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Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
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[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Handbills and littering — See Ch. 110.
Streets and sidewalks — See Ch. 157.
[Adopted 2-21-1980 by L.L. No. 1-1980]
The restrictions upon the regulations governing the acceptable condition of premises and the depositing and retention of garbage or rubbish within the corporate limits of the Village of Fort Plain are hereby established for the purpose of promoting public safety, health and welfare and for the purpose of preserving and caring for the health, safety and general welfare of the inhabitants of and visitors to the Village of Fort Plain.
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Waste food, papers, dead animals or parts thereof, vegetable matter of any kind or capable of fermentation or decay, but shall not include any fertilizer used for the betterment of the land.
OCCUPANT
Any person (including owner) living and sleeping in a dwelling unit or having actual possession of any premises.
OWNER
The owner or owners of the freehold of the premises or lesser estate therein, a purchaser under contract, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or their duly authorized agents.
PERSON
An individual, society, club, firm, association of persons, partnership, limited-liability company or corporation, whether singular or plural.
[Amended 5-15-2018 by L.L. No. 2-2018]
RUBBISH
Waste metal, waste wood, tin cans, ashes, cinders, glass, pottery, paper, empty containers, abandoned appliances and all discarded refuse of any nature.
A. 
No person shall discard or deposit or cause to be discarded or deposited any garbage or rubbish in or upon any public highway or street in the Village of Fort Plain.
B. 
Owners and/or occupants of premises within the corporate limits of the Village of Fort Plain shall maintain the condition of such premises in a manner that complies with the minimum standards and requirements hereinafter established.
(1) 
It shall be prohibited to store or accumulate garbage or rubbish on premises except in such receptacles as shall be adequate to contain such garbage or rubbish, and all such receptacles shall be maintained in good repair.
(2) 
Exterior property area shall be kept free from organic and inorganic material that might become a health, accident or fire hazard.
(3) 
Fences shall be maintained in safe and substantial condition.
(4) 
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.
(5) 
Yards and courts shall be kept clean and free of physical hazards.
(6) 
Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.
(7) 
Exterior property areas shall be free from conditions which may create a health, accident or fire hazard.
A. 
Notice to remove. The Code Enforcement Officers is hereby authorized and empowered to notify the owner of any open or vacant private property within the Village or the agent of such owner to property to dispose of rubbish or garbage located on such owner's property which is dangerous to public health, safety or welfare or to otherwise maintain such premises in a manner that complies with the minimum standards and requirements established by this article. Such notice shall be by mail, registered or certified, addressed to said owner at his last known address, or by personal delivery of the notice to the owner or agent of such owner. Such notice shall provide the owner five days from receipt to properly dispose of such rubbish or garbage and to comply.
[Amended 11-17-2020 by L.L. No. 3-2020]
B. 
Action upon noncompliance.
[Amended 4-30-1996 by L.L. No. 1-1996; 11-17-2020 by L.L. No. 3-2020]
(1) 
Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of rubbish or garbage dangerous to the public health, safety or welfare or to bring the premises into compliance with the minimum standards of this article within five days after receipt of written notices provided for in Subsection A above or within 10 days after the date of such notice in the event that the same is returned to the Village because of the inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Code Enforcement Officer is hereby authorized to take the following actions:
(a) 
Issue an appearance ticket citing the owner or agent to appear before the Minden Town Court for failure to comply.
(b) 
Order its disposal by the Village, with charges to be assessed as provided for in Subsection C.
(2) 
Nothing set forth herein shall prevent the Code Enforcement Officer from having the rubbish and garbage removed and pursuing the charges as provided for in Subdivision C and to also issue an appearance ticket citing the owner or agent to appear before the Minden Town Court for failure to comply.
C. 
Charges.
[Amended 6-21-2011 by L.L. No. 1-2011]
(1) 
When the Village has effected the removal of such dangerous rubbish or garbage or has paid for its removal or has taken such steps to bring the premises into compliance with the minimum standards of this article so as not to constitute a hazard to the health, safety and general welfare of the inhabitants of and visitors to the Village of Fort Plain, the actual cost thereof, plus 10% for inspection and other additional costs in connection therewith shall be charged to the property owner. After the completion of the work the Village Clerk shall send a bill for same to the property owner.
(2) 
Such bill will be due when presented.
(3) 
Penalties for late payment or nonpayment of such bill shall be imposed in the event that such bill is not paid within 30 days of when mailed or otherwise delivered to the property owner. Penalties for late payment or nonpayment of such bill shall be 5% if paid within the first month after the expiration of the thirty-day grace period. Thereafter, an additional penalty of 10% shall be added for each month or portion of a month the bill remains unpaid until such time as the bill is re-levied on the Village taxes for the following fiscal year.
[Amended 5-15-2018 by L.L. No. 2-2018]
(4) 
The unpaid bill shall constitute a lien upon the real property against which the charge is imposed.
(5) 
The Village Clerk shall annually certify the amounts of all unpaid property maintenance charges, including penalties, with a description of the real property affected thereby and shall present such certificate to the Board of Trustees and shall enter the same or an abstract thereof on the minutes of the meeting. The Board of Trustees shall levy such amounts against the real property liable therefore as part of the annual Village tax levy, setting forth such amounts in separate columns in the annual tax roll.[1]
[1]
Editor’s Note: Former Subsection C(6), regarding unpaid bill penalties for rubbish and garbage disposal, which immediately followed, was repealed 5-15-2018 by L.L. No. 2-2018.
Any person, firm or corporation violating or failing to comply with any provision of this article shall be subject to a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
[Adopted 4-30-1996 by L.L. No. 1-1996]
As used in this article, the following terms shall have the meanings indicated:
CODES ENFORCEMENT OFFICER(S)
The Code Enforcement Officer or his duly authorized representative.
PERSONS
Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
[Amended 5-15-2018 by L.L. No. 2-2018]
It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied building lot or plot of land or any part thereof in any developed section of the Village of Fort Plain to permit or maintain on any such lot or plot of land or on or along the sidewall,, street or alley adjacent to the same between the property line and the curb or the middle of the alley or for 10 feet outside of such property line if there is no curb any growth of weeds, grass or other rank vegetation to a height greater than six inches on the average or any accumulation of dead grass, weeds or brush. It shall also be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plant or plants detrimental to health to grow on any such lot or plot of land in such manner that any part of such ivy, ragweed or other poisonous weed shall extend upon, overhang or border any public place.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Fort Plain to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 138-7, provided that cutting and removing such weeds, grass or vegetation at least once in every three weeks between May 15 and September 15 shall be deemed to be a compliance with this article.
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit or cause or permit to run, drop or remain or to be thrown, cast or deposited in or upon any vacant lot of land or vacant place upon the surface of any lot of land, enclosed or otherwise, within the Village of Fort Plain, New York, except at such place as designated or provided by the Board of Trustees of the Village of Fort Plain, New York, any waste, leaves, brush, hay, weeds, straw, litter, wastepaper, boxes, shavings or any filthy, combustible or flammable materials, rubbish, garbage or dirt whereby a fire hazard, danger or risk is or may be engendered or injuriously effected or whereby the premises of another or the enjoyment of the premises of another are or may be injured, damaged, interfered with or prejudiced. Nothing in this section shall be construed as to prohibit the depositing of manure upon any private property for the cultivation of the same.
[Amended 6-21-2011 by L.L. No. 1-2011]
A. 
Noncompliance.
[Amended 11-17-2020 by L.L. No. 3-2020]
(1) 
If the provisions of the foregoing section are not complied with, the Code Enforcement Officer shall serve written notice, either personally or by mail, upon the owner, lessee or occupant or any person having the care or control. of any such lot of land to comply with the provisions of this article. If the person upon whom the notice is served fails, neglects or refuses to cut, remove or cause to be cut and removed such weeds, grass, vegetables or rubbish within five days after receipt of such notice or if no person can be found in the Village of Fort Plain who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Code Enforcement Officer is hereby authorized to take the following actions:
(a) 
Issue an appearance ticket citing the owner or agent to appear before the Minden Town Court for failure to comply.
(b) 
Cause such weeds, grass, vegetation or rubbish on such land to be removed, and the actual cost of such removal, plus 10% for inspection and other additional costs in connection therewith, shall be certified by the Code Enforcement Officer as to the property on which such weeds, grass, vegetation or rubbish were located. After completion of the work, the Village Clerk shall send a bill to the property owner, as provided for in Subsections B, C, D, E and F which follow.
(2) 
Nothing set forth herein shall prevent the Code Enforcement Officer from having such weeds, grass, vegetation or rubbish on the land removed and pursuing such charges as hereinafter provided and to also issue an appearance ticket citing the owner or agent to appear before the Minden Town Court for failing to comply.
B. 
Such bill will be due when presented.
C. 
Penalties for late payment or nonpayment of such bill shall be imposed in the event that such bill is not paid within 30 days of when mailed or otherwise delivered to the property owner. Penalties for late payment or nonpayment of such bill shall be 5% if paid within the first month after the expiration of the thirty-day grace period. Thereafter, an additional penalty of 1/2% shall be added for each month the bill remains unpaid until such time as the bill is re-levied on the Village taxes for the following fiscal year.
[Amended 5-15-2018 by L.L. No. 2-2018]
D. 
The unpaid bill shall constitute a lien upon the real property against which the charge is imposed.
E. 
The Village Clerk shall annually certify the amounts of all unpaid property maintenance charges, including penalties, with a description of the real property affected thereby and shall present such certificate to the Board of Trustees and shall enter the same or an abstract thereof on the minutes of the meeting. The Board of Trustees shall levy such amounts against the real property liable therefore as part of the annual Village tax levy, setting forth such amounts in separate columns in the annual tax roll.[1]
[1]
Editor’s Note: Former Subsection F, regarding unpaid bill penalties for grass and weed removal, which immediately followed, was repealed 5-15-2018 by L.L. No. 2-2018.
Any person committing an offense against any of the provisions of this article shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day of continued violation shall constitute a separate additional violation.