[HISTORY: Adopted by the Town Board of the Town of Niagara 10-13-2011 by L.L. No
4-2011. Amendments noted where applicable.]
Residential, commercial, storage and industrial buildings and
properties, whether occupied or vacant, and accessory structures shall
be maintained in conformity with the provisions of this chapter so
as to assure the desirable character of the property and its effect
on surrounding areas of the Town of Niagara.
A.
Surface and subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds.
B.
All drainage water from roof surfaces of residential buildings shall
be properly drained into a sewer or other facility or body of water,
or by any alternate method approved by the Building Inspector. No
buildings or structures shall discharge roof drainage on sidewalk,
stairs or neighboring property.
C.
Fences and other minor construction shall be maintained in good repair
and in a safe condition.
D.
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions.
E.
Yards, courts and vacant lots shall be kept clean and free of physical
hazards, rodent harborage and infestation.
F.
Heavy undergrowth and accumulations of plant growth which are noxious
or detrimental to health shall be eliminated.
G.
Residential, commercial, and industrial properties shall not have
open or outdoor storage of inventory, goods, materials, products,
or personal property, whether new or used, or for intended sale, use,
reuse or disposal or any other proposed use.
A.
STRUCTURES
SUBSTANTIAL DETERIORATION
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
Includes accessory structures.
A status of either general dilapidation or specific instances
of disrepair, including but not limited to substantial conditions
of peeling, chipping, cracking, splintering, fraying, warping, crumbling,
rusting, corroding, rotting or perforation.
B.
General maintenance. Exterior and interior surfaces, including but
not limited to foundations, roofs, floors, walls, ceilings, doors,
windows and fixtures of buildings and structures, shall be maintained:
C.
Supplied items. In leased premises where appliances or furnishings are supplied by the lessor, in whole or in part, the provisions of Subsection B above shall apply to such items.
D.
Exterior surfaces.
(1)
Periodic treatment. In addition, exterior surfaces of buildings and
structures that are not inherently resistant to substantial deterioration
shall be periodically treated with a protective coating of paint or
other suitable preservative when necessary.
(2)
Conformity. Materials used for repair of exterior surfaces of buildings
and structures, including, but not limited to, foundations, roofs,
walls, windows, doors, stairs, columns, and chimneys, shall be of
like nature, grade and quality as the existing surface, provided that
in the replacement of an entire exterior surface, materials of a different
nature may be used.
A.
Grounds, buildings and structures shall be maintained free of insects,
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, crawl spaces and cellars used for
ventilation shall be appropriately screened with wire mesh or other
suitable materials.
C.
All exterior openings that are used for ventilation in all occupied
rented dwelling units, up to and including the third story, shall
have installed therein screening of No. 15 mesh or finer from June
1 to October 1 in each year. In any dwelling where mechanical ventilation
is supplied, screens shall only be required in areas using natural
ventilation. No screens shall be required in upper stories of any
dwellings which are free, due to height, of mosquitoes, flies and
other insects. All screens shall be maintained in good condition.
A.
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 the Town Code and also the following:
(1)
In any dwelling containing two or more living units, it shall be
prohibited to store or accumulate garbage or rubbish of any type in
any public hall or stairway.
(2)
Every dwelling shall be provided with adequate covered containers
of nondestructible and noncombustible material, and every occupant
shall dispose of all garbage or rubbish in a clean and sanitary manner.
(3)
Every dwelling shall be provided with adequate garbage disposal facilities
or covered containers of noncombustible and nondestructible material
for garbage.
(4)
No person shall place ashes, garbage, rubbish, filth, urine or fecal
matter in any place in any dwelling other than the place provided
therefor, nor keep any such matter in his/her apartment or upon his/her
premises or in his/her dwelling area such length of time as to create
a nuisance.
B.
It shall be the duty of every owner of all multiple dwellings to
provide proper, suitable and convenient receptacles or containers
as outlined above, and it shall be the duty of all tenants of one-
and two-family dwellings to provide the above-required receptacles
or containers where suitable and proper garbage disposal systems are
not available.
C.
Garbage chutes other than those directly connected to an incinerator
shall be prohibited. All existing garbage chutes that are not directly
connected to incinerators shall either be removed or all openings
to the same permanently sealed.
A.
Buildings and structures shall be maintained in such condition so
that they shall not become an unoccupied hazard as defined in this
chapter.
B.
Any buildings in the condition of an unoccupied hazard, as defined
in this chapter, shall be repaired, improved and maintained so as
to eliminate the conditions creating an unoccupied hazard, as defined
in this chapter, or demolished, and all refuse, rubbish and debris
caused by such demolition shall be removed from the premises except
acceptable fill which may be used in excavations. The area formerly
covered by any building that has been removed or demolished shall
be graded to the level of the lot.
Whenever the Town shall find an unoccupied or partly unoccupied
building which has openings, including but not limited to doors, doorways,
windows and window openings, through which children, trespassers or
other unauthorized persons may make entry to the building, then this
section shall apply.
A.
Notice; sealing requirements.
(1)
Notice. The Town Building Inspector shall serve a notice in writing
upon the owner by regular mail to the last-known address on file with
the Town Assessor directing the owner to complete the work of enclosing
the building as shall be specified in said notice within four days
of service of such notice. Said notice shall also inform the owner
of the date and place of a hearing, at which time the owner or his/her
duly designated representative may present evidence and testimony
on the question of the necessity of the Town causing said premises
to be boarded. Said notice shall further inform the owner that upon
failure by the owner either to complete the enclosing of the building
or to appear at the hearing, the Town of Niagara shall have the right
to enclose the building and that all costs and expenses incurred by
the Town will be recovered by action or by local assessment, or both.
(2)
Permissible materials. Such openings as the Building Inspector shall
specify in said notice for enclosure shall be enclosed with one-half-inch-or-thicker
weatherproof plywood or other weatherproof material which will secure
the building in an equivalent manner. All such plywood or other material
must be painted.
(3)
Screen/storm windows. The owner may, in the alternative, enclose
such openings with screen/storm window combinations, provided that
said storm windows are made with unbreakable glass or plastic.
(4)
Fastening. Such enclosures shall be fastened to the building so as
to secure them from removal by unauthorized persons.
(5)
Appearance. Such enclosures shall be properly fitted and be of such
material and surface that they are neither unsightly, nor will they
materially detract from the general appearance of the building and
neighborhood.
B.
Hearing. If the owner or his/her duly designated representative appears
at the time and place specified in the aforementioned notice to contest
the necessity of the Town causing the subject premises to be boarded,
a hearing on such question shall be held before the Building Inspector.
As a result of such hearing, the original notice directing the enclosing
of the subject premises may be affirmed, modified or vacated, but
if the notice is modified, the time in which to complete enclosure
shall not be extended for more than three days. The owner shall be
informed of the result of the hearing.
C.
Abatement by Town upon owner's failure to comply. If the owner
shall fail to comply with a notice to enclose within the period specified
in such notice or shall fail to comply with such a notice as modified
as a result of a hearing having been had, the Town shall perform or
cause such work to be performed and may recover the expense either
by court action or by local assessment on the premises made, levied
and collected as other local assessments or both. In such event, unless
the Town shall perform such work, the Department shall secure at least
three bids on such work of enclosure; and, whenever the work to be
performed under contract entails an expenditure of more than $20,000,
there shall be formal advertising for bids.
D.
Statement of intention. In no event shall such building or structure remain unoccupied and closed in for a period in excess of two months from the date of the notice specified in Subsection A hereof unless the owner has first filed a statement of intention to either demolish or rehabilitate said building or structure with the Building Inspector and has been granted written approval for an extension of time to rehabilitate or to demolish the building or structure by said Building Inspector. The owner must obtain all required permits within four months from the date of filing a statement of intention as aforementioned. Such statement of intention shall expire and shall be of no further force or effect upon the passing of four months from the date of its filing with the Department. For purposes of this section, determination of the Department, relative to the condition of a building being practicable for rehabilitation, shall be determined on the basis of cost for rehabilitating the building and shall not exceed 50% of the worth of the building exclusive of value of land and foundation.
E.
Alternative measures to remain available. The provisions of this
section shall not be deemed to impair or affect the availability of
any other enforcement measures or remedies afforded by law.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable as follows: By imprisonment
of a term not exceeding 15 days or a fine to not exceed $250 or by
both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
