[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 11-11-1974 as L.L. No. 4-1974 (Ch. 13 1/2 of the 1973 Code). Amendments noted where applicable.]
In order to prevent blight and the spread thereof, it is hereby declared that all structures, including but not limited to one- and two-family and multiple-family dwellings, whether or not used for residential purposes, garden apartments, all other apartment complexes, all shopping centers, supermarkets, retail stores, discount houses, warehouses, storage plants, factories, gasoline service stations, public garages or buildings used for other business purposes and accessory structures of all of the foregoing, whether occupied or vacant, shall be maintained in conformity with the standards set out in this chapter so as to assure that none of these structures or properties will adversely affect its neighborhood or the Village community.
It is found and declared that by reason of lack of maintenance and progressive deterioration certain structures and properties have the future effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
Wherever used herein, "person" shall include a natural person or persons, firm, corporation, partnership, association or any other combination of two or more persons who is or are the owners or owners' mortgagee, assignee of rents, receiver, executor, trustee, administrator, lessee or agent directly or indirectly in control of a building or other structure or premises within the Village of Johnson City.
[Amended 4-16-2002 by L.L. No. 1-2002]
Yards, lots, and open areas.
No shopping baskets, crates or wagons shall be left unattended or standing and such baskets, carts or wagons shall be collected as often as necessary and removed to the interior of the building or buildings or in a secure location from which they will be taken by the person responsible for said building.
All garbage and recyclable containers shall be removed from their regular collection points within 24 hours after said garbage has been collected, and no garbage containers shall be placed upon the curb area 24 hours before the due time for the collection of the same; this duty must be taken care of by the person responsible for such containers. Other than when placed at the curb for collection in accordance with the preceding provision, all rubbish, garbage, and garbage cans and containers shall be kept reasonably out of view from the street or roadway and shall not be stored in the front yard nor on the front porch of any building or structure.
All landscaping shall be maintained so that the lawns, hedges, bushes and trees shall be kept neat and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor having a tendency to depreciate adjoining property. Such maintenance shall include but not be limited to the removal of trees and shrubs which may die and or otherwise be destroyed.
All fences shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to painting, as needed, and the replacement, removal or repair of fences which may become in disrepair.
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions.
Yards, courts, and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation, animal feces, and shall be maintained in a manner that will prevent rubbish from being blown about them.
All signs exposed to public view shall be maintained in good repair. Excessively weathered or faded signs shall be removed or put into good repair. Any nonoperative or broken electric or other signs shall be repaired or removed.
No lights, floodlights or spotlights shall be so situated that light from such lamp is directly cast upon the nearby residences.
Buildings and structures. All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration. Exterior porch floors, walls, ceilings and stairs shall be maintained in a clean, safe and sanitary condition. Such areas which have been damaged or show evidence of rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner.
Runoff. Surface and subsurface water shall be appropriately directed or drained so as to have a minimum impact upon adjacent buildings and properties and so as not to create ponding situations. This includes, but is not limited to, not directing down spouts or leaders directly onto adjoining property or into ditches.
Swimming pools. All in-ground swimming pools and aboveground swimming pools, as those terms are defined in § 274-4 of this Code, if open for use, shall be maintained in a clean and sanitary manner. If not open for use, all aboveground and in-ground swimming pools shall be covered with a weatherproof cover. Said weatherproof cover shall be maintained in a clean and sanitary manner, including, among other things, keeping said cover free of stagnant water and other debris.
[Added 4-16-2002 by L.L. No. 1-2002]
No unlicensed, unregistered or inoperative vehicle shall be parked, stored or left in the open in any district of the Village of Johnson City, except as follows:
The vehicle is in a fully enclosed structure.
Vehicle storage permits.
[Amended 1-2-2018 by L.L. No. 1-2018]
One vehicle may be stored on any parcel of land for a period not to exceed six months, if it is suitably covered with a weatherproof vehicle cover such that only the wheels or extreme lower part of the vehicle is exposed. A vehicle storage permit must be obtained from the Village Code Enforcement Officer. The cost of said permit shall be $25. Only one extension may be obtained for any one vehicle; and:
The vehicle shall be owned by one of the inhabitants of the property;
The vehicle shall not be parked within the required side or rear setback of the premises, and may not be stored in the required street setback except if stored in a driveway where it shall maintain a minimum street setback of 10 feet and shall comply with § 300-53.14, Visibility at intersections.
One vehicle may be located on a parcel of land where the seller of the vehicle resides, for a period not to exceed 30 days, if it is for sale, so long as said vehicle is not located on the lawn of the parcel. No more than two such vehicles shall be sold per calendar year. A vehicle sale permit may be obtained from the Village Code Enforcement Officer for 30 days. The cost of said permit shall be $25. Only two extensions within a calendar year may be obtained for any one vehicle.
The vehicle is stored or deposited on premises legally used and operated as a junkyard;
The vehicle is temporarily on the premises of a public garage, or automobile repair station awaiting repair or servicing.
A copy of the permit shall be affixed to the interior of the windshield in order that the permit information is visible from the street.
[Added 1-2-2018 by L.L. No. 1-2018]
For the purposes of this section, the term "vehicle" shall include, but is not limited to, automobiles, trucks, buses, motorcycles, snowmobiles and trailers.
If the permit expires and the applicant fails to renew the permit prior to expiration, the lapsed time of the permit shall be included as to the time allowed for the permit extension.
[Added 1-2-2018 by L.L. No. 1-2018]
[Amended 3-24-1980 by L.L. No. 5-1980; 1-12-1981; 12-21-1993 by L.L. No. 1-1993, 6-23-1998 by L.L. No. 2-1998; 4-16-2002 by L.L. No. 1-2002]
Whenever the Code Enforcement Officer or his or her designee shall determine that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or any rule or regulation adopted pursuant hereto, he or she shall give notice of the alleged violation to the person or persons responsible.
The notice shall:
Be in writing.
Include a specific statement of the reasons why it is being issued and list the sections of this chapter deemed to be violated.
Direct removal or correction of such violation within the following time frames:
In cases of emergency, the responsible party shall have 24 hours to commence work to correct, alleviate or eliminate the emergency, and 72 hours to reasonably complete such work.
All other violations shall be corrected within 10 days after the service of such notice, except when, for good cause shown, the Code Enforcement Officer grants an extension of time in writing.
Be served upon, or sent by registered or certified mail, to the owner or his or her agent, or the occupant, or both, as the case may require. Where the notice is sent by registered or certified mail, a copy of said notice shall also be posted on the property.
A copy shall be maintained on file in the Code Enforcement Office for inspection by the owner or his or her agent, or the occupant or the general public.
Notices may also contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
If the violation is not corrected within the appropriate time frame, the owner, occupant or person having control of said premises shall be deemed in violation of this chapter, and the Code Enforcement Officer shall be authorized to issue an appearance ticket for such violation returnable in Village Court.
[Added 4-16-2002 by L.L. No. 1-2002]
The Code Enforcement Officer or his or her designee is authorized and directed to enter and inspect at all reasonable times, or at such times as may be necessary in an emergency, all buildings, lots and property within the Village of Johnson City, both to determine if such buildings, lots and property are in compliance with this chapter and to safeguard the health and safety of the occupants and the general public.
Either upon request to, and at the convenience of the lawful owner, or upon the complaint and/or invitation of an occupant, or by order of a judge of competent jurisdiction directing that the Code Enforcement Officer shall have access for the purpose of making an inspection, the Enforcement Officer of the Village of Johnson City shall enter and inspect all buildings, lots and property.
The Code Enforcement Officer is authorized to make application to the Johnson City Village Court for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter, where the owner, tenant or occupant refuses or fails to allow an inspection of his or her rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the laws of the State of New York.
Nothing in this section, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Officer to conduct an inspection of any premises subject to this chapter without the consent of the owner, tenant, or occupant of the premises, or without a warrant duly issued by a court of competent jurisdiction.