[HISTORY: Adopted by the Town Board of the Town of Saugerties 11-17-2021 by L.L. No.
6-2021. Amendments noted where applicable.]
A.
The Town Board of the Town of Saugerties hereby declares that it
is necessary for the health, safety, appearance and general welfare
of the public, the residents of the Town of Saugerties, and the owners
of real property located in the Town of Saugerties to provide a method
whereby properties, including roads and rights-of-way, within the
Town are properly maintained, properly repaired, kept clean and kept
free from vermin, nuisances, hazards, debris and litter.
B.
Properties which are not properly maintained and repaired may serve
as an attractive nuisance, may result in injuries therein, may be
a point of congregation by vagrants and transients, may attract rodents
or insects and may also attract illegal drug activity.
C.
Properties which are not adequately maintained and repaired tend
to diminish or lessen the appearance thereof or detract from the appearance
of adjoining properties, which may lead to the progressive deterioration
of a neighborhood and blight thereon.
D.
It is further found and declared that if the same are not curtailed
and removed, the aforesaid conditions will grow and spread and will
necessitate in time the expenditures of large amounts of public funds
to correct and eliminate the same, and that by reason of timely regulations
and restrictions as herein contained, the growth or blight may be
prevented, the desirability and amenities of neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
New York State Building Code, New York State Residential Code,
New York State Fire Code, New York State Gas Code, and New York State
Property Maintenance Code.
As used in this chapter, the following terms shall have the
meanings indicated:
To withdraw or give up by leaving the premises or ceasing
to operate or inhabit the premises; to relinquish or renunciate an
interest, claim, privilege, possession or right in a real property
or an improvement on real property, especially with the intent of
never again resuming or reasserting it; more than a seasonal absence
from the premises.
Secured in a manner that provides positive connection.
Acceptable to the building official.
The governmental unit or agency responsible for administration
and enforcement of this chapter.
The officer who is charged with the administration and enforcement
of this chapter, or any duly authorized representative.
A property consisting of a tract of land and any tents, vehicles,
buildings or other structures that may be pertinent to its use, any
part of which may be occupied by persons under 18 years of age under
general supervision for the purpose of outdoor or indoor organized
activities and on which provisions are made for overnight occupancy
of children. However, the term "children's overnight camp" shall
not include any place or facility which has been excepted from the
State Sanitary Code by the Commissioner of the New York State Department
of Health pursuant to § 1392, Subdivision 1, of the Public
Health Law.
The program under which an authority having jurisdication
administers and enforces this chapter, as such program is currently
in effect and as such program may hereafter be amended from time to
time.
To adjudge unfit for occupancy.
The costs shall include the actual costs of the demolition
or repair of the structure less revenues obtained if salvage was conducted
prior to demolition or repair. Costs shall include, but not be limited
to, expenses incurred or necessitated related to demolition or emergency
repairs, such as asbestos survey and abatement if necessary; costs
of inspectors, testing agencies or experts retained relative to the
demolition or emergency repairs; costs of testing; surveys for other
materials that are controlled or regulated from being dumped in a
landfill; title searches; mailing(s); postings; recordings; and attorney
fees expended for recovering of the cost of emergency repairs or to
obtain or enforce an order of demolition made by a building official,
the governing body or Board of Appeals.
When a structural element is physically disconnected from
another and that connection is necessary to provide a positive connection.
To weaken, disintegrate, corrode, rust or decay and lose
effectiveness.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
Those structural members or assemblies of members or manufactured
elements, including braces, frames, lugs, snuggers, hangers or saddles,
that transmit gravity load, lateral load and operating load between
the equipment and the structure.
A building or structure that is legally occupied and/or for
which a certificate of occupancy authorizing its use(s) has been issued,
without regard to the date on which such legal occupancy began or
the date on which such certificate of occupancy was issued.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Anything or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service or preventing,
suppressing or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
Any building or structure that is one or more of the following:
Listed or certified as eligible for listing, by the State Historic
Preservation Officer or the Keeper of the National Register of Historic
Places, in the National Register of Historic Places.
Designated as historic under an applicable state or local law.
Certified as a contributing resource within a national register
or state or locally designated historic district.
A condition that could cause serious or life-threatening
injury or death at any time.
The presence, within or contiguous to, a structure or premises
of insects, rodents, vermin or other pests.
A vehicle that cannot be driven upon the public streets for
reason, including but not limited to being unlicensed, wrecked, abandoned,
in a state of disrepair, or incapable of being moved under its own
power.
Equipment, materials or products to which have been affixed
a label, seal, symbol or other identifying mark of a nationally recognized
testing laboratory, approved agency or other organization concerned
with product evaluation that maintains periodic inspection of the
production of the above-labeled items and whose labeling indicates
either that the equipment, material or product meets identified standards
or has been tested and found suitable for a specified purpose.
The lack of proper maintenance for a building or structure.
Any public or private nuisance known at common law or in equity
jurisprudence, or as provided by the statutes of the State of New
York, or the laws, codes or regulations of the Town of Saugerties.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot, including, but not limited to,
abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the condition
exists.
Unsanitary conditions or anything offensive to the senses or
dangerous to the health, in violation of this chapter.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building, or having
possession of a space within a building.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises that is let or offered for occupancy.
Any person, agent, operator, firm or corporation having legal
or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food or water; by other
approved pest elimination methods.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any street, alley or other parcel of land that is open to
the outside air; leads to a street; has been deeded, dedicated or
otherwise permanently appropriated to the public for public use; and
has a clear width and height of not less than 10 feet (3,048 millimeters).
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
An offense in which the prosecution in a legal proceeding
is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant either did an act which was
prohibited, or failed to do an act which the defendant was legally
required to do.
That which is built or constructed.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
The deformation at which failure occurs and that shall be
deemed to occur if the sustainable load reduces to 80% or less of
the maximum strength.
The New York State Uniform Fire Prevention and Building Code,
adopted pursuant to Article 18 of the New York State Executive Law,
as currently in effect and as hereafter amended from time to time.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
Uncultivated vegetation such as grasses, brush, briars, and
annual plants, excluding trees and cultivated vegetation, such as
shrubs, flowers, gardens, and vegetation used for agricultural purposes.
An open space on the same lot with a structure.
A.
This chapter shall apply to the following properties with any structures
on it, vacant land if harm could occur or unsafe/unsanitary conditions,
lots, plots or parcels of land on which residential, nonresidential
and mixed-use buildings are located:
(1)
Principal and accessory buildings and structures used for or intended
to be used for residential, nonresidential and mixed uses or occupancies.
B.
Every building, structure or use, and the premises on which it is
situated, which is used or intended to be used for residential or
nonresidential or mixed-use occupancy shall comply with the provisions
of this chapter, whether or not such building, structure or use shall
have been established, constructed, altered or repaired before or
after the enactment of this chapter, and irrespective of any permits
or licenses which shall have been issued for the use or occupancy
of the buildings, structures or premises for the use, occupancy, construction
or repair of the building or structure, or for the installation or
repair of equipment or facilities, or for the installation or repair
of accessory structures and improvements prior to the effective date
of this code. This chapter establishes minimum standards otherwise
established for the construction, repair, alteration or use of the
buildings, structures, equipment or facilities contained therein.
C.
The provisions of this chapter shall supplement the local laws, codes
and regulations of the Town of Saugerties. When a provision of this
chapter is found to be inconsistent with any provision of any other
local law, code or regulation of the Town, the provision or requirement
which is the more restrictive or which establishes the higher standard
shall prevail. A greater penalty shall not be considered as more restrictive
or a higher standard.
D.
After the date of enactment hereof, all licenses, permits and approvals
of any agency or board of the Town shall be issued conditionally upon
compliance with this chapter, as well as compliance with the local
law, code or regulation under which such license, permit or approval
is granted.
E.
No license, permit, approval or other certification of compliance
with this chapter shall constitute a defense against any violation
of any other local law, code or regulation of the Town of Saugerties
applicable to any structure or premises, nor shall any provision herein
relieve any owner or operator from complying with any such other provision
or with the order of any official of the Town.
The owner, tenant or occupant or person in control of a premises
or property shall not abandon, leave, dump, store or keep any nuisance,
hazardous material, debris and litter, or any matter, including matter
attractive to vermin, upon any private or public premises, public
highway, road, street, alley or thoroughfare, including any portion
of the right-of-way thereof or any other public lands or upon any
privately owned property within the Town of Saugerties.
The owner or occupant or tenant or operator, or person in control,
as the case may be, of any building within the Town of Saugerties
shall comply with the following:
A.
The premises shall be properly maintained. Lawns or other ground
cover shall be kept trimmed to a height of no more than 10 inches.
All hedges, bushes and shrubs shall be reasonably maintained so that
overgrowth is not more than 10 inches where exposed to public view
or depreciate the value of adjoining and nearby property, or which
may impair the appearance of the neighborhood.
B.
The premises shall be free of nuisance, hazardous items, debris,
litter rubbish and unsanitary conditions.
C.
Dead, damaged or diseased trees or shrubs, or any portion thereof
that may present any imminent hazard to life and property of adjoining
properties shall be removed.
D.
Properties shall be maintained so as to prevent soil erosion and
sedimentation.
E.
The storage of two or more unregistered, old or secondhand motor
vehicles no longer intended for use on public highways is prohibited
in accordance with § 136 of the General Municipal Law.
F.
The storage of two or more unregistered, old or secondhand boats
or watercraft no longer in condition or repair to be operated on the
water is prohibited.
G.
Disposal of garbage and refuse shall be into refuse containers in
a clean and sanitary manner. Dumpsters are to be enclosed in a fenced
area as per New York State law. Refuse containers should be removed
from the curbside within 24 hours. Refuse containers shall not be
placed in a manner which blocks a sidewalk.
H.
This section shall not prevent nor prohibit the maintenance of a
compost site/area in an approved and properly functioning manner,
in an area of no greater than 10 feet by 20 feet (200 square feet)
and provided such composite site/area is not located within any front
yard, side yard or rear yard setback, under the Town of Saugerties
Zoning Law.[1]
I.
Loose and overhanging objects which, by reason of their location
above ground level, constitute a danger of falling on persons in the
vicinity thereof shall be repaired or removed.
J.
Sidewalks, driveways, parking areas and other means of ingress and
egress for the property and structure shall be maintained free of
hazardous conditions.
K.
All holes, excavations, breaks, trenches and digging left open shall
be appropriately filled and repaired or replaced.
L.
The premises shall be kept and maintained in a clean, sanitary and
safe condition, free from litter, rubbish, paper, dirt and garbage,
except for public improvements, in good repair.
M.
Roadways, driveways and parking areas shall have an unobstructed
width of not less than 20 feet exclusive of shoulders, and unobstructed
vertical clearance of not less than 13 feet six inches and shall be
maintained to support the imposed loads of emergency apparatus, be
kept in good repair, be surfaced to provide safe access for all weather
driving capabilities and free of dirt, rubbish and debris.
N.
The exterior of all structures shall be kept free from loose, broken
or unsecured objects or materials. Such loose, broken or unsecured
objects or materials, including but not limited to windows, aerials,
shutters, shingles, bricks, railings and gutters, shall be properly
secured or removed from the structure.
O.
All exterior exposed structures not inherently resistant to deterioration
shall be coated, treated or sealed to protect them from deterioration
or weathering. Wood, masonry or other exterior materials that will
naturally resist deterioration do not have to be treated but must
otherwise be maintained in a sound, secure manner. Exterior surfaces
that have been painted or otherwise coated must be maintained in a
neat, orderly and serviceable manner.
P.
Every floor, exterior wall, roof, porch or accessory structures thereto
shall be maintained in a manner so as to prevent the collapse of the
same or injury to the occupants of the building or to the public.
Q.
Foundation walls and bearing walls of every building shall be maintained
in good repair and be structurally sound.
R.
Vacated buildings or structures must be kept locked or secured. Steps
and acts shall be taken as may be required 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 and that such property
does not become infested with vermin or rodents.
S.
Each owner of any building from which garbage, rubbish, mixed refuse,
ashes or other wastes are collected shall provide refuse containers
sufficient in number to hold all collectible wastes which may accumulated.
Containers must be flytight, rodenttight and watertight and must be
kept covered at all times.
A.
On any residential, nonresidential or mixed-use premises, any owner, tenant or occupant or such person in control of any premises which has been determined to be in violation of this chapter shall cure or remove such violation when ordered to do so by the Code Enforcement Officer, by a member of the Police Department, Fire Inspector or Assistant Building Inspector or subordinate with code enforcement authority, or Superintendent of Highways or designee, regarding right-of-way violations, within 30 days of the service of written notice as provided in Subsection C below.
B.
Any person or persons in control responsible for the creation of a violation under this chapter affecting a public street or other public property within the Town of Saugerties shall remove such offense when ordered to do so by the Code Enforcement Officer, by a member of the Police Department, Fire Inspector or enforcement authority, Superintendent of Highways or designee within 30 days of the service of written notice as provided in Subsection C below.
C.
All written notices under this section shall either be served on
the owner, tenant or occupant or person in control of any property
located within the Town of Saugerties and by mailing a copy of such
notice by certified mail/return receipt requested to the owner, tenant
or occupant or person in control of the property as shown on the current
assessment records of the Town, or by posting a copy of such violation
notice upon the front portion of the property or upon the main structure
and by mailing a copy of such notice by certified mail/return receipt
requested to the owner of the property as shown on the current assessment
records of the Town. In the case of any person responsible for the
creation of an offense existing upon a public street or public property,
notice may be personally served on such person or mailed by certified
mail/return receipt requested to such person at such person's
last known address.
D.
The Code Enforcement Officer or Building Inspector and any subordinate of the Building Inspector with code enforcement authority shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties other than public property, and such officer shall provide written notice of noncompliance to the owner, tenant or occupant as provided in Subsection C, which shall require the removal within 30 days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure.
E.
Inspections. The Enforcement Officer is authorized to enter upon
any land at any reasonable time for the purpose of performing his
or her duty under this section.
A.
A violation of this chapter or regulation is hereby declared to be
an offense, punishable by a fine not exceeding $1,000 or imprisonment
for a period not to exceed five days, or both. Each 24 hours during
which a violation shall continue constitutes a separate and distinct
violation within the meaning of this chapter. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter or regulation shall be deemed a misdemeanor
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply to such offenses.
B.
In addition to any other remedies set forth herein authorizing the
Town to enforce the provisions of this chapter, establishing penalties
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $1,000 per day
for each day of the violation. If said civil fine is imposed, then
the alleged violator may appeal to the Town Board within 30 days after
being served with notice of the civil fine. If the civil fine is not
vacated or overturned by the Town Board and is not paid in full to
the Town Tax Receiver or Town Clerk by the tax collection date next
following, the civil fine and charge shall be a lien upon the premises
on which it is levied and shall be collected by the Town as an assessment
upon said premises on the next real property tax statements issued
by the County of Ulster, as provided by law.
A.
Upon the failure of an owner, tenant or occupant or person in control
with notice to correct a condition complained of, the Town Board shall
hold a public hearing. The public hearing shall be held upon notice
published in the official paper, posted conspicuously on the affected
property and, if obtainable, forwarded to the last known address of
the property owner, as it appears on the current assessment records
of the Town, by certified mail/return receipt requested. Posting,
forwarding and publication shall be made not less than 10 days prior
to the date of the public hearing.
B.
The Town Board, after a public hearing as provided by Subsection A hereof, may cause and continue to cause the removal of any building, structure, vermin, nuisance, hazard, debris or litter as defined in this chapter, or any vehicle parked or stored in violation of this chapter, to be removed from any premises within the Town of Saugerties upon the failure or the continued failure of such owner, tenant or occupant to comply with any requirements and/or conditions of the Town Board. Said removal may be performed by the Town of Saugerties or by its designee or agent, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal and assess such expense against the record owner of the property. Any 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 as an assessment upon said premises on the next real property tax statements issued by the County of Ulster as provided by law.
C.
The removal of any building, structure, nuisance, hazard, litter
or debris by the Town of Saugerties or its agents shall not operate
as an excuse for such owner, tenant or occupant from properly maintaining
the premises as required by this chapter, and such owner, tenant or
occupant shall, notwithstanding such action, be subject to any other
penalties as provided for herein.
Whenever the Code Enforcement Officer, Building Inspector or
Fire Inspector, at any stage of the proceedings instituted under the
provisions of this chapter, finds that a violation of this chapter
exists which, in his or her opinion, presents immediate danger to
the health, safety or welfare of the occupants of a building or of
the public, he or she may, without prior notice or hearing, issue
an order citing the violation and directing that such action be taken
as is necessary to remove or abate the hazard or danger. Such order
may include an order to vacate. Notwithstanding any other provision
of this chapter, such order shall be effective immediately upon service
and shall be complied with immediately or as otherwise provided.
No owner of any building, structure or other premises upon which
any notice or order pursuant to this chapter has been served shall
sell, transfer, grant, mortgage, lease or otherwise dispose of such
property to another until compliance with the provisions of such notice
or order has been secured; or until such owner shall furnish to the
purchaser, transferee, grantee, mortgagee or lessee, prior to such
sale, transfer, grant, mortgage or lease, a true copy of such notice
or order and, at the same time, give adequate notification to the
Code Enforcement Officer, Building Inspector or Fire Inspector, in
writing, of the name and address of such person, persons or firm to
whom or to which the sale, transfer, grant, mortgage or lease is proposed.
A purchaser, transferee, grantee, mortgagee or lessee who has been
informed of the existence of any notice or order issued pursuant to
this chapter shall be bound thereby.
A.
If any provision, paragraph, word, section or article of this chapter
is invalidated by a court of competent jurisdiction, the remaining
provisions, paragraphs, words, sections and articles shall not be
affected and shall continue in full force and effect.
B.
All other chapters, ordinances or local laws, and any parts thereof,
which are inconsistent or conflict with any part of this chapter are
hereby repealed to the extent of any inconsistency or conflict.
This chapter shall be effective upon filing and acceptance by
the Secretary of State.
