[HISTORY: Adopted by the Town Board of the
Town of Niagara 6-8-1976 by L.L. No. 1-1976. Amendments noted where
applicable.]
A.
This chapter is enacted in recognition of the fact
that the accumulation of rubbish, refuse, litter, noxious growths,
inoperable or abandoned vehicles, machinery and equipment or other
debris abandoned or stored on private property can constitute both
a public and private nuisance.
B.
Such accumulations are a source of potential harm
to children and others who may find them an unattractive nuisance;
they constitute a blight on the Town's landscape, destroying the aesthetic
qualities of the Town and are generally unsightly and are obvious
sources of potential danger. The existence of such accumulations tends
to depreciate not only the property on which they are located, but
also the property of other persons in the neighborhood and in the
Town generally. They constitute the Town a less safe and less pleasant
place in which to live and to do business.
C.
The intent of this chapter is to establish a legal
procedure for the removal of rubbish, refuse, litter, noxious growths,
inoperable or abandoned vehicles, machinery and equipment or other
debris on lands in the Town of Niagara, New York, where they are found
outside of duly licensed establishments.
For the purposes of this chapter the following
terms, phrases, words and their derivations shall have the meaning
given herein:
The putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Any condition upon any private or public area within the
Town which, in the opinion of the Town Board, Town Code Enforcement
Officer, State or County Health Department or other competent authority,
poses a threat to the public health, safety and welfare and shall
include but is not limited to rodent infestations, insect infestations,
animal infestations or nuisances or contamination of property in a
manner that threatens the public health.
[Added 11-9-1994 by L.L. No. 6-1994]
Garbage, refuse and rubbish, as defined hereinafter, and
all other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any public area in the Town owned or used by the Town and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential or other
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid waste (except body
waste), including but not limited to garbage, rubbish, ashes, street
cleaning, dead animals, abandoned or unregistered vehicles and automobiles,
discarded refrigerators, mattresses, stoves, hot-water tanks, washing
machines, clothes dryers, furniture, motors, machinery and equipment
and solid market and industrial waste.
[Amended 3-13-1990 by L.L. No. 4-1990]
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, bushes, trees, branches, wood, glass,
crockery, scrap metal and similar materials.
The Town of Niagara, New York.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
Refers to but is not limited to any organic growth, nonexclusive
of seeds and/or pollen, which constitutes a fire, health or safety
hazard or creates an unsightly condition. Examples of weeds, but not
limited thereto, are Canada thistles, milkweed, sweetweed, poison
ivy, ragweed or other organic growth.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Town except
in public receptacles, in authorized private receptacles for collection
or in official Town dumps.
[Added 4-12-1988 by L.L. No. 6-1988]
The Code Enforcement Officer or authorized Sanitation
Department Superintendent will enforce this chapter.
[Added 4-12-1988 by L.L. No. 6-1988]
Trash will be placed at curbside the day prior
to pickup, and cans will be removed no later than day after pickup.
No person shall sweep into or deposit in any
gutter, street or other public place within the Town, the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the sidewalk
or walkways in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Town, the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the Town shall keep
the sidewalk or walkway in front of their business premises free of
litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Town or upon private property.
No person shall drive or move any truck or other
vehicle within the Town unless such vehicle is so constructed or loaded
as to prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place. Nor shall any person
drive or move any vehicle or truck within the Town, the wheels or
tires of which carry onto or deposit in any street, alley or other
public place, mud, dirt, sticky substances, litter or foreign matter
of any kind.
No person in an aircraft shall throw out, drop
or deposit within the Town any litter, handbill or any other subject.
No person shall throw or deposit litter on any
occupied private property within the Town, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection.
[Added 3-13-1990 by L.L. No. 4-1990]
A.
Tractor-trailers.
(1)
No tractor-trailer, whether licensed or not, shall
be parked or stored or operated for any purpose on any lands in the
Town of Niagara, New York, except those at active construction sites
or as part of a transportation, delivery or moving business having
temporary business to transact in the Town of Niagara.
[Amended 9-19-1990 by L.L. No. 10-1990]
(2)
Any variance from this rule will require a special
permit from the Town Board of the Town of Niagara, New York, and the
duration of said special permit shall be determined by the Town Board.
B.
Mobile homes.
(1)
No mobile home, whether licensed or not, shall be
parked, stored or used for any purpose on lands in the Town of Niagara,
New York, except when occupied as part of an authorized mobile home
park.
(2)
Any variance from this rule will require a special
permit from the Town Board of the Town of Niagara, New York, and the
duration of said special permit shall be determined by the Town Board.
No person shall throw or deposit litter on any
open or vacant private property within the Town, whether owned by
such person or not.
It shall be the duty of every owner or owners
of land, vacant or improved, and of every tenant, lessee or occupant
of land, vacant or improved, within the territorial boundaries of
the Town to keep the land that he or she owns, rents or occupies free
from weeds, as defined herein, including that area known as the "margin,"
which means the area between the curbstone and sidewalk, or the area
between the public roadway and property line.
[Added 11-9-1994 by L.L. No. 6-1994]
It shall be the duty of every owner or owners of land, vacant or improved, and of every tenant, lessee or occupant of land, vacant or improved, within the territorial boundaries of the Town to keep the land that he or she owns, rents or occupies free from health hazards as defined herein, including that area known as the "margin," which means the area between the curbstone and sidewalk, or the area between the public roadway and property line. If the Town Board and/or Town Code Enforcement Officer determines that any health hazard as defined herein exists on such private property, the Town Code Enforcement Officer shall notify in writing the owner of the property or the owner and the tenant, lessee and/or occupant of the property, if the same be occupied, by first-class mail at their last known post office address that a health hazard exists upon said property and the duty of said owner and/or tenant, lessee or occupant to remove such health hazard. Upon the failure, neglect or refusal of any owner, tenant, lessee or occupant, or agent thereof, so notified to properly eliminate said health hazard within 10 days from the date of notice provided for herein, the Code Enforcement Officer shall notify the Town Board, and the Town Board shall thereupon, at its sole discretion, authorize and direct the appropriate Town officer, department or designee to proceed with the elimination of the health hazard. Said 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 and any other costs. The bill shall be collected in the manner provided in § 178-17C of this chapter.
A.
The Town Code Enforcement Officer is hereby authorized
and empowered to notify the owner, tenant, lessee or occupant of any
open or vacant private property within the Town or the agent of such
owner, tenant, lessee or occupant to properly dispose of litter located
on such owner's, tenant's, lessee's or occupant's property which is
dangerous to public health, safety or welfare or to keep his or her
property free from weeds after making an inspection thereof. Such
notice shall be in writing and shall be directed to the owner of the
property or directed to the owner and the tenant, lessee or occupant
of the property, if the same be occupied, postage prepaid at their
last known post office address or, if not known, as recorded in the
Town Assessor's records.
B.
Upon the failure, neglect or refusal of any owner, tenant, lessee or occupant or agent thereof so notified to properly dispose of litter or remove weeds within 10 days from the date of notice provided for in Subsection A above, the Code Enforcement Officer shall notify the Town Board, and the Town Board shall thereupon authorize and direct the appropriate Town officer, department or designee to proceed to dispose of such litter and/or to cut and remove such weeds. 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 and any other costs. All bills shall reflect a minimum charge of five hours labor and equipment time, plus a charge of 20% to cover the costs and disbursements and administrative handling.
C.
The Town Clerk upon receiving the accounts described in Subsection B above shall prepare and collect the bills. In the event that collection is not made within 30 days, the Town Clerk shall forward the unpaid accounts 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 forwarded to such owner by the Town, and said charge shall be due and payable by said owner at the time of payment of such bill.
D.
The Town Code Enforcement Officer or any authorized
Town employee shall have the right, at reasonable times, 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 buildings and grounds only, and the
owner or tenant, lessee or occupant may require postponement of such
inspection for a period of up to 48 hours.
Any person committing an offense against any
provision of this chapter shall be guilty of a violation punishable
as follows: by imprisonment for a term not exceeding 15 days or by
a fine not exceeding $250, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
