This chapter shall be known and cited as the "Town of Webster
Property Maintenance Code" and will be referred to herein as "this
chapter."
The purpose of this chapter is to prevent the gradual encroachment
of blight, deterioration, unsightliness and property devaluation and
to assure that all premises within the Town of Webster are maintained
in a manner that, in the discretion of the Director of Community Planning
and Development or his/her representative, will assure the safety,
health, and welfare of the general public.
As used in this chapter, the following terms shall have the
meanings indicated:
The Town officer appointed by the Town Board to be in charge of the Office of the Building Inspector of the Town of Webster in the County of Monroe and State of New York designated by the Town Board to enforce Chapter 119, Building Construction, Chapter 165, Fire Prevention, and Chapter 350, Zoning, and such other similar and related ordinances and local laws as may be determined by the Town Board.
A temporary freestanding covered structure used to offer
limited protection to the items stored within. Most commonly used
to store vehicles.
The Town officer appointed by the Town Board to be in charge of the Office of Code Compliance of the Town of Webster in the County of Monroe and State of New York designated by the Town Board to enforce Chapter 119, Building Construction, Chapter 243, Property Maintenance, and Chapter 350, Zoning, and such other similar and related state and local ordinances and laws as may be determined by the Town Board.
The officer or employee designated by appropriate authority
to be in charge of and responsible for the enforcement of the provisions
of a local law, ordinance or parts thereof for which he or she is
so designated, including the Town of Webster Code Compliance Coordinator,
Code Compliance Inspector, Building and Sanitary Inspector, Assistant
Building Inspector, Fire Marshal, and Deputy Fire Marshal.
An open space surrounded by buildings, sometimes privately
owned or a part of a public property.
The department consisting of, but not limited to, the Office
of the Fire Marshal, the Office of the Building Inspector, the Office
of Code Compliance, and the Division of Planning and Zoning, headed
by the Director.
The Department of State of the State of New York.
Any area on which a site improvement or change is made, including
buildings, landscaping, parking areas and streets.
The Town officer who is chief executive officer of the Department
of Community Planning Development of the Town of Webster in the County
of Monroe and State of New York.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail, or statements by neighbors, passersby,
delivery agents or government agents; or the presence of boards over
doors, windows or other openings in violation of applicable code.
Any of the fire companies under contract to render services
in the Town of Webster, in the County of Monroe, and State of New
York.
A Town official designated to be in charge of the Office of the Fire Marshal of the Town of Webster in the County of Monroe and State of New York, designated by the Town Board to enforce jointly with the Town's other employed Code Enforcement Officials, Chapter 165, Fire Prevention, and such other similar and related ordinances and local laws as may be determined by the Town Board.
An order issued by a Code Enforcement Official pursuant to § 243-7 of this article. The Town of Webster notice and order fulfills the order to remedy as defined by and referenced in Executive Law § 382 of New York State.
Any vehicle used for recreational purposes, including but
not limited to all-terrain vehicles, boats, trailers, boat trailers
and camper trailers, motor homes, and snowmobiles.
The Secretary of State of the State of New York.
A fence constructed of materials not commonly used in the
construction of a fence that would require a building permit by the
Town of Webster. Fencing such as, but not limited to, snow fencing,
screen fencing, netting, chicken wire, and silt screen are examples
of temporary fencing.
A structure which is not permanently secured to the ground
and is no larger than 200 square feet. Commonly constructed of plastic,
fabric, or a combination of both. Commonly used for storing residential
lawn equipment and household items.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time,
including the Building Code of New York State, the Residential Code
of New York State, the Fire Code of New York State, the Plumbing Code
of New York State, the Mechanical Code of New York State, the Fuel
Gas Code of New York State, and the Property Maintenance Code of New
York State. "Uniform Code" shall also include the New York State Energy
Conservation Construction Code, as currently in effect and as hereafter
amended from time to time.
Any parcel of land in the Town that contains any building
or structure that is not lawfully occupied or inhabited by human beings
as evidenced by the conditions set forth in the definition of "evidence
of vacancy" above which is without a lawful tenant, or lawful occupant,
or without a certificate of occupancy.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
An open space on the same lot with a main building and unoccupied
except for those structures specifically permitted.
Discarded grass clippings, sticks, branches, or mulch.
A.
The provisions of this chapter shall apply to all buildings and premises
within the Town of Webster as follows:
(1)
Lots, plots or parcels of land which are vacant, or upon which are
occupied or vacant buildings or portions of buildings.
(2)
Buildings intended for residential use or occupancy, including one-
and two-family dwellings and multiple dwellings, mixed-occupancy buildings
and accessory structures.
(3)
Buildings intended for use as commercial, industrial, institutional
or storage, and related accessory structures.
(4)
Any and all buildings or parcels which are under construction or
demolition, including buildings not completed, to the extent that
a nuisance or practice exists, or is being carried out, which, in
the opinion of the Code Enforcement Official, is a disturbance to
the public health, safety or welfare.
B.
Public land owned or under the control of local, state or federal
governments or their political subdivisions is exempt from the provisions
of this chapter.
A.
The provisions of this chapter shall supplement state and local laws,
ordinances, codes and regulations. Where a provision of this chapter
is found to be in conflict with any provision of a state law, local
law, ordinance, code or regulation, the provision which is more restrictive
or which establishes the higher standard shall prevail when legally
permissible.
B.
Nothing in this chapter shall be deemed to abolish or impair existing
ordinances or remedies of the Town of Webster or its officers or agencies
relating to the repair, removal or demolition of any building deemed
to be dangerous, unsafe or unsanitary.
C.
For reference purposes, this chapter includes sections of and references Chapter 350, Zoning, of the Code of the Town of Webster, codes of the Town of Webster and to the New York State "Uniform Code." References to local or state laws, ordinances, codes, rules or regulations or sections thereof shall be construed to include the addendum "as from time to time amended." Any sections of this chapter which are contained in any laws, codes or ordinances having provision for variances and appeals shall not prohibit the seeking of variances and appeals under such laws, codes or ordinances.
D.
All words in this chapter which are not hereinafter defined shall
carry the meanings set forth in the laws referred, and if no such
definition exists, the meaning shall be derived from the customary
use of the English language. If a dispute should arise, the Director
of Community Planning and Development or his/her representative shall
be responsible for determining which specific meaning is appropriate
for a word which has more than one meaning and which is not defined
in this chapter.
There is hereby adopted by the Town of Webster, Monroe County,
New York, for the purpose of prescribing regulations governing general
property maintenance, and conditions hazardous to life and property
from fire, explosion or other cause, the regulations and standards
as set forth in the New York State Uniform Fire Prevention and Building
Code (henceforth referred to as the "Uniform Code").
