[HISTORY: Adopted by the Board of Trustees
of the Village of Scottsville 7-8-2008 by L.L. No. 4-2008. Amendments noted where
applicable.]
A.
The Village Board of the Village of Scottsville hereby
finds that the neglect of exterior property maintenance or 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 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 neglect
of property maintenance or 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.
A.
DEBRIS
GARBAGE
JUNKED MOTOR VEHICLE
MOTOR VEHICLE
OUTSIDE STORAGE
RUBBISH
SOLID WASTE
As used in this chapter, the following terms shall
have the meanings indicated:
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,
or metals, or any combination thereof, which are incidental to construction,
excavation, renovation, equipping, remodeling, repair or demolition.
Includes all putrescible animal and vegetable (excepting
reasonably sized compost in designated areas/containers) waste resulting
from growing, processing, marketing and preparation of food items,
including the container in which packaged.
Any motor vehicle that is unlicensed, wrecked, stored, discarded,
abandoned or dismantled, or partly dismantled, which is no longer
intended or in condition for legal use upon the public highway. With
respect to any motor vehicle not required to be licensed or motor
vehicle not usually used on public highways, the fact that such motor
vehicle has remained unused for more than six months and is not in
a condition to be moved under its own power shall be presumptive evidence
that such motor vehicle is a junked motor vehicle.
Includes all vehicles as defined by the New York State Vehicle
and Traffic Law § 125, 156, and 159. 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,
snowmobiles as defined by New York State Vehicle and Traffic Law § 2221
and watercrafts subject to a New York motorboat registration.
The placement and/or harboring of said materials or items
on any exterior yard areas for longer than 10 days. This shall also
include materials covered by tarps and tarp-like covers.
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 (excluding firewood), glass,
metals, plastics, tires, bedding, cloth, furniture, appliances and
similar items. This shall exclude reasonable yard ornamentation, landscaping,
and decoration.
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 meanings.
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.
This chapter establishes the provisions of the Property
Maintenance Code of New York State as the minimum standard and enforceable
through this chapter 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 the New York State Uniform Fire Prevention and
Building Code.
B.
In any case where a provision is found to be in conflict
with any applicable code, rule, regulation or law of the Village of
Scottsville, 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.
A.
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
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. Dumpsters for the use of construction and/or remodeling
shall be allowed for the duration of construction.
B.
Storage and parking of motor vehicles.
(1)
No person, firm or corporation, either as owner, occupant,
lessee, agent, tenant or otherwise, of property within the Village
shall store or deposit, or cause or suffer or permit to be stored
or deposited, a junked or unlicensed motor vehicle or part or piece
thereof on any private property unless:
(a)
Such motor vehicle is stored or deposited in
a completely enclosed legal building.
(b)
Such vehicle is temporarily stored in compliance with Chapter 170, Zoning, on the premises of a duly authorized motor vehicle sales, service station, or body repair shop within the Village.
(c)
Such motor vehicle is under active repair, reconstruction
or refurbishing by the owner(s) thereof, who must actually be residing
upon the premises. Not more than one such motor vehicle shall be permitted
at any one time on any premises. Such motor vehicle must be so maintained
and protected as not to create any safety hazard, nuisance or unsightliness
to surrounding property owners and shall not remain on the premises
for more than 60 days.
(2)
No more than one unregistered seasonal vehicle may
be stored in a dwelling's driveway or yard, and said vehicle must
possess the previous year's registration and current New York State
motor vehicle inspection.
C.
Commercial units.
(1)
Commercial units shall at all times be maintained
in compliance with the provisions of this chapter regulating open
spaces, buildings or structures and littering.
(2)
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 regularly 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.
(3)
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.
(4)
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.
(5)
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 from the Village Board.
(6)
Shopping centers, supermarkets and similar business
units shall provide permanent, attractive 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 receptacle.
D.
Temporary storage containers may be placed in any
district, with the following conditions:
(1)
The container shall be placed in a side or rear yard.
(2)
The container shall not be present in excess of 45
days per year.
(3)
Any relief from this section may be obtained upon
application to the Village Board for a temporary permit. Upon hearing
the necessity, the Board may grant said permit, effective for 60 days
and renewable upon further petition and demonstration of need to the
Board.
A.
Administration and enforcement.
(1)
This chapter shall be administered and enforced by
the Code Enforcement Officer or any other person designated by the
Scottsville Village Board of Trustees.
(2)
Whenever the Code Enforcement Officer determines that
a building or premises is in violation of any provision of this chapter,
the officer shall serve notice, by regular mail to the last known
address of the person or entity upon which the same is served, as
shown by the most recent tax record, of such violation or alleged
violation to the owner, occupant, agent, or operator responsible for
such violation. Such notice shall be in writing and shall specify
the alleged violation and shall provide a reasonable time of not less
than five days for compliance. Such notice may contain an outline
of remedial action that will be taken to effect compliance in the
event that the said notice is not complied with within the specified
time period. The officer may extend the compliance time specified
in any notice issued under the provisions of this chapter where there
is evidence of intent to comply within the period specified, provided
that reasonable conditions exist which prevent immediate compliance.
(3)
Entry into occupied buildings or structures for the
purposes of an inspection shall be permitted only when the Code Enforcement
Officer has either obtained the informed consent of the property owner
or person with a privacy right to the property or obtained an appropriate
search warrant or acts in belief that there exist exigent circumstances
whereby immediate entry into the building or structure is required
to ensure the protection of life, safety or property.
(4)
Whenever the Code Enforcement Officer has determined
that a condition exists which poses an immediate threat to life, health
or safety, the officer may, without prior notice, issue a notice citing
the violation and order that such action be taken as is necessary
to remove or abate the hazard or danger. Such notice may include an
order to vacate, board-up, fence-off or demolish. Notwithstanding
any other provision of this chapter, such an order shall be effective
immediately upon personal service and/or posting on the premises and
shall be complied with immediately or as otherwise provided. Expenses
incurred in the execution of such order shall be recovered as provided
herein.
B.
Action in cases of noncompliance.
(1)
Whenever a notice as provided in this chapter has
been served by regular mail or personal service upon such owner, occupant,
agent or operator or by posting on the premises where violations are
deemed to exist and such owner, occupant, agent or operator shall
neglect or fail to comply with the requirements of such notice or
notices within the time provided therein, the Code Enforcement Officer
may authorize the work to be done and pay the cost thereof out of
general Village funds.
(2)
The Village shall be reimbursed for the cost of the
work performed or services rendered by direction of the Code Enforcement
Officer as hereinabove provided by assessment and levy upon the lots,
parcels of land, or premises wherein such work was performed or such
services rendered, and 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 Village charges. 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.
(3)
The Code Enforcement Officer shall have the authority,
pursuant to the New York State Criminal Procedure Law, to issue an
appearance ticket subscribed by the officer directing the owner, occupant,
agent or operator, or designated representative, to appear in a designated
local criminal court at a designated future time in connection with
the alleged commission of a designated violation of this chapter or
any order made hereunder.
(4)
Any person who fails to comply with any provision
of this chapter or fails to comply with any notice, order or directive
of the Code Enforcement Officer after expiration of the time for compliance
established in accordance with this chapter shall, upon conviction,
be punished by a fine of not more than $1,000 or by imprisonment not
to exceed one year, or both, for such violation. In the event of any
failure to so comply, each and every day that such violation continues
shall constitute a separate offense, and the penalties prescribed
above shall be applicable to each such separate offense.
Nothing in this chapter shall prohibit a municipality
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.
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.
