[HISTORY: Adopted by the Board of Trustees of the Village
of Minoa 2-4-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
This Chapter 116 shall be known as the "General Property Maintenance Law."
A.
It is hereby declared to be the policy of the Village Board of Trustees
to provide for the proper use of land, including as improved, to deter,
prevent and cause the timely removal of unsafe, unhealthy, hazardous
or dangerous conditions arising from a variety of conditions including,
without limitation, the growth and accumulation of brush, grass, rubbish
and weeds, the growth of poisonous shrubs or weeds, the accumulation
of stagnant and standing waters, deteriorated, damaged or poorly maintained
lands and improvements, conditions likely to cause or contribute to
the presence or infestation of insects, vermin, and disease, dangerous
fumes and odors, and other similar conditions, thus also exposing
properties and neighborhoods to the potential for similar deterioration,
illegal occupancies and conduct, and otherwise to address the failure
of general property repair and maintenance, incidences of public nuisance(s)
and protect the public health, safety and general welfare of residents
of this Village.
B.
By this chapter, the Village Board of Trustees seeks to remove such dangers to health, life and property by requiring owners (as such term "owner" is defined herein) of land and of improvements thereon to cut, trim or remove brush, grass, rubbish and weeds and/or to spray with herbicides, cut, trim, remove and destroy poisonous shrubs and/or weeds, to mitigate or remove the accumulation of stagnant and standing waters, and to address such other adverse conditions affecting their real property and improvements as described in § 116-2A hereof, and to generally correct the failure of real property maintenance and repair including both minor and major, and such structural, systemic and adverse aesthetic/cosmetic conditions and concerns, and, upon their failure, refusal or inability to do so, to cause the same to be done and to assess the costs upon the real property on which such conditions are found. Where such conditions present an emergency or similar circumstance, posing an imminent threat or danger to persons or property due to the increased risk to bodily injury, or significant property damage, or where same results from recurring violations or a repeat violative owner, this chapter also provides a means of timely and effectively addressing such circumstance.
As used in this chapter, the following terms shall have the
meanings indicated:
Means and includes the following:
The owner of the real property upon or within which any conditions
required to be addressed pursuant to this chapter is located.
The owner of real property immediately fronting on a portion
of any highway, street or road of the Village of Minoa, upon which
portion any rubbish ordered removed pursuant to this chapter is located.
Any other person or entity who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without accompanying actual possession thereof, or shall have
possession, charge, care or control of any dwelling unit as owner
or as executor, executrix, administrator, administratrix, trustee,
receiver or guardian of the estate or as a mortgagee or lienor in
possession, regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit shall be deemed to be a co-owner with the lessor
and shall have joint responsibility over the portion of the premises
sublet or assigned by said lessee.
The respective obligations and responsibilities of the owner
on one hand and any occupant, possessor or tenant on the other shall
not be altered or affected by any agreement or contract by and between
any of the aforesaid or between them and other parties. As between
a holder of legal title, persons in possession, lessee or sublessee,
or mortgagee of a property abandoned or known to be in foreclosure,
or otherwise a mortgagee in possession, each such party shall be presumed
as responsible for any conditions or violations cited hereunder and
as a party upon whom notice shall be deemed good and sufficient as
against all such responsible parties, subject to the right of such
party to rebut the same pursuant to the hearing provisions hereunder.
The foregoing persons are intended to describe and define all
such persons responsible or potentially responsible for a violation
of the property maintenance requirements herein, including those who
commit or allow the commission of same by their respective acts or
omissions, as well as those who by applicable law or contract are
charged with or have assumed such responsibility or liability. The
failure of a person duly noticed hereunder to object to the determination
of the Village that they are a person legally responsible for the
real property and/or potentially liable for a violation under this
chapter shall be presumptive on the issue of responsibility and liability
for any such violation determined to exist. Such objection may be
introduced by such person or other credible witness having personal
knowledge at the hearing provided for hereunder, or by submission
of an affidavit and other documentary evidence to and received by
the Village not less than two days prior to the date of a hearing
that is not based upon an emergency providing for less such notice.
The Village Board shall consider all such evidence in making any determination
that a person duly noticed is a responsible and liable person hereunder.
The Village Board may consider, where more than one responsible and
liable person exists, and for good cause, whether or not to proceed
or not proceed against such person or persons.
Includes any individual, society, club, firm, partnership,
corporation, trust or other entity or association of persons, including
parents, subsidiaries and affiliates where appropriate. Reference
herein to the singular shall mean, where appropriate, the plural.
The real property, as improved, including any surface or
subsurface conditions, items or substances, personalty or fixtures
situate thereon, dwellings, buildings or other structures and improvements
upon or within which any conditions required to be addressed pursuant
to this chapter are located. The real property is also sometimes hereafter
referred to as "property" or "premises."
Includes the following:
Lumber, junk, trash, debris, building materials, mounds or dirt
or any other deleterious materials.
Any abandoned, discarded or unused objects or equipment, such
as automobile parts, furniture, stoves, refrigerators, freezers, cans,
containers or vehicle tires.
Any compost pile which is of such a nature as to spread or harbor
disease, emit unpleasant odors or gas or attract rodents, vermin or
other disease-carrying pests, animals or insects.
Any unsanitary matter or materials.
Refuse, rubbish and garbage, as said terms are defined in any
solid waste provision of this code.
Tree or grass trimmings, brush or shrubbery trimmings, trees,
brush or shrubbery or portions thereof severed from their roots or
uprooted trees, brush or shrubbery.
Any other substances whether liquid, solid, organic, inorganic,
and regardless of how or whether packaged, bottled or stored, and
commonly considered as waste product, hazardous or expired and past
its useful life, or ineffective for such, or any other reasonable
and commonplace use as a result of its condition.
However, for purposes of this chapter, the term "rubbish" shall
not include any of the foregoing if stored in containers or plastic
container bags, or, as applicable, tied in bundles, conforming to
the packaging/storage, disposal and related requirements of any solid
waste regulations of the Village or (if none, or not applicable) any
other governmental authority having jurisdiction over the Village.
An assembly of materials forming a construction framed of
component structural parts, which exists for any occupancy or use.
A.
The owner of real property in the Village shall be required to cut,
trim and remove brush, grass, rubbish or weeds or to spray with herbicides,
cut, trim, remove or destroy poisonous shrubs or weeds upon the premises
and to mitigate or remove any accumulation of standing waters and
correct all failures of general property maintenance including when
directed to such a condition or ordered to do so by a Village officer
or authorized agent.
B.
An owner of real property in the Village shall not permit or maintain
any growth of grass or weeds or other noxious or objectionable growth
to a height more than six inches on any part of the real property,
whether occupied or unoccupied or on the area between the property
line of an adjacent public street or sidewalk and the pavement edge
of the road. Excepted from this requirement shall be such landscape
improvements consisting of flowers, shrubs and the like and which
to a reasonable person would be considered a landscape improvement
and not, by way of example, an overgrowth of wildflowers, plants or
shrubs.
[Amended 12-19-2016 by L.L. No. 8-2016]
C.
The owner of real property in the Village shall not permit, maintain,
deposit or scatter over the real property or other private property
any rubbish.
D.
The owner of real property in the Village shall maintain the exterior
of every structure or accessory structure including fences, in good
repair, and all surfaces thereof shall be kept painted and finished
where necessary for purposes of preservation and appearance. The same
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling of paint, graffiti or other conditions
reflecting weathering or deterioration or inadequate maintenance.
The standard to which same shall be maintained is that it shall reflect
a reasonable level of maintenance in keeping with the standards of
those adequately maintained properties typical of, and within, the
local community and shall not constitute a blighting factor for adjoining
or nearby property owners, or a contributory element leading to the
progressive deterioration of the neighborhood or local community.
E.
The owner of real property in the Village shall ensure that all ground
surface hazards and unsanitary conditions, holes, excavations, breaks,
projections, objections and excretion of pets and other animals on
paths, walks, steps, driveways, parking lots and parking areas and
other parts of the real property normally accessible to and used by
persons shall be filled and repaired, or where reasonably necessary
replaced and other such conditions removed as necessary to eliminate
hazards or unsanitary conditions.
F.
The owner of real property in the Village shall ensure that surface and subsurface waters of every kind, type and size (including, but not limited to, swimming pools, sump pump drains, or drainage and detention basins and ponds, man-made or otherwise) shall be maintained and controlled, and when drained, shall be drained in such a manner as to prevent damage to on-site and adjacent buildings and structures and to prevent the occurrence or continuance of stagnant waters causing offensive odors, growths, and/or appearances. Gutters, culverts, catch basins, drain inlets, stormwater and sanitary sewers or other satisfactory drainage systems shall be provided and utilized where necessary and appropriate. In no case except where consistent with a previously established and unaltered natural drainagecourse, shall waters from any rain, storm or surface water drainage systems, or as a result of grading activities, be allowed to pool or settle on or flow over adjoining properties. In no case, except where expressly permitted by the Village or as part of an established natural drainage flow, shall waters from any rain, storm or surface water drainage systems, or as a result of grading activities, be allowed to pool or settle on or flow over adjoining properties including any public sidewalks, streets, rights-of-way or other public property. The foregoing shall be in addition to and separate from any requirements under Chapter 135 of the Village Code relating to stormwater management and erosion and sediment control.
G.
The owner of real property in the Village shall ensure that all structures
and premises subject hereby shall be kept free of the following conditions:
dead and dying trees, limbs or other natural growths which, by reason
of rotting or deteriorating conditions or storm damage and weathering,
constitute a hazard to persons on the real property or in the vicinity
thereof, including adjacent and nearby properties; trees shall be
kept pruned and trimmed to prevent such conditions; loose and overhanging
objects and accumulations of ice and snow which, by reasons of location
above ground level, constitute a danger of falling on persons in the
vicinity thereof.
H.
The owner of real property in the Village shall ensure that such
real property shall not violate any other provision of Village Code,
New York State or federal statutes or regulations promulgated thereunder
and which include requirements or standards relative to the maintenance,
repair, use, condition or related circumstance of real property, and
including specifically, but without limitation, the New York Property
Maintenance Code and other NYS Uniform Code provisions referenced/incorporated
therein.
I.
The owner of real property in the Village shall ensure that no smells,
odors, fumes, smoke or the like and which are or may be dangerous
to the health of nearby persons, or are generally objectionable to
a reasonable person on or within nearby premises, shall result from
their occupation or use of the real property.
J.
The owner of real property in the Village shall ensure that in addition
to the foregoing specific standards, no other condition shall exist
on such property which constitutes or is defined as a nuisance under
any other provisions of the Village Code, including without limitations
such other provisions of the Village Code which may authorize the
removal of a specifically described item, object or conditions on
or affecting real property or the owners and occupants of adjacent
or nearby real property, such as, but without limitation, abandoned
vehicles, abnormal or objectionable conduct and the like. The term
"nuisance" shall also be held to embrace public nuisance, as known
at common law or in equity jurisprudence; i.e., condition(s) dangerous
to human life or detrimental to health. Accordingly, and by way of
example and not limitation, any building or erection, or part or cellar
thereof, if overcrowded with occupants, or not provided with adequate
ingress and egress to and from the same or the apartments thereof,
or if not sufficiently supported, ventilated, sewered, drained, cleaned
or lighted in reference to its intended or actual use; and/or if rendering
the air or human food or drink thereon or on adjacent or nearby premises
unsafe or unwholesome due to such condition(s).
K.
No owner or occupant of any real property in the Village of Minoa
shall permit or allow to be permitted the accumulation of ice and
snow on the sidewalks in front of his or her respective property during
the wintertime. All such persons shall remove all such snow and/or
ice from the sidewalks in front of his or her respective property
during the wintertime and, when ice cannot be removed, to cover the
same with salt, sand or similar material in such a manner as to enable
one to walk thereon with safety.
L.
All owners and occupants of real property in the Village of Minoa shall ensure that no motor vehicle or trailer shall be stopped, parked or standing in a fire lane established pursuant to § 68-3 of the Village Code, and that no motor vehicle or trailer, owned, possessed by or registered to him or her, which is operable, unregistered or uninspected, or the registration or inspection of which has expired, or which is without valid and current license plates affixed to it, shall be parked or placed on the premises or the public sidewalks, streets or ways contiguous to or fronting such real property, or otherwise (except as permitted by the Zoning Code of the Village of Minoa[1] or as an established nonconforming use as determined by
the Zoning Board of Appeals) be parked or placed in a front, rear
or side yard of such real property, as such terms are defined in the
Village of Minoa Zoning Code.
A.
In any case where a provision of this chapter is found to be in conflict
with a provision of any applicable zoning, building, fire, safety
or health ordinance or code, that provision which establishes the
higher standard for the promotion and protection of the health and
safety of the people shall prevail.
B.
Nothing in this chapter shall be deemed to abolish, restrict or impair
any other existing rights and remedies of the Village, its officers
or agencies or of other governmental authorities or private persons
relating to the subject matter hereof.
C.
No license, permit, certificate of occupancy, registration, inspection
or compliance or similar issuance shall constitute a conclusive defense
against a violation hereunder, or of any other local ordinance applicable
to the real property, any structure or premises or use of such structure
or premises, nor shall any provision herein relieve any owner from
complying with any such or other provision, nor shall same preclude
its enforcement by any official of the Village of Minoa.
A.
Service of notice.
(1)
Whenever the Village Clerk upon proper request of an authorized employee or officer of the Village serves or causes the service of notice in the manner required hereinafter, citing a violation under this chapter and requiring an owner(s) address of any condition specified in § 116-4 in the manner required hereunder, such notice shall specify the place, manner and time (not less than 10 days from the giving of said notice) within which the Village Board shall conduct a hearing to review the same and to issue findings relative to this chapter and mandating, where so authorized, that such person or persons are responsible or liable, that such condition is or was in violation, the violation otherwise is or was legitimate, that the work shall or was to be completed within the time allotted in such previously issued notice or findings, and such other consideration, review and findings as provided for at § 116-4 hereof. Such notice shall be initiated only upon the sworn to or affirmed statement of such authorized employee or officer, or other person observing the same, and in the case of an alleged violation the subject matter of which is properly and exclusively within the jurisdiction of the Codes Enforcement Officer, such notice shall be initiated only by him/her.
(2)
The Village shall have two options with respect to such notice and commencement of a proceeding hereunder. Where it has determined that a clear violation exists, notice may be given under the general authority established under this Chapter 116. Notice in this manner shall set forth the required date of completion of the remedy, and a date thereafter for a hearing. Such procedure potentially reduces the time within which a clearly evident violation may be addressed by commencing the time within which it must be addressed by the owner from the date of service notice. However any action taken upon such notice by Village prior to the time when the owner has been afforded a hearing shall be at Village's expense should it later be determined the owner is not the responsible or liable party, the condition addressed was not at such hearing in violation and/or the like. Otherwise such notice shall set forth the alleged violation, the responsible/liable owner and the date for a hearing at which time same shall be established, and if established an appropriate period within which the owner shall remedy the violation, and failing or refusing which the Village may proceed.
(3)
Notice shall be served upon such owner or owners by registered or certified mail, addressed to his or their last known address, and/or posting of said notice on the premises and mailing a copy of said notice to the owner at the address or addresses as on file in the Village offices, on the same date as posted. In the event any other credible information of potential addresses may be known, or if the owner has a legal representative known to the Village, a copy of such notice shall also be mailed via regular or certified mail to such addresses or persons. The Village Board expressly finds that in many instances those responsible for abandoned and neglected properties intentionally avert service of legal process, therefore notice on a respective owner shall be deemed sufficient where no proof of actual delivery or receipt exists and/or where no other evidence of a reasonable likelihood of receipt by the owner exists, provided the Village has documented reasonable good faith efforts to ascertain the actual residence or business address, or other official or legal address of the owner or representative, and such evidence has been made part of the record of proceedings. The failure to, where required, register a rental property or timely obtain any inspections or certificates pertaining to the real property, including those for tenant assistance, and which would or might otherwise disclose contact information for the owner may also be taken into account by the Village in determining the sufficiency of notice. In the event an owner duly noticed has failed to remedy the violation and appear for the hearing scheduled, a copy of the Village Board's findings following the hearing shall be served upon the owner in the same manner as required in this § 116-5A.
B.
Emergency situations. Where violations existing on the real property
are of such a nature as to constitute an imminent or immediate and
serious threat to human health, or safety or of significant property
damage, unless abated immediately or on shorter notice than otherwise
permitted herein, the Village may either summarily and immediately
cause the violation to be abated and/or order the owner to immediately
correct the violation and, upon failure to do so within any time frame
established, in the Village Board's own discretion, the condition
may be abated otherwise pursuant and subject to the provisions of
this chapter. In such case notice shall be attempted diligently and
on good faith, and including by telephone, facsimile, email or attempts
at personal delivery.
C.
Repeat violations. Where the real property has been subject to a previous proceeding under § 116-5A involving one or more of the same owners and relative to the same or similar, related or resultant type(s) of violation(s) or condition(s), within one year prior to the occurrence or recurrence of the violation subject of the instant proceeding, the Village may cause the violation to be immediately and summarily abated, or may order the owner to correct the violation or condition within such period of time of less duration than provided hereunder, however not less than 24 hours, and upon the failure to do so, the condition may then be addressed pursuant to § 116-6A, subject to previous or then given Village Board authorization, and as if such notice and failure or refusal has already occurred, then such work may be immediately commenced.
D.
Special notice provisions. In the event of contemplated action under § 116-5B or C, the requirement of notice pursuant to § 116-5A and of hearing, review and findings pursuant to § 116-7A are modified to require only such notice as is reasonable given the Village's knowledge of the actual location of the owner and exigency of circumstances (if under § 116-5B). In the case of repeat violations under § 116-5C, such notice shall describe in brief the violative condition and nature of the intended Village action, the specific chapter and section of the Village Code under which the Village proceeds (Chapter 116, repeat violation, § 116-5C) and such notice shall be prominently posted at any main, front, or driveway side entrance of the real property as soon as reasonably possible following authorization and not less than 24 hours prior to commencement of the Village work.
A.
Whenever such notice(s) referred to in § 116-5 hereof has or have been served in the manner required under § 116-5, requiring an owner to address the violation as required under this Chapter 116, and if such owner shall neglect or fail to timely comply with the requirements of such notice or notices within the time provided therein, the Village, following Village Board authorization, previously or then given, may authorize the work to be done and/or perform same with its own or outside forces.
B.
In addition to the foregoing, and the provisions of § 116-7 hereof, a first violation of § 116-4 of this chapter shall be deemed an offense and, upon such conviction, such offender may be punished by a fine not to exceed $250 or imprisonment of not more than 15 days, or both. For a repeat offender as defined under § 116-5C, the maximum penalty shall be two times that set forth in this section. In either case, each day that such violation shall continue shall constitute a separate violation.
A.
Special consideration. Special consideration may be given to individuals
that are elderly or disabled. If it is determined that an individual
cannot maintain a reasonable level of upkeep of the owner-occupied
residence because the individual is elderly or disabled, may not have
adequate financial resources and/or no capable person resides in the
residence, enforcement may be suspended to give the person adequate
time to correct the problem. Where the individual is a low-income
individual and owns and occupies a residence, special consideration
may be given to the person by providing adequate time to correct any
significant and costly (to cure) violation. However, in the case of
a low-income owner, if any of the violations relate to keeping grounds
free from overgrowths of grass, bushes weeds, trees branches and the
like, or from rubbish and debris, additional time to correct the problem
shall not be provided.
B.
Relief from enforcement. In addition to the foregoing special consideration, the Village Board of Trustees may also, for good cause shown, adopt a resolution dispensing with or relaxing enforcement of the foregoing provisions of this section and/or the assessment or collection of costs and penalties due to such enforcement. For purposes hereby "good cause" may include, without limitation, the lack of actual notice to an owner, consideration of inadequate or defective service of notice, existence of landlord/tenant or similar relationship, or other circumstances where arguably the criteria set forth under § 116-4 may not have been clearly violated or perceived as violated, but shall in any event consist only of grounds or circumstances under which the Village Board of Trustees has determined that enforcement may not be fair or equitable.
A.
Upon the review by and findings of the Village Board of Trustees that the provisions of this Chapter 116, including in particular §§ 116-5 and 116-6, have been complied with or satisfied, and in the case of § 116-5B and C that, respectively, bona-fide exigent or repeat violations, conditions existed, the Village Board of Trustees may, in addition to authorizing the work, adopt a resolution authorizing that the costs incurred by the Village in performance of the work, including any quantifiable internal administrative costs, be paid for out of the general Village funds appropriated by the Village Board of Trustees for such purpose. The Village shall be reimbursed for the cost of the work performed or services rendered by direction of the Village Board of Trustees, as herein provided and for any penalties assessed under § 116-6B hereof by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expenses 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 Village charges.
B.
Appointment of ex-officio receiver of income. The Village Clerk may,
with the approval of the Village Board of Trustees of the Village
of Minoa certified to by resolution, bring an action to be appointed
receiver ex-officio of the rents and income of such property for the
purpose of collecting the rents and income from such property and
expending the same for the purpose of abating the conditions against
which this chapter is directed. The procedure and other legal steps
shall be governed by the provisions of applicable state statutes.
A.
Whenever the Village has ordered the reimbursement for the costs of the work performed or services rendered as hereinabove provided in § 116-7 by assessment and levy upon the lot or parcels of lands whereon such work was performed or such services rendered, the Village Clerk shall cause a notice of intent to levy such costs and expenses against said lots or parcels of land in a form approved by resolution of the Village Board of Trustees from time to time hereinafter, to be recorded in the records of the County Clerk's office in order that such notice shall be indexed against the said premises or parcels of land as notice to subsequent transferees or other acquiring any interest in said lots or parcels of land of the intention by the Village to assess and levy the amount of such expenses upon said lots or parcels of land. Any recorded fees of the County Clerk shall be included in the costs and expenses assessed and levied upon such lots or parcels.
B.
The failure of the Village Clerk to record such notice of intent
to levy shall not, however, affect or impair the validity of any lien
or assessment of such costs and expenses against such lots or parcels
of land, the owner(s) thereof or any subsequent transferees or others
acquiring any interest in such lots or parcels of land.
