[HISTORY: Adopted by the Board of Trustees
of the Village of North Syracuse 2-14-2002 by L.L. No. 1-2002. Amendments
noted where applicable.]
This chapter shall be known as the "Property
Maintenance Law of the Village of North Syracuse."
A.
The Village Board of the Village of North Syracuse
hereby finds that the outdoor storage, accumulation, deposit or placement
of abandoned, junked, discarded, wholly or partially dismantled, unlicensed
or unregistered motor vehicles, rubbish, debris, or solid waste upon
private property threatens the health, safety and welfare of Village
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 Village Board hereby determines that the outdoor
storage, accumulation, deposit or placement of abandoned, junked,
discarded, wholly or partially dismantled, unlicensed or unregistered
motor vehicles, rubbish, debris, or solid waste upon private property
constitutes a public nuisance.
C.
The Village Board hereby determines that there exist
in the Village of North Syracuse structures used for human habitation
that are, or may become, substandard with respect to structure, equipment
or maintenance. Such conditions constitute a menace to the health,
safety, morals, welfare and reasonable comfort of Village residents.
It is further found that the existence of such conditions, factors
or characteristics will, if not remedied, create blighted areas. It
is further found and declared that the establishment and maintenance
of minimum housing standards are essential to the prevention of blight
and decay and are essential in order to protect the public health,
safety, and welfare.
[Added 8-14-2008 by L.L. No. 1-2008]
A.
BALCONY
DEBRIS
DECK
GARBAGE
MOTOR VEHICLE
PORCH
RUBBISH
SOLID WASTE
As used in this chapter, the following terms shall
have the meanings indicated:
A platform extending from the wall of a building.
[Added 8-14-2008 by L.L. No. 1-2008]
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 pavements, glass, window frames, electrical
wiring and components, plastics, carpeting, foam padding, linoleum,
metals, or any combinations thereof which are incidental to construction,
excavation, renovation, equipping, remodeling, repair or demolition.
An uncovered porch.
[Added 8-14-2008 by L.L. No. 1-2008]
Includes all putrescible animal and vegetable waste resulting
from growing, processing, marketing and preparing 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.
A roofed-over structure projecting from the wall or walls
of a main structure, whether or not open to the weather.
[Added 8-14-2008 by L.L. No. 1-2008]
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, cigarettes,
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.
B.
All other terms as used in this chapter shall have
their common and ordinary meaning.
[Amended 8-8-2002 by L.L. No. 2-2002; 9-8-2022 by L.L. No. 4-2022]
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 Village. This section shall not
apply to any solid waste, rubbish or debris temporarily stored or
placed in a container for collection or disposal. Violation of this
section is punishable by a fine of up to $250 and/or up to 15 days
in jail. Each week's continued violation shall constitute a separate,
additional violation for which no further notice of any kind needs
to be filed or served.
Whenever it shall appear that the provisions
of this chapter are violated, the Code Enforcement Officer, or any
such other officer or employee authorized by the Village to have jurisdiction
thereof, shall make an inspection of the property involved and shall
prepare a written report of the conditions found, which report shall
be filed with the Village Board.
A.
If conditions existing on the inspected property violate
the provisions of this chapter, the Code Enforcement Officer or other
designated officer or employee shall 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.
B.
Said notice shall contain substantially the following:
(1)
The name of the owner, lessee or occupant of the premises;
(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 chapter;
(5)
A demand that the motor vehicle, solid waste, rubbish
or debris determined to be in violation of this chapter be removed
from the property on or before 10 days after the service or mailing
of such notice; and
(6)
A statement that a failure or refusal to comply with
the provisions of this chapter and the notice given pursuant thereto
within the time specified may result in a duly authorized officer,
agent or employee of the Village entering upon the property and removing
such motor vehicle, solid waste, rubbish or debris and causing the
same to be disposed of or otherwise destroyed, and that the cost and
expense of such removal and disposal or destruction shall be assessed
against the described property and shall constitute a lien thereon
to be collected as provided by law.
C.
Said notice shall also contain the date, time, and
location at which the Village Board shall conduct a public hearing
to determine whether the conditions upon the subject property constitute
a public nuisance. Said notice shall state that the property owner,
his/her agent, lessee or occupant is entitled to be heard at such
hearing and present evidence or testimony. The date of such public
hearing must be at least 10 days after service or mailing of the notice
of violation. Notice of the public hearing shall be published in a
paper of general circulation in the Village at least five days prior
to the date of the public hearing.
D.
Nothing contained herein shall require notice as a
prerequisite to the issuance of a summons or appearance ticket for
a violation of any of the provisions of this chapter.
On or before the date of the public hearing
and prior to commencement of the public hearing the Code Enforcement
Officer or other duly authorized officer or employee shall conduct
a second inspection of the property and file a written report of the
conditions deemed in violation of this chapter found thereon with
the Village Board. Such inspection shall be conducted as close to
the date of the public hearing as practicable.
At the close of the public hearing, the Village
Board may determine that the conditions upon the subject property
which violate this chapter constitute a public nuisance. Upon a determination
by the Village Board that conditions upon the property constitute
a public nuisance, the Village Board is empowered to authorize officers,
agents or employees of the Village to enter onto the property to remove
any vehicle, solid waste, rubbish or debris stored, deposited, placed
or maintained in violation of this chapter and dispose of or otherwise
destroy the same. Any costs and expenses incurred by the Village when
acting pursuant to this chapter to abate a public nuisance shall be
assessed against the property involved and shall constitute a lien
thereon to be collected as provided by law.
Nothing in this chapter shall prohibit the Village
from entering onto private property to remove any 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. 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 Village from seeking judicial or equitable relief to abate violations
of this chapter.
This chapter shall not apply to any junkyard
as defined in the Village Code.[1]
[Added 8-14-2008 by L.L. No. 1-2008]
A.
General.
(1)
The exterior of a residential building shall be maintained
in a structurally sound and sanitary manner so as not to pose a threat
to the health and safety of the occupants, as well as to protect the
occupants from adverse environmental conditions.
(2)
The exterior of a residential building shall be maintained
so as to retain a neat appearance. Painting, protective coatings and
other finishes on exterior surfaces shall conform to acceptable standards.
B.
Porches, decks, stairways and balconies.
(1)
All porches, decks, stairways and balconies, and all
appurtenances thereto, shall be maintained in a structurally sound
manner, in good repair, with proper anchorage and the capability to
support imposed loads.
(2)
Wood surfaces, including decay-resistant woods, shall
be protected from the elements and from decay by protective treatments.
