[HISTORY: Adopted by the Town Board of the Town of Sweden 9-23-2003
by L.L. No. 3-2003. Amendments noted where applicable.]
A.
The Town Board of the Town of Sweden 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 Town residents. Outdoor storage, accumulation,
deposit or placement of such items 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.
B.
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 upon private property constitutes a public nuisance.
As used in this chapter, the following terms shall have the meanings
indicated. All other terms as used in this chapter shall have their common
and ordinary meaning.
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 material, 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.
Includes all putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including the
container in which packaged.
Includes all vehicles as defined by New York State Vehicle and Traffic
Law § 125. The term "motor vehicle" as used in this chapter 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.
Includes all discarded or worthless nonputrescible solid wastes consisting
of both combustible and noncombustible wastes, including but not limited to
paper and paper products, rags, wrappings, cardboard, tin cans, yard clippings,
wood, glass, metals, plastics, tires, bedding, cloth, crockery, furniture,
appliances and similar items.
Includes all putrescible and nonputrescible materials and substances
discarded or rejected as having served their original intended use or as being
spent, useless, worthless or in excess to the owner at the time of such discard
or rejection, including but not limited to household and commercial garbage,
industrial waste, rubbish, debris, litter, and ashes.
Executed in a skilled manner, e.g., generally plumb, level, square,
in line, undamaged and without marring adjacent work.
[Added 8-22-2006 by L.L. No. 3-2006]
[Amended 8-22-2006 by L.L. No. 3-2006]
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 upon any private property within the Town. This section
shall not apply to any solid waste, rubbish or debris temporarily stored or
placed in a container for collection or disposal.
A.
This chapter establishes certain minimum standards for
the initial and continued occupancy and use of all structures and does not
replace or modify standards otherwise established for the construction, repair,
alteration or use of the structure, the premises or the equipment or facilities
contained therein, as are required by Building Codes of New York.
B.
In any case where a provision is found to be in conflict
with any applicable zoning, building, plumbing, electrical, heating, ventilation,
fire or safety code of the Town of Sweden, County of Monroe, State of New
York or United States of America, the provision that establishes the higher
standard, as determined by the Code Enforcement Officer, shall prevail.
The exterior of the premises and the condition of structures shall be
maintained so that the premises and buildings shall reflect a level of maintenance
in keeping with the standards of the community and shall not constitute blight
from adjoining property owners or lead to the progressive deterioration of
the neighborhood. Such maintenance shall include, without limitation, the
following:
A.
Foundations, porches, decks, steps, stairs and walls
shall be in good condition.
B.
Vent attachments shall be safe, durable, smoketight and
capable of withstanding the action of flue gases.
C.
Exterior balconies, porches, roof area (other than used
for normal maintenance), landings, stairs and fire escapes shall be provided
with banisters or railings properly designed, installed and maintained to
minimize the hazard of falling and unsightly appearance.
D.
All signs and billboards exposed to public view permitted
by reason of other regulations or as a lawful nonconforming use shall be maintained
in good repair. Any signs that have become excessively weathered, those upon
which the paint has excessively peeled or those whose supports have deteriorated
to that they no longer meet the structural requirements of the Building Codes
of New York shall, with their supports, be removed or put into a good state
of repair. All nonoperative or broken electrical signs shall be repaired or
shall, with their supports, be removed. Signs denoting a business which is
no longer on the premises shall be removed within 30 days of the date on which
the business ceases to occupy the premises.
[Amended 8-22-2006 by L.L. No. 3-2006]
E.
All exterior walls of a building, accessory building,
or structure, whether residential, commercial, or industrial, exposed to the
public view shall be kept in a good state of repair. Storefronts or any portion
of a structure shall not show evidence of excessive weathering or deterioration
of any nature. Unoccupied storefronts shall be maintained in a clean and neat
appearance.
F.
Any awnings or marquees and accompanying structural members
shall be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or similar material and are exposed
to public view, such material shall not show evidence of excessive weathering,
discoloration, ripping, tearing, holes or other deterioration. Nothing herein
shall be construed to authorize any encroachment on streets, sidewalks, or
other parts of the public domain.
G.
All vacant buildings shall be continuously guarded or
sealed and kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Code Enforcement
Officer as to design and building material. Owners of such buildings shall
take such steps and perform such acts 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.
H.
Exterior walls, including doors and windows and the areas
around doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. Materials which
have been damaged or show evidence of dry rot or other deterioration shall
be repaired or replaced and refinished in a workmanlike manner.
I.
All exposed exterior surfaces shall be maintained free
of broken or cracked glass, loose shingles or loose or crumbling stones or
bricks, loose shutters, railings, aerials, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance. Said conditions
shall be corrected by repair or removal. All exposed exterior surfaces of
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 be otherwise maintained in a sound, secure, workmanlike
manner. Exterior surfaces that have been painted or otherwise coated must
be maintained in a neat, orderly, serviceable manner. Floors, walls, ceilings,
stairs and fixtures of buildings shall be maintained in a clean safe, sanitary
condition. Every floor, exterior wall, roof, porch or appurtenance 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.
J.
Roof drains, overflow pipes, air-conditioning drains
and any other device used to channel water off or out of a building shall
be maintained in a safe and operable condition and shall not drain onto a
public sidewalk, walkway, street, alleyway or adjoining property.
K.
Lawns shall be kept cut and not to exceed 10 inches in
height. Trees, brush, shrubs and hedges shall be trimmed regularly during
the growing season so as to avoid an unsightly appearance or obstruct sidewalks
and roadways. Piles of materials such as dirt, sand and similar materials
shall be used or removed within 30 days of receiving said materials. Failure
to comply with this subsection, within five days of being notified, will result
in the Town taking any legal action necessary to correct the violation. This
will include the issuing of an appearance ticket and/or the Town removing
the material or cutting the grass or having the same done by contract with
a third party. Any and all cost associated with correcting the violation shall
be assessed upon the real property on which the brush, grass or weeds are
found. The fees for action taken by the Town shall be established from time
to time by the Town Board by resolution.
A.
Surface or subsurface water shall be appropriately drained
to protect buildings and structures and to prevent the development of stagnant
ponds. Gutters, culverts, catch basins, drain inlets, storm sewers or other
satisfactory drainage systems shall be utilized where necessary. No roof,
surface or sanitary drainage shall create a structural, safety or health hazard
by reason of construction, maintenance or manner of discharge.
B.
Fences and other minor construction shall be maintained
in a safe and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar paved
areas shall be maintained so as to afford safe passage under normal use and
weather conditions. Any holes or other hazards that may exist shall be filled
and necessary repairs or replacement carried out.
D.
Yards and vacant lots shall be kept clean and free of
physical hazards and rodent harborage and infestation. They shall be maintained
in a manner that will prevent dust or other particles from being blown about
the neighborhood. Open wells, cesspools or cisterns shall be securely closed
or barricaded from access by the public. All temporary excavations shall be
kept covered or barricaded so as to protect the general public from injury.
E.
All land must be kept free of dead or dying trees and
accumulations of brush, shrubs, weeds, grass, stumps, roots, excessive and/or
noxious growths, garbage, refuse or debris which would either tend to start
a fire or increase the intensity of a fire already started or cause poisoning
or irritation to people or animals or cause or tend to cause or enhance an
unhealthy or dangerous or obnoxious condition on said property or on any adjacent
or neighboring property.
F.
No more than one unregistered vehicle may be stored in
a dwelling's driveway or yard, and said vehicle must have a current New York
State motor vehicle inspection sticker and the sticker must be visible on
the front windshield. This subsection shall be enforced by the Town Code Enforcement
Officer or County Sheriff.
[Amended 8-22-2006 by L.L. No. 3-2006]
A.
Commercial units shall at all times be maintained in
compliance with the provisions of this chapter regulating open spaces, buildings
or structures and littering.
B.
No materials or stock-in-trade, garments, shoes or other
wares, soft drink or vending machines, ice machines or the like may be stored
or displayed on a public sidewalk. Specifically excluded herefrom are chairs
and tables used in connection with a sidewalk cafe or restaurant, provided
that there shall be sufficient sidewalk passage for pedestrians. Materials
may be stored in a rear yard, provided that a storage area therein is completely
enclosed within a six-foot-high solid fence or evergreen hedge of equivalent
height and that the storage area does not infringe on or obstruct vehicle
parking or maneuvering areas.
C.
No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time, and all such garbage,
crates, rubbish, refuse, or debris shall be kept inside the building or buildings
on the premises or in an acceptable enclosure and shall be regularly collected
and removed from the premises.
D.
No shopping baskets, carts or wagons shall be left unattended
or standing in open areas, and the same shall be collected at the close of
business each day by the occupant of such unit and moved to a clearly designated
area dedicated to said baskets, carts or wagons, or to the interior of the
building or buildings.
E.
No mobile refrigeration unit shall be operated on the
premises after the closing of the business conducted thereon unless such mobile
refrigeration unit is electrically operated, except in an industrial zone.
F.
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance shall include
but not be limited to the replacement of trees and shrubs that may die and/or
otherwise be destroyed, the maintenance and cutting of lawns and the replacement
and/or repair of fences which may become in disrepair.
G.
Persons owning or occupying a commercial unit shall keep
all walkways, public or private, abutting said premises free from litter and
trash of whatever nature.
A.
Grounds, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation. Methods used
for exterminating insects, vermin and rodents shall conform to generally accepted
practice.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall be closed
or appropriately screened with mesh or other suitable material.
C.
No materials, goods or supplies (such as furniture intended
for interior use only, for example, chairs and couches) may be stored in any
front yard or in an exterior or interior side yard. Materials may be stored
in a rear yard, provided that the area used for storage is screened from neighboring
properties by a fence or hedge and provides protection from the elements and
that the method and manner of storage complies with the other provisions hereof.
A.
Residential, commercial and industrial premises, whether
improved or vacant, shall be maintained free of litter; provided, however,
that this section shall not prohibit the storage of litter in appropriate
private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be used
for the collection, storage, handling and disposal of garbage and refuse in
accordance with the provisions of applicable codes. 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 accumulate. Containers must be rodentproof and insectproof
and watertight and must be kept covered at all times. Such containers must
be kept from public view until day of pickup.
C.
No person shall discard, abandon or store a refrigerator
or freezer in a place accessible to children without first completely removing
any and all doors and obtaining a certificate from an authorized person or
company (New York State Penal Law) showing that all Freon has been lawfully
removed.
[Amended 8-22-2006 by L.L. No. 3-2006]
D.
Dumpsters and similar large receptacles shall be shielded
from the public view by means of appropriate landscaping, hedges, fences or
screening. Commercial users of dumpsters in noncompliance with this chapter
shall have 12 months from the date of its adoption to comply or appeal for
a variance. Dumpsters for the use of construction and/or remodeling shall
be allowed for the duration of construction.
E.
Shopping centers, supermarkets and similar business units
shall provide permanent, attractive, decorated litter receptacles within the
premises for public use in sufficient quantity so that a person will not have
to walk in excess of 50 feet to use any such receptacles.
A.
The owner, occupant, agent, and operator in control of
the building, structure, lot or parcel of land shall be jointly and severally
responsible for the maintenance of the premises in a clean, safe and sanitary
condition according to the provisions of this chapter.
B.
Notwithstanding the failure of the occupant, agent or
operator in control of the building, structure, lot or parcel of land to maintain
the premises in a clean, safe and sanitary condition, the owner of the building,
structure, lot or parcel of land shall be an accessory responsible party.
A.
Nothing in this chapter shall prohibit the Town from
entering onto private property to remove any structure, solid waste, motor
vehicle, appliance, rubbish or debris whenever there exists an imminent threat
to the life or safety of persons. Municipal authority pursuant to this section
may only be exercised where there is a dire 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 and must be limited
to those actions necessary to eliminate the emergency situation.
[Amended 8-22-2006 by L.L. No. 3-2006]
B.
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.
Nothing contained in this chapter shall prevent the Town from seeking
judicial or equitable relief to abate violations of this chapter.
This chapter shall not apply to any junkyard as defined in the Town
Code.[1]
[Added 8-22-2006 by L.L. No. 3-2006]
Violation of this chapter shall be subject to a fine of not more than
$250 or imprisonment for not more than 15 days, or both, for each day the
violation continues.
