place of business or to motor vehicle repair garages.
C.Â
No person, business or other entity shall abandon, leave, dump, store
or keep any nuisance, hazard or litter upon any public street, public
place or privately owned property within the Town of Jerusalem, and
all properties within the Town of Jerusalem shall be kept free and
clear of nuisances, hazards and litter.
A.Â
The owner of every improved lot within the Town of Jerusalem, and
the owner of every vacant lot that is within a subdivision approved
by the Town of Jerusalem Planning Board, shall maintain such lot by
cutting or mowing such property at least twice a year, but as frequently
as is necessary to ensure that no growth of weeds or grass shall exceed
10 inches in length or height and shall ensure that there is no accumulation
of dead weeds, grass or brush.
B.Â
The owner of every lot or parcel of land in the Town of Jerusalem
shall maintain hedges, shrubs and trees so as to keep the same from
encroaching onto public sidewalks and into lines of sight of public
roadways.
C.Â
The owner, tenant or occupant of property located in the Town of
Jerusalem is hereby required to remove all nuisances, hazards and
litter or matter attractive to vermin, as hereinabove defined, when
ordered to do so by the Town of Jerusalem Code Enforcement Officer
within five days of written notice therefor.
A.Â
Upon receiving a complaint or upon any inspection of a property,
the Code Enforcement Officer shall determine whether or not there
appears to be a violation of this chapter. Upon determining that this
chapter has been violated, the Code Enforcement Officer shall give
the owner of the real property or other person charged with the maintenance
of the property, if known, written notice setting forth the nature
and existence of the violation, and the provisions of this chapter
violated, and directing that the violation be terminated or corrected
within 10 days of the date of such notice. Such notice shall be given
personally to the owner, lessee, occupant or other person, or by posting
a copy of the notice in a conspicuous place on the real property,
or by mailing the same to the address of the real property or that
listed by the owner for the receipt of tax bills. If the owner of
said property is a nonresident of the Town of Jerusalem or if the
Code Enforcement Officer was unable to personally serve the owner,
a notice to cure the violation shall also be mailed to such owner
by registered mail addressed to his or her last known address that
is on file with the Town Assessor.
B.Â
The notice shall contain the following:
(1)Â
A description of the condition of the property needing remediation
with citations to the section(s) of this chapter.
(2)Â
An order outlining the manner in which the property is to be made
compliant with this chapter within 10 days of the notice date.
(3)Â
A statement that in the event of neglect or refusal to comply with
the order within the time set forth therein, the Town of Jerusalem
is authorized to cause compliance as required in the order, and the
total expense of remediation, plus a service charge of 20% thereof
to cover the cost of supervision and administration, shall be certified
by the Town of Jerusalem Code Enforcement Officer to the Town Supervisor,
and such certified amount shall thereupon be charged and assessed
against the owner, tenant or occupant of the property that was the
subject of the violation. The expense, so assessed, shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Town taxes and charges.
A.Â
If the person upon whom a notice to cut and/or remove grass, weeds
and/or other vegetation is served fails, neglects or refuses to cure
the violation within the time frame specified in the notice, the Town
of Jerusalem Code Enforcement Officer shall cause such weeds, grass
and other vegetation on such lot or land to be cut and removed, and
the actual cost of such cutting and removal plus a service charge
of 20% thereof to cover the cost of supervision and administration
shall be certified by the Town of Jerusalem Code Enforcement Officer
to the Town Supervisor, and such certified amount shall thereupon
be charged and assessed against the owner, tenant or occupant of the
property that was the subject of the violation. The expense, so assessed,
shall constitute a lien and charge on the real property on which it
is levied until paid or otherwise satisfied or discharged and shall
be collected in the same manner and at the same time as other Town
taxes and charges.
B.Â
The owner of any lot, land or property found in violation of Subsections A, B or C of § 118-6 of this chapter shall be notified, in writing, only once in any given year for a particular violation. Subsequent violations of a similar nature at the same location during the same season shall be corrected by the Town or its agent without notice to the owner of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season. The costs incurred by the Town in curing any subsequent violations shall be collected in the same manner as set forth in Subsection A of this section.
C.Â
The Town Board of the Town of Jerusalem, by resolution, may cause
any nuisance, hazard or litter to be removed from any property within
the Town of Jerusalem upon the failure of such owner, tenant or occupant
to comply with the written notice aforementioned within the time limit
specified on the notice. Said removal may be performed by the Town
itself or the Town may contract with a private entity or contractor.
The Town Board shall ascertain the cost of such removal, and such
cost plus a service charge of 20% thereof to cover the cost of supervision
and administration shall be charged and assessed against the owner
of the property. The expense so assessed shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Town charges.
D.Â
The removal of any nuisance, hazard or litter by the Town of Jerusalem
or its designee or agent shall not operate to excuse such owner from
properly maintaining his or her property as required by this chapter,
and such owner, tenant or occupant shall, notwithstanding, be subject
to the penalties set forth in this chapter.
Any person who violates this chapter shall be guilty of a violation
and, upon conviction thereof, shall be subject to a fine of not less
than $100, and not more than $250, or imprisonment for a term not
to exceed 15 days, or both. Each week's continued violation shall
constitute a separate, additional violation.
The provisions of this chapter shall be subject to and subordinate
to the provisions of the New York State Agriculture and Markets Law.
The Town of Jerusalem Code Enforcement Officer is hereby charged
with the responsibility and duty to administer and enforce this chapter.
