[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.]
A.
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.
B.
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]
A.
Yards, lots, and open areas.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions.
(6)
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.
(7)
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.
(8)
No lights, floodlights or spotlights shall be so situated
that light from such lamp is directly cast upon the nearby residences.
B.
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.
C.
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.
D.
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]
A.
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:
(1)
The vehicle is in a fully enclosed structure.
(2)
Vehicle storage permits.
[Amended 1-2-2018 by L.L.
No. 1-2018]
(a)
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:
[1]
The vehicle shall be owned by one of the inhabitants of the
property;
[2]
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.
(b)
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.
(3)
The vehicle is stored or deposited on premises
legally used and operated as a junkyard;
(4)
The vehicle is temporarily on the premises of
a public garage, or automobile repair station awaiting repair or servicing.
(5)
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]
B.
For the purposes of this section, the term "vehicle"
shall include, but is not limited to, automobiles, trucks, buses,
motorcycles, snowmobiles and trailers.
D.
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]
A.
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.
(1)
The notice shall:
(a)
Be in writing.
(b)
Include a specific statement of the reasons
why it is being issued and list the sections of this chapter deemed
to be violated.
(c)
Direct removal or correction of such violation
within the following time frames:
[1]
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.
[3]
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.
(d)
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.
(2)
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.
(3)
Notices may also contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
