Town of Pendleton, NY Property Maintenance, Safety, and Access

No person, firm or corporation shall have the right to make any opening or excavation in any street, highway, lane or alley, including any sidewalk in the Town of Pendleton without a permit therefor from the Highway Superintendent of the Town of Pendleton.

Application; fee. The permit application shall be filed with the Highway Superintendent, along with a fee as listed in the Town of Pendleton Fee Schedule, adopted by the Town Board, and as may be amended from time to time.

Penalties for offenses. A violation of this subsection shall be construed and is hereby declared to be a violation and is punishable by imprisonment of not more than 15 days or by a fine of not more than $250, or both, for each violation.

Notice of defects.

Notice required. No civil action shall be maintained against the Town of Pendleton or Town Highway Superintendent for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the Town Clerk or Town Highway Superintendent and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Highway Superintendent and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

Duties of Town Highway Superintendent and Town Clerk. The Town Highway Superintendent shall transmit, in writing, to the Town Clerk within five days after the receipt thereof all written notices received by him/her pursuant to this subsection. The Town Clerk shall cause all written notices received by him/her pursuant to this subsection to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.

Use.

Purpose. It is the purpose of this subsection to make the streets located in the Town of Pendleton safer to the general public.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

COMMERCIAL MECHANIC

A person who repairs motor vehicles for a repair shop which is licensed by the State of New York as a motor vehicle repair station.

HAZARDOUS WASTE

A waste or combination of wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

Pose a substantial present or potential hazard to human life or the environment when improperly treated, stored, transported, disposed or otherwise managed.

MOTOR VEHICLE

A device for transporting personnel or material, incorporating a motor or an engine of any type for propulsion and with wheels, tracks, skids, skis, air cushion or other contrivance for traveling on land or through water.

STREET

A public or private way which affords the principal means of access to abutting properties.

Restrictions. No person shall spill or cause to be spilled, hazardous wastes or any type of petroleum product upon the streets of Pendleton.

Penalties for offenses. Any person, firm or corporation violating any provision of this subsection shall abate the same immediately upon notice from the Town and shall thereafter be guilty of an offense punishable by a fine of not more than $500 or imprisonment for not more than 15 days, or both. Each and every week that a violation of this section is permitted to exist shall constitute a separate offense.

§ 247-89 Curb cuts.

Permit required; applications. No work shall be performed in any Town right-of-way without first obtaining a curb cut permit from the Code Enforcement Officer/Building Inspector. Application for such permit shall contain seven copies of the following: a survey of the property and drawings of the intended work. The Code Enforcement Officer/Building Inspector shall distribute copies to the Town Board, the Planning Board, the Highway Superintendent, the Town Engineer, the Town Assessor, the Town Clerk and the Town Highway Department.

Performance standards.

Work authorized by this permit shall be performed in a manner satisfactory to the Town Highway Superintendent and/or Code Enforcement Officer/Town Building Inspector. Drainage culverts shall be sized and installed according to the directions of the Highway Superintendent or his/her designated representative.

The applicant shall keep in good repair all pipes, hydrants or appurtenances which may be placed within the bounds of the highway under terms of this permit and shall save the Town harmless from all claims and damages which may accrue by reason of their location in the highway and, upon notice of the Highway Superintendent, agrees to make any repairs required for the protection and preservation of the highway and further agrees that, upon the failure of the applicant to make such repairs, they may be made by the Highway Superintendent at the expense of the applicant and such expense shall be a prior lien upon the land benefited by the use of the highway for such pipes, hydrants or appurtenances.

If the work performed is on a road which has been improved by state aid, in no case shall the pavement be disturbed. Upon completion of the work, the highway shall be left in as good a condition as before the work was performed and to the satisfaction of the Highway Superintendent.

If the work is being performed on a county or state road, a permit must be obtained from the proper authority first. A Town curb cut permit is required for work beyond the right-of-way. The applicant must show the permit from the county or state agency to obtain the Town permit.

Responsibilities of the applicant. The said applicant hereby agrees to hold the Town harmless on account of damages of any kind which may arise during the progress of the work authorized by this permit or by reason thereof. The applicant certifies all persons concerned with actual work under this permit are duly covered by workmen's compensation insurance and the Town shall be held harmless on account thereof.

Violations. Failure to comply with the above requirements will be considered a violation of this section and other conditions as set forth in the approved permit.

Inspections.

The Highway Superintendent or his/her designated representative shall make a first inspection after the curb is cut to ensure the curb is cut properly and that driveway stone of at least six inches of no smaller than No. 3 stone for the base is installed from the road to the location of the intended site work.

The Highway Superintendent or his/her designated representative shall make a final inspection after the driveway is complete to ensure all work has been satisfactorily completed.

Building permit; certificate of occupancy/certificate of compliance.

No building permit shall be issued without submittal of a curb cut permit with a first inspection approval.

No certificate of occupancy/certificate of compliance shall be issued without submittal of a curb cut permit with a final inspection approval.

Fees. Fees for installations and inspections shall be as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.

§ 247-90 Property maintenance.

Findings and determination.

The Town Board hereby finds that the outdoor storage, accumulation, deposit or placement of abandoned, junked, discarded, wholly or partially dismantled or unlicensed or unregistered motor vehicles, rubbish, debris, or solid waste upon private property threatens the health, safety and welfare of the Town residents. Outdoor storage, accumulation, deposit or placement of such items and uncontrolled weeds and vegetation creates a significant fire hazard, endangers the environment and groundwater, leads to infestation by insects, vermin or rodents, depreciates property values, and has a deteriorating and blighting effect upon the neighborhood and community.

The Town Board hereby determines that the outdoor storage, accumulation, deposit or placement of abandoned, junked, discarded, wholly or partially dismantled or unlicensed or unregistered motor vehicles, rubbish, debris, or solid waste and uncontrolled weeds and vegetation upon private property constitutes a public nuisance.

Definitions.

CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR

As used in this section, the following terms shall have the definitions indicated:

The Code Enforcement Officer/Building Inspector or his/her deputies or staff, or any other person having authority in the Town to enforce the Town Code.

DEBRIS

Includes all materials resulting from the construction, excavation, renovation, equipping, remodeling, repair or demolition of structures, property or roads as well as materials consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such materials include but are not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, window frames, electrical wiring and components, plastics, carpeting, foam padding, linoleum, metals, or any combination thereof which are incidental to construction, excavation, renovation, equipping, remodeling, repair or demolition.

GARBAGE

Includes all putrescible animal and vegetable waste resulting from processing, marketing and preparation of food items, including the container in which it is packaged.

MOTOR VEHICLE

Includes all vehicles as defined by New York State Vehicle and Traffic Law § 125. The term "motor vehicle," as used in this section, shall also include all-terrain vehicles, as defined by New York State Vehicle and Traffic Law § 2281, and snowmobiles, as defined by New York State Vehicle and Traffic Law § 2221, and shall further include any vehicle intended for operation on land by means other than muscle power.

OUTDOORS

Includes anything not housed in a fully enclosed building.

OWNER

The owner, as identified on the current assessment roll, or the managing representative of the owner.

RUBBISH

Includes all nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to paper and paper products, rags, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, metals, plastics, tires, bedding, cloth, crockery, furniture, appliances and similar items.

SOLID WASTE

Includes all putrescible and nonputrescible materials and substances having served their original intended use or being spent, useless, worthless or in excess to the owner, including but not limited to household and commercial garbage, industrial waste, rubbish, debris, garbage, litter and ashes.

WEEDS or VEGETATION

Refers to, but is not limited to, any organic growths which constitute a fire, health or safety hazard.

All other terms as used in this section shall have their common or ordinary meaning.

Unlawful growth of weeds, etc. Each owner, occupant, lessee, or agent shall ensure that their exterior property is maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include landscaping beds consisting of maintained gardens and clearly defined planting beds where actual care and maintenance is taking place on a regular basis. It shall also not include farming fields where continued planting is done on a yearly basis and is clearly used for farm planting, including but not limited to corn, soy beans, wheat, etc. It shall be the duty of any owner or an agent, lessee or tenant of any premises fronting on any public street to keep the terrace in front of the same in good order and repair. Said duty shall include but not be limited to the cutting and removing of brush, weeds or other unhealthful growth of plants.

Outdoor deposit or storage of waste.

No person, as owner, occupant, lessee or agent, or in any capacity, shall store, deposit, place, maintain, or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discarded, wholly or partially dismantled, unlicensed or unregistered motor vehicle or any solid waste, rubbish, or debris or weeds and vegetation as defined herein upon any private property within the Town.

This subsection shall not apply to:

Any solid waste, rubbish or debris temporarily stored or placed in a container for collection or disposal per scheduled collections established by the Town.

The maintenance of a mulch pile used for on-premises gardening or landscaping confined to an area to the side or rear of a residence and not exceeding 50 square feet.

(c)

The temporary storage on a premises of a single motor vehicle meeting New York State inspection requirements which is unlicensed or unregistered but which is not dismantled, abandoned, junked or discarded. This exception shall only apply where the vehicle is stored on a stone or paved surface not closer to the street than the front facade of the building.

(d)

The maintenance of any motor vehicle on a duly licensed automobile repair or sales business lot, properly zoned, while said vehicle is being repaired or sold, provided that this exception shall not permit storage of vehicles which will not pass a New York State vehicle inspection on any premises for a period in excess of 30 days.

(e)

The maintenance or storage of operable business equipment or construction equipment for sale or in connection with a legally operating business.

(f)

Vegetation consisting of maintained gardens and landscaping where actual care and maintenance is taking place on a regular basis.

For the purposes of this section, every owner and occupant shall be strictly liable and fully responsible and shall be deemed to have permitted any condition on the premises they own or occupy.

Inspection and report. Whenever it shall appear that the provisions of this section are violated, the Code Enforcement Officer/Building Inspector is authorized to make an inspection of the property involved and prepare a written report of the conditions found.

Notice of violation.

If conditions existing on the inspected property violate the provisions of this section, the Code Enforcement Officer/Building Inspector is authorized to serve or cause to be served a written notice of such violation, either personally or by certified mail, upon the owner or owner's agent as well as upon the lessee or occupant of said premises. Failure to serve either an owner or an occupant or lessee shall not prevent enforcement against any party served.

Said written notice shall contain substantially the following: the name of the owner, lessee or occupant of the premises, if known; the address or location of the premises; the identification of the premises as the same appears on the current assessment roll; a statement of the conditions on the property deemed upon inspection to be in violation of this section; a demand that the motor vehicle, solid waste, rubbish, or debris, weeds or vegetation determined to be in violation of this section be removed from the property on or before five days after the service or mailing of such notice; and a statement that a failure or refusal to comply with the provisions of this section and the notice given pursuant thereto within the time specified may result in the Code Enforcement Officer/Building Inspector, or any authorized officer, agent or employee of the Town, to enter the property and remove such motor vehicle, solid waste, rubbish or debris, weeds or vegetation, and cause the same to be disposed of or otherwise destroyed. The Town department, officer or designee performing such work shall keep an accurate and itemized account of the expenses incurred for all labor, equipment and materials furnished plus any other incidental costs. All bills shall reflect work completed on property, plus a charge of 20% to cover the costs and disbursements and administrative handling.

The water billing clerk, upon receiving the invoice(s) described in Subsection F(2) above regarding a property, shall be responsible to charge the unpaid bill to the most current water bill for that property. In the event that collection is not made within 30 days, the water billing clerk shall forward the unpaid account to the Town Assessor, who shall charge the cost of such expenditure against the owner or owners of said property on the next regular tax bill.

The Code Enforcement Officer/Building Inspector or any authorized Town employee shall have the right, at reasonable times, upon notification, to enter upon lands within the Town for the purpose of inspection to determine compliance with this section. The right of inspection herein granted shall apply to the exterior of the buildings and grounds only.

Emergency actions.

Nothing in this section shall prohibit a municipality from entering onto private property to remove any solid waste, motor vehicle, appliance, rubbish or debris, weeds or vegetation whenever an imminent threat to the life or safety of persons does exist. Municipal authority pursuant to this section may only be exercised where there is an immediate necessity to protect life and safety. Any municipal action taken pursuant to this section must be reasonably calculated to alleviate or prevent the crisis condition.

A property owner shall be given notice and an opportunity to be heard prior to any costs and expenses incurred pursuant to this section being placed on the property's tax bill.

Penalties for offenses; enforcement. In addition to the remedies set forth in § 247-90C through H:

A violation of § 247-90C or 247-90D of this chapter is a violation punishable by a fine of up to $250 and/or imprisonment for up to 15 days. Each additional week of continuous violation of the terms of this section constitutes a separate violation.

The Town may seek injunctive relief in a court of competent jurisdiction and shall be entitled to a judgment for any expenses incurred, including attorney fees.

Conflicts with other laws. When the provisions of this section conflict with the provisions of any other local law or ordinance of the Town of Pendleton, the provisions of this section shall prevail.

§ 247-91 Residential construction. [1]

Findings and determination.

The Town Board hereby finds it is aware of the importance and impact the construction of new homes and improvement of existing homes have on the orderly growth of the Town. The Town Board is also aware that proper maintenance and safety along with consideration to nearby property owners are an important part of all new residential construction.

The Town Board hereby determines that in order to ensure that the Town grows with minimal impacts to the existing neighborhood, it is necessary to monitor all residential construction requiring a building permit to be sure that the owner is performing proper property maintenance and adhering to standard safety practices so that the construction site does not become a public nuisance.

Required upon making a building permit application.

Tentative time schedule for completion of residential building construction along with related construction as follows:

Installation of a traditional driveway (concrete, blacktop, stone). Installation of a traditional driveway will be completed within a reasonable time after procurement of a building permit and or curb cut permit. Weather as a factor will be taken into consideration.

Grading and seeding of lot in accordance with an approved drainage plan. Grading and seeding will be done within a reasonable time after completion of digging and pouring the foundation. Weather as a factor will be taken into consideration.

(c)

Home, garage and/or accessory structure completion. Building permit applicant has an obligation to commence and complete construction in a reasonable time frame in order to minimize adverse impacts on the neighborhood.

All residential building permit applications also require submittal of a drainage plan subject to the approval of the Code Enforcement Officer/Building Inspector. See § 247-86, Drainage.

Maintenance and safety.

This section applies to all residential buildings and land under construction or demolition. This includes single-family, two-family, and multifamily residences as well as private garages and accessory structures.

Grass, weeds or other plant growth must be cut on a regular basis. See § 247-90, Property maintenance.

Steps, walks, and driveways must be maintained for safe passage and access.

Accumulations of garbage, trash and construction debris must be controlled and disposed of. Care must be taken to assure that such accumulations are not unsightly and must be removed/disposed of expeditiously.

Inspection and report. Whenever it shall appear that the provisions of this section have been violated, the Code Enforcement Officer/Building Inspector is authorized to inspect the property involved and prepare a written report of the conditions found. If, at the discretion of the Code Enforcement Officer/Building Inspector, abuse of the submitted tentative construction schedule is determined, the original building permit may be voided and a new building permit required. The fee for the new building permit can be up to 10 times the fee charged on the original building permit based on the severity of the abuse.

Notice of violation.

Said written notice shall contain substantially the following:

[1]

The name of the owner, lessee, or occupant of the premises, if known;

[2]

The address or location of the premises;

[3]

The identification of the premises as the same appears on the current assessment roll;

[4]

A statement of the conditions on the property deemed upon inspection to be in violation of this section;

[5]

A demand that the motor vehicle, solid waste, rubbish, debris, weeds, or vegetation determined to be in violation of this section be removed from the property within five days of service or mailing of such notice; and

[6]

A statement that a failure or refusal to comply with the provisions of this section and the notice given pursuant thereto within the time specified may result in the Code Enforcement Officer/Building Inspector, or any authorized officer, agent or employee of the Town, entering the property to remove and dispose of such motor vehicle, solid waste, rubbish debris, weeds, or vegetation.

The Code Enforcement Officer/Building Inspector, or any authorized officer, agent or employee of the Town performing such work, shall keep an accurate and itemized account of the expenses incurred for all labor, equipment, and materials furnished plus any other incidental costs. All bills shall reflect work completed on the property, plus a charge of 20% to cover the costs and disbursements and administrative handling.

The water billing clerk, upon receiving the invoice(s) described in Subsection E(1)(b) above regarding a property, shall be responsible to charge the unpaid bill to the most current water bill for that property. In the event that collection is not made within 30 days, the water billing clerk shall forward the unpaid account to the Town Assessor, who shall charge the cost of such expenditure against the owner(s) of said property on the next regular tax bill.

The Code Enforcement Officer/Building Inspector, or any authorized officer, agent or employee of the Town, shall have the right, at reasonable times, upon notification, to enter upon lands within the Town for the purpose of inspection to determine compliance with this section. The right of inspection herein granted shall apply to the exterior of the buildings and grounds only.

Emergency actions.

Nothing in this section shall prohibit a municipality from entering onto private property to remove any motor vehicle, solid waste, rubbish, debris, weeds, or vegetation whenever an imminent threat to the life or safety of persons does exist. Municipal authority pursuant to this section may only be exercised where there is an immediate necessity to protect life and safety. Any municipal action taken pursuant to this section must be reasonably calculated to alleviate or prevent the crisis condition.