[Added 6-13-2005 by L.L. No. 3-2005]
A.
The Town Board of the Town of Haverstraw hereby determines
that it is necessary for the health, safety, appearance and general
welfare of the public, the residents of the Town of Haverstraw and
the owners of real property located within the unincorporated portion
of the Town of Haverstraw to provide a method whereby vacant lands,
improved properties and public lands, including roads and rights-of-way,
within the unincorporated portion of the Town are properly maintained,
properly repaired, kept clean, and kept free from vermin, nuisances,
hazards, debris and litter.
B.
Properties which are not adequately maintained and
repaired may serve as an attractive nuisance, may result in injuries
therein, may be a point of congregation by vagrants and transients,
may attract rodents or insects and may also attract illegal drug activity.
C.
Properties which are not adequately maintained and
repaired tend to diminish or lessen the appearance thereof or detract
from the appearance of adjoining properties, which may lead to the
progressive deterioration of a neighborhood.
For purposes of this article, the terms used
herein are defined as follows:
To withdraw or give up by leaving the premises or ceasing
to operate or inhabit the premises; more than a seasonal absence from
the premises.
Premises which are not properly maintained so as to diminish
or lessen the appearance thereof, or so as to detract from the appearance
of adjoining properties, which leads, or may lead, to the progressive
deterioration of a neighborhood.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
The Building Inspector of the Town of Haverstraw or such
other person appointed by the Town Board to enforce the provisions
of this article.
An enclosed area or otherwise covered container for the temporary
collection and storage of a nuisance, hazard, debris and litter as
defined herein.
An area of land, with or without buildings, used for the
deposit, collection or storage, outside a completely enclosed building,
of used or discarded materials, such as wastepaper, rags or scrap
metal; or used building material, house furnishings, machinery, vehicles
or parts thereof; with or without the dismantling, processing, salvage,
sale or other use or deposition of the same. A deposit or the storage
on a lot of two or more wrecked or broken-down vehicles or parts of
two or more such vehicles for one month or more in any district or
at any time in a front yard shall be deemed to be a junkyard.
Any waste material, including but not limited to garbage
or other putrescible substance, refuse, tobacco products and packaging,
rubbish, tires, inoperable vehicles and parts, discarded furniture,
appliances, water heaters, bottles, cans, plastic containers, pipes,
bags of fertilizer, pet excrement, building or construction materials
or supplies when stored outside on a site where no active construction
is taking place, discarded or strewn papers or material or other junk
substances, tree stumps, logs, wood, brush or any other matter attractive
to vermin, likely to breed disease, present a fire hazard, create
offensive odors or otherwise be prejudicial to good health; or being
so unsightly of appearance as to be offensive to surrounding properties.
An assemblage of materials constructed or erected, the use
of which requires location above, below or on the ground, including
but not limited to the following: buildings, signs, walls, retaining
walls, radio and television antennas or dishes, microwave/satellite
antennas, pergolas, pagodas, porches, decks, bins, sheds, swimming
pools, swimming pool structures, docks, etc.
Any building, structure or portion thereof designed or used
for residential or commercial purposes which has been unoccupied or
unused for a period of six months or longer. Specifically excluded
are all agricultural structures such as barns and fieldhouses.
A.
It shall be an offense for any person to abandon, leave, dump, store or keep any nuisance, hazard, debris and litter or matter attractive to vermin upon any public highway, road, street, alley or thoroughfare, including any portion of the right-of-way thereof or any other public lands or upon any privately owned property within the unincorporated portion of the Town of Haverstraw except as permitted by Subsections B and C hereof.
B.
The owner, tenant or occupant of property being used
for residential or commercial purposes located within the unincorporated
portion of the Town of Haverstraw is hereby required to maintain at
all times one or more covered dumpsters, containers or enclosures
of adequate size to temporarily store all nuisances, hazards, debris
and litter until removed. The failure to comply with this subsection
shall be deemed an offense.
C.
Except where physically impossible, a dumpster shall
not be located within the front yard of any premises and shall be
surrounded on all sides by an opaque fence or wall enclosure of durable
construction no lower than one foot above the height of the dumpster.
All nonconforming, preexisting dumpsters shall be conformed to this
requirement within six months of the adoption of this article. The
failure to comply with this subsection shall be deemed an offense.
D.
In regard to the curbside pickup of trash containers
(trash cans) and items for bulk pickup by private carter, these items
shall not be set out prior to 8:00 a.m. on the day before each pickup
and shall be retrieved before 8:00 a.m. on the day after each pickup.
E.
In all multiple dwellings and commercial sites, the
owner, managing agent or person in charge of the building must provide
a totally enclosed bin or shed-type structure for housing the necessary
amount of garbage containers and receptacles to meet the needs of
the occupants therein. The site of the bin must be in an inconspicuous
location. In addition, all required garbage containers and receptacles
must be landscaped or screened in accordance with the provisions of
the Zoning Code[1] of the Town of Haverstraw.
F.
The Town Board is hereby authorized to establish one or more temporary or permanent locations wherein residents of the unincorporated portion of the Town of Haverstraw may bring green waste, such as yard waste, brush, leaves, and grass clippings or items constituting a nuisance, hazard, debris or litter (except garbage, toxic materials and chemicals, rubbish, tobacco products and packaging, large quantities of construction materials, bags of fertilizer, pet excrement, and bottles, cans and plastic containers) for disposal in containers provided for such purpose. The use of such containers by residents for personal noncommercial disposal of waste as enumerated above is deemed to be consistent with the purposes of this article and shall not constitute an offense. Any failure to abide by rules and regulations concerning the above, or concerning Subsection G below, or any use for commercial purposes or disposal by nonresidents shall be deemed an offense hereunder.
G.
In order to use locations established pursuant to Subsection F above, residents of the unincorporated portion of the Town of Haverstraw must first obtain a permit from the Superintendent of Highways. No one is permitted to use these locations without possessing a duly issued and valid permit. The only persons eligible to obtain a permit are noncommercial residents of the unincorporated portion of the Town of Haverstraw. Even if eligible for a permit, a person may not use a facility for commercial purposes in any respect, and permissible use is limited to the depositing of permissible materials derivative of the residential use of the permit holder's residence. Rules and regulations concerning the issuance and use of these permits shall be promulgated by the Superintendent of Highways, in a manner and substance not inconsistent with Subsection F above, the remainder of the Code of the Town of Haverstraw, and state and federal law. The Town Clerk, in addition to the Superintendent of Highways, may, at the discretion of the Town Clerk, also issue said permits. Permits issued by the Town Clerk are subject to all rules and regulations promulgated by the Superintendent of Highways.
The owner, occupant or tenant of any privately
owned property within the unincorporated portion of the Town of Haverstraw
shall comply with the following:
A.
The premises shall be properly maintained and landscaped.
Lawns or other ground cover shall be kept trimmed to a height of no
greater than 12 inches. Hedges, bushes and shrubs shall be maintained
and kept from becoming overgrown and unsightly where exposed to public
view and where the same constitute a blighting factor, depreciating
adjoining property and impairing the appearance of the neighborhood.
B.
The premises shall be free of nuisance, hazard, debris,
litter, unsanitary conditions and unsightly materials.
C.
All dead, damaged or diseased trees or any portion
thereof which present any hazard to life or property shall be removed.
D.
Properties shall be maintained to prevent soil erosion
and sedimentation.
E.
Firewood kept on the premises shall be neatly stacked
and properly stored and free of rotted wood.
F.
Any clothesline on the premises shall be placed at
least 15 feet from all property lines and limited in use to clothes
only. Tarps, pool covers, and other material or matter may be hung
on a clothesline or other vertical support for a limited time not
to exceed 48 hours. No clothesline or similar vertical object shall
be placed within any front yard.
G.
All green waste, such as yard waste, brush, leaves,
grass clippings and firewood, shall be placed a minimum of 10 feet
from all property lines. It shall be the responsibility of the complainant
to the Town of Haverstraw under this section to have the property
line staked out in the area where the alleged violation is purported
to exist. Therefore, the property line must be demarked by a licensed
land surveyor so that the code enforcement authority can determine
that the alleged violation does, in fact, exist. This section shall
not apply to green waste placed at the curb for removal by the Town
of Haverstraw, in accordance with the Town of Haverstraw Highway Department's
requirements and schedule for removal.
H.
This section shall not prevent nor prohibit the maintenance
of a compost site/area in an approved and properly functioning manner,
in an area no greater than 10 feet by 20 feet (200 square feet).
The exterior of all premises within the unincorporated
portion of the Town of Haverstraw shall be kept free of all nuisances.
It shall be the duty of the owner or operator to keep the premises
free of hazards, which may include but are not limited to the following:
A.
Hazardous walks and steps, which shall be repaired
or replaced.
B.
Loose and overhanging objects which, by reason of
their location above ground level, constitute a danger of falling
on persons in the vicinity thereof.
C.
Cracks, projections, or obstructions on paths, walks,
driveways, parking areas and other parts of the premises which are
accessible to and may be used by the public.
D.
All holes, excavations, breaks, trenches, and digging
left open, which shall be filled and repaired.
The exterior of the premises in the unincorporated
portion of the Town of Haverstraw, and the condition of accessory
structures, shall be maintained so that the appearance of the premises
and all buildings thereon shall reflect a level of maintenance in
keeping with the standards of the neighborhood, and such that the
appearance of the premises and structures shall not constitute a blighting
factor for adjoining property owners, nor an element leading to the
progressive deterioration of the neighborhood with the accompanying
diminution of property values, including the following:
A.
Equipment and materials which relate to a business,
commercial operation or industrial operation shall not be maintained,
stored, serviced, or used unless permitted under the Zoning Code of
the Town of Haverstraw for the zoning district in which the premises
are located.
B.
Open front porches shall not be used to store or use
household equipment not usually associated with porch usage, such
as washers, dryers and refrigerators, or to store or use commercial
items.
C.
All signs permitted by reason of other regulations
or as a lawful nonconforming use shall be maintained in good repair,
and printed matter, pictures or illustrations contained thereon shall
be completely maintained or, when no longer in use, completely removed.
All signs in a residential zone shall be erected at least 10 feet
from the side and rear property lines, and shall not be directed toward
abutting neighbors` residences located in a residential zoning district.
D.
The exterior of every structure or accessory structure
not inherently resistant to decay, including fences, shall be maintained
in good repair, and all surfaces thereof shall be kept painted or
otherwise provided with a protective coating sufficient to prevent
structural deterioration and to maintain appearance. The same shall
be maintained free of broken glass, loose shingles, crumbling stone
or brick, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences.
E.
There shall be no observable (from a public highway
or private road) cardboard or plastic bag material covering any window
in a structure or accessory structure.
A.
When a building permit has been issued for the construction,
enlargement, alteration, removal, improvement, demolition or conversion
of any building or structure in the unincorporated portion of the
Town of Haverstraw, the site shall be maintained in a neat, safe and
orderly condition and manner.
B.
Scrap wood located on the site shall be neatly stacked.
Building and construction material located on the site shall be neatly
stacked and properly stored.
The owner shall keep all and every part of any
vacant structure in the unincorporated portion of the Town of Haverstraw
in attractive condition and in good repair, including but not limited
to the following:
A.
Exterior surfaces of buildings and structures that
are not inherently resistant to deterioration shall be periodically
treated with a protective coating of paint or other suitable preservative.
B.
Buildings and structures shall be secured at all doorways,
windows and other openings.
C.
Buildings and structures shall be maintained free of vermin and rodents, and the exterior premises shall be maintained in accordance with the provisions of § 127-20 of this article.
D.
Damage caused to the exterior of any structure by
fire, explosion or natural disaster shall be repaired within six months
of the date when such damage was sustained.
All abandoned or fire-damaged buildings in the
unincorporated portion of the Town of Haverstraw shall be boarded
up by the owner as follows:
A.
Material for boarding shall be a minimum of one-half-inch
exterior plywood.
B.
First floor and cellar windows shall have the material
cut to fit between the staff moldings and rest on the windowsill to
provide solid nailing all around. All remaining windows visible from
a public way shall also be so covered.
C.
Windows in exterior doors shall be secured and doors
either padlocked or boarded with plywood.
D.
All material shall be nailed with a minimum of six-penny
nails.
E.
Fire-damaged buildings shall be boarded immediately,
but in no event later than 48 hours of the fire. Abandoned buildings
shall be boarded within five days.
F.
Any owner of a building who fails to comply with this
section shall be subject to a fine of $100 per day from the date of
written notice from the Building Inspector and/or Code Enforcement
Officer.
A.
The parking and storage of vehicles within the unincorporated
portion of the Town of Haverstraw shall be regulated as follows:
(1)
The owner, tenant or occupant of any property shall not park or permit or allow the exterior parking or storage of any vehicle within the front, side or rear yard of such property, except on driveways and parking areas constructed and installed in compliance with applicable laws, and except as permitted under Subsection A(3) and (4) of this section.
(2)
No abandoned vehicle, no unregistered vehicle, and
no vehicle with either an expired registration certificate, registration
certificate under suspension, or otherwise invalid registration certificate
shall be parked out of doors on any property. The number of vehicles
allowed to park on any property shall be limited to the number of
parking spaces legally provided on the property.
(3)
No vehicle shall be parked out of doors on any property
unless the vehicle license plate is exposed and clearly visible. No
vehicle parked or stored out of doors on any property shall be covered
over with any tarp, material or matter other than an approved car
cover, with its vehicle license plate exposed and clearly visible.
(4)
Only one commercial vehicle not over one-half-ton
capacity and only one unoccupied trailer or recreation vehicle, owned
or rented by the owner of the premises, or owned or rented by a gratuitous
guest visiting the owner of the premises, may be parked on that portion
of a residential lot lying to the rear of the residence, which shall
be secured in place at least a ten-foot distance from both side and
rear lot lines.
(5)
Only one boat no longer than 24 feet, owned or rented
by the owner of the premises, may be parked on that portion of a residential
lot lying to the rear of the residence. The boat shall be secured
in place at least a ten-foot distance from both side and rear lot
lines.
B.
No commercial automotive repairs shall take place
in any residentially zoned district in the unincorporated portion
of the Town of Haverstraw, involving two or more vehicles located
simultaneously on said premises, for which a registration certificate
has been issued to an address other than the premises in question.
A.
No parcel of land in the unincorporated portion of
the Town of Haverstraw shall be filled or have the grade of the premises
raised by more than two feet without first obtaining a building permit
from the Town of Haverstraw Building Department.
B.
In the unincorporated portion of the Town of Haverstraw,
all parcels of land shall maintain adequate runoff drains to eliminate
any recurrent or excessive accumulation of stormwater. In addition,
no drainage water shall be drained, discharged or diverted onto adjoining
property, including all roof drains, gutters and leader pipes, pumps,
sump pumps, or pool discharges. All drainage pipes must be directed
either towards a Town-approved drainage system or a Town-approved
drainage pit. All retention basins, swales, drainage structures and
drainage pits must be properly maintained.
A.
In the unincorporated portion of the Town of Haverstraw,
all political signs, posters, stickers, and advertising shall be removed
from all poles, structures and other public areas within 30 days of
an election, general election or primary election by the candidate
or his or her committee.
B.
In the unincorporated portion of the Town of Haverstraw, all event signs, garage sale, tag sale, rummage sale, yard sale or sale event signs, posters, stickers and advertising shall be removed from all public areas (where otherwise permitted) within seven days of the sale, or be subject to removal by the Town, notwithstanding the provisions of § 127-31 of this article.
C.
In the unincorporated portion of the Town of Haverstraw,
all "For Sale" signs or signs which offer items for sale, employment,
merchandise, products and services and/or any other advertising or
temporary sign are prohibited within the public highway right-of-way.
D.
Any signage placed on the public highway or right-of-way in violation of this section shall be removed without notice. Any signage remaining after the expiration of the time period referred to in § 127-28A and B above shall be removed without notice, and a report by the Superintendent of Highways will be filed with the Town Board showing the cost and expense of such removal.
A.
Any owner, tenant or occupant of any property in violation of this article, located within the unincorporated portion of the Town of Haverstraw, shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or his/her assistant, Building Inspector or his/her subordinate with code enforcement authority, or Superintendent of Highways or his/her designee, regarding right-of-way violations, within five days of the service of written notice as provided in Subsection C below.
B.
Any person responsible for the creation of an offense under this article affecting a public street or other public property within the unincorporated portion of the Town of Haverstraw shall remove such offense when ordered to do so by a member of the Police Department, Fire Inspector or his/her assistant, Building Inspector or his/her subordinate with code enforcement authority, or Superintendent of Highways or his/her designee within five days of the service of written notice as provided in Subsection C below.
C.
All written notices under this section shall either
be served on the owner, tenant or occupant of any property located
within the unincorporated portion of the Town of Haverstraw and by
mailing a copy of such notice by certified mail to the owner of the
property as shown on the current assessment records of the Town or
by posting a copy of such violation notice upon the front portion
of the property or upon the main structure and by mailing a copy of
such notice by certified mail to the owner of the property as shown
on the current assessment records of the Town. In the case of any
person responsible for the creation of an offense existing upon a
public street or public property, notice may be personally served
on such person or mailed by certified mail to such person at such
person's last known address.
D.
The Building Inspector and any subordinate of the Building Inspector with code enforcement authority shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties other than public property, and such officer shall provide written notice of noncompliance to the owner, tenant or occupant as provided in Subsection C, which shall require the removal within five days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure.
A.
Any person failing to comply with a lawful order pursuant
to this article or committing an offense against any provision of
this article shall be guilty of a violation punishable by a fine not
exceeding $250 for a first offense and, upon conviction for a second
and any further subsequent offense committed, shall be guilty of a
misdemeanor subject to a fine not exceeding $1,000.
B.
The continuation of an offense against the provisions
of this article shall constitute, for each week the offense is continued,
a separate and distinct offense hereunder.
A.
Upon the failure of an owner, tenant or occupant with
notice to correct a condition complained of, the Town Board may hold
a public hearing. The public hearing shall be held upon notice posted
conspicuously on the affected property and, if obtainable, forwarded
to the last known address of the property owner, as it appears on
the current assessment records of the Town, by certified mail, return
receipt requested. Posting and service of such notice shall not be
less than 15 days prior to the date of the public hearing.
B.
The Town Board, after a public hearing as provided in Subsection A, may cause any vermin, nuisance, hazard, debris or litter as defined in this article or any vehicle parked or stored in violation of this article to be removed from any property within the unincorporated portion of the Town of Haverstraw, upon the failure of such owner, tenant or occupant to comply with any requirements and/or conditions of the Town Board. Said removal may be performed by the Town of Haverstraw or by its designee, or agent, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal, and assess such expense against the record owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
C.
The removal of any nuisance, hazard or litter by the
Town of Haverstraw or its agents shall not operate to excuse such
owner, tenant or occupant from properly maintaining the premises as
required by this article, and such owner, tenant or occupant shall,
notwithstanding such action, be subject to any other penalties as
provided for herein.
D.
In addition,
the owner shall further be responsible for the payment of an administrative
assessment of $500 to compensate the Town for the administrative costs
associated with correction of the violation.
[Added 6-27-2016 by L.L.
No. 2-2016]
A.
If any provision, paragraph, word, section or article
of this chapter is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections and articles
shall not be affected and shall continue in full force and effect.
B.
All other chapters, ordinances or local laws and any
parts thereof which are inconsistent or conflict with any part of
this article are hereby repealed to the extent of any inconsistency
or conflict.
