[HISTORY: Adopted by the Board of Trustees of the Village of Lowville 10-6-1992 by L.L. No. 5-1992. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Law of the Village of Lowville."
A sanitary and hazard free environment is declared to be of vital importance to the health, welfare and safety of the inhabitants of the Village of Lowville as is the safeguarding of their material rights and the protection of the public health. In addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Village of Lowville and the general welfare of its citizens. Therefore, recognizing the above and the need of the community for an effective and well-regulated procedure for the disposal of garbage and rubbish and for the maintenance of residential and business premises whether improved or vacant, the Village Board does hereby enact this chapter.
All residential and business premises located within the Village of Lowville, whether improved or vacant, shall be maintained in conformity with the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
APPLIANCE
Includes any stove, washing machine, dryer, freezer, refrigerator or other household device or equipment that is abandoned, junked, discarded, wholly or partially dismantled or no longer intended or in condition for ordinary use for the purpose for which it was designed originally.
BUSINESS UNIT
A building or combination of buildings and the lot on which the same is located, used wholly or in part for commercial purposes, including, but not limited to, offices, places of public assembly, shopping centers, restaurants, supermarkets, retail stores, warehouses, manufacturing or fabrication, plants, gasoline stations and other business uses.
COMMERCIAL HAULER
Any person, firm, corporation, partnership or other association engaged in the business of collecting, disposing or transporting garbage, refuse or waste material in any part of the Village of Lowville.
GARBAGE
Any refuse from animal and vegetable matter, waste food or parts thereof, refuse from kitchen, market, store or house, floor sweepings, table waste or animal or vegetable matter, meats, fish, bones, fat and all offal and organic waste substance or substances capable of decay, but not including waste from slaughterhouses, rendering plants or sanitary disposal systems.
INFESTATION
The presence of insects, rodents, vermin or other pests.
LITTER
Garbage, refuse and rubbish as herein defined and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
LOT
A plot, tract, premises or parcel of land with or without buildings or structures located thereon, as surveyed or apportioned for sale or other purpose.
MOTORIZED EQUIPMENT
Includes, but is not limited to, power machines, lawn mower, motors or parts that were once motorized equipment.
MOTOR VEHICLE
Includes any and all vehicles propelled or drawn by power other than muscular power, intended for use on public highways; any unregistered, old or secondhand motor vehicle or trailer; any motor vehicle in such condition or state of repair that it cannot be licensed immediately without extensive repair; any abandoned, junked, discarded, wholly or partially dismantled motor vehicle no longer intended or in condition for legal use on the public highways; or any vehicle incapable of passing a New York State inspection. This does not include inoperable farm or construction vehicles, implements, equipment or machinery retained for the purpose of salvaging usable parts in connection with the ongoing operation of an on-site farm or construction business, provided that such items are stored within a consolidated area out of the public view.
OUTDOOR STORAGE
Includes the placing, maintaining or keeping of any motor vehicle, appliance, motorized equipment, rubbish and debris as the same are defined herein in a place other than a structure with a roof and fully enclosed on all sides.
OWNER
The person having legal title to property and also the person shown as owner of the property on the current assessment rolls of the village.
PERSON
One or more persons of either sex, natural persons, corporations, partnership, associations, joint-stock companies, unincorporated associations, their agents or employees, society clubs and all other entities of any kind capable of being sued.
PRIVATE PROPERTY OR PRIVATE PREMISES
Any real estate or part thereof, yard or driveway, other than that used as a public place, road, street or highway, situated in the village, but not including land used for agriculture purposes.
PUBLIC NUISANCE AFFECTING HEALTH
A nuisance which is a thing, act or occupation or use of property, premises, equipment or structure, either private or public, affecting the health of one or more persons.
REFUSE AND RUBBISH
Plastics, combustible trash, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches, yard trimmings, wood furniture and bedding. Also included is noncombustible trash, including, but not limited to, tires, metals, cans, plastics, metal furniture, small quantities of rock, brick and concrete, glass, metal fixtures, bottles and street rubbish, street sweepings, dirt, leaves, catch basin dirt and contents of litter receptacle, ashes, dead animals, junked vehicle, solid market and industrial wastes, cardboard, leaves, crockery and similar materials.
RESIDENT
Any person having a domicile within general limits of the village, including landlords and tenants. The term shall also include any person, firm, partnership, corporation or other association operating an established business within the limit of the Village of Lowville.
RESIDENTIAL PREMISES
A building or combination of buildings used solely for personal living purposes of the occupants thereof, whether as owners or tenants thereof and not used for any business purposes.
WASTE MATERIALS
Includes, but is not limited to, waste produced by industrial or manufacturing process, including food processing waste, boiling house cinders, lumber scraps and shavings, slag, industrial sludge or other chemical waste and by-products, tires and oils and large amounts of wood, concrete, rocks, brick, sand and other wastes from building operations.
YARD
An open space on the same lot which contains a building and is located between the building line and the lot line which the particular building line faces.
The provisions of this chapter shall supplement all local laws, ordinances, codes or regulations existing in the Village of Lowville and the other statutes and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this chapter is found to be in conflict with any provision of any existing local law, ordinance or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.
A. 
Surface or subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural, safety or health hazard by reason of construction, maintenance or manner of discharge.
B. 
Fences and other minor construction shall be maintained in a safe and substantial condition. This section shall not apply to fences used strictly for agricultural purposes.
C. 
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled and necessary repairs or replacement carried out.
D. 
Yards and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
No outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time, and all such garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings, on the premises or in an acceptable enclosure, and shall be regularly collected and removed from the premises.
A. 
Grounds, building and structures within the Village of Lowville shall be maintained free of insects, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice.
B. 
Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
A. 
Residential and business premises within the Village of Lowville, whether improved or vacant, shall be maintained free of litter; provided, however, that this section shall not prohibit the storage of litter for a reasonable period of time in authorized private receptacles for collections.
B. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling, disposal of garbage and refuse in accordance with the provision of applicable codes.
C. 
It shall be unlawful for any person to throw, spill, place, deposit, leave or cause to be thrown, spilled, placed, deposited or left, or permit any agent, servant or employee to throw, spill, place, deposit or leave in or upon any street, highway, alley, sidewalk, park or public building or in any running water or body of water within the Village of Lowville any garbage, refuse, rubbish and waste material or litter or filth, including, but not limited to, sewage, excrement, slops, dead carcasses, compost, ashes, soot or any material subject to be carried by the wind or unwholesome or putrescible matter of any kind.
A. 
It shall be unlawful for any person, as owner, occupant, lessee, agent or in any capacity, to store, deposit, place maintain or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discharged, wholly or partially dismantled or unlicensed motor vehicles or vehicle, motorized equipment, appliance, rubbish or debris as defined in this chapter upon private property within the corporate limits of the Village of Lowville.
B. 
No appliance may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking device and all doors.
[Amended 9-21-2022 by L.L. No. 6-2022]
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 yard or any part thereof in the Village of Lowville to permit or maintain on any such street, road, highway or alley adjacent to the same between the property line and the curb or middle of the alley or for 10 feet outside the property line if there is no curb any growth of weeds, grass or other rank vegetation to a greater height than 10 inches on the average or any accumulation of dead weeds, grass or brush. If the owner or occupant above mentioned shall fail to maintain the weeds, grass or brush after having been notified of the condition and having been demanded by the Village to correct the condition, the owner will have 10 days to correct the condition after notification, and if not done the Village may provide for the for the mowing or clearing of weeds and brush at the expense of the owner of such premises, and such charge shall become a lien on the premises benefited thereby and shall be collected on the next tax bill for the premises or as provided by law.
A. 
It shall be unlawful for any person, as owner, lessee, agent, tenant or otherwise, to throw, cast, spill or otherwise deposit or cause or permit to be thrown, cast, spilled or deposited any litter, rubbish and refuse, garbage, manure, offal or other decomposable organic or putrescible matter in or about any land or lot, vacant or otherwise, within the village limit.
B. 
Nothing in this section shall be construed to prohibit the temporary storage of garbage, refuse and waste material awaiting removal, provided that such storage is accomplished by way of tightly covered containers or cans wherever practicable; nor shall this section be construed as prohibiting the depositing of manure or fertilizers upon any private property for the purpose of cultivating or improving the same; nor shall this section be construed as prohibiting composting or compost piles, provided such is properly conducted.
A. 
An occupant or tenant of the premises shall be responsible for compliance with this chapter as if they were an owner.
B. 
Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor, regardless of the fact that this chapter may also place certain responsibilities on tenants or occupants and regardless of any agreements between owners and tenants or occupants as to which party shall assume such responsibility.
C. 
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the village as executor, administrator, trustee, guardian operator or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this chapter and shall be bound to comply with all the provisions of this chapter to the same extent as the record owner; and notice to any such person of any order or decision of the Code Enforcement Official shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this chapter.
A. 
The Code Enforcement Official of the Village of Lowville, as designated by the Village Board of such village, shall have authority, as specified herein, to inspect all premises within the village to enforce the provisions of this chapter.
B. 
Whenever it shall appear that the provisions of this chapter are being violated, the Code Enforcement Official shall, except upon plain view where no entry is necessary, secure approval from an owner, lessee, agent, tenant or other person with authority, to make an inspection of the property and shall prepare a written report of the condition found.
A. 
If the condition existing on property violates the provisions of this chapter, the Code Enforcement Official shall serve or cause to be served a written notice, by certified mail or personal service, upon the owner, lessee, agent, tenant or other person with authority over said premises.
B. 
Said notice shall contain substantially the following: the name of the owner, lessee, agent, tenant or other person with authority over the premises; the identification of the premises as the same appears on the current assessment roll of the village; a statement of the condition of the premises as found on the inspection; a demand to maintain property and/or that the motor vehicle, motorized equipment, litter, appliance, rubbish, refuse or debris be removed from the premises on or before five days after the mailing or service of such notice.
C. 
Upon the failure of the owner, lessee, agent, tenant or other person with authority over the premises to correct the violation after receipt of the five-day notice, the Code Enforcement Official shall file a complaint with the Village of Lowville Justice Court. In addition to the above provided penalties, the Village Board may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any section of this chapter.
D. 
In addition to any other remedies available to the Village under this chapter, the Village Board of Trustees may send a notice by certified mail, return receipt requested, to the alleged violator, requiring him or her to appear before the Village Board at a fact-finding hearing, which fact-finding hearing shall be scheduled no earlier than 10 days after the date of such mailing. Following such fact-finding hearing, the Board of Trustees shall determine whether a violation of Chapter 140 of the Code does exist on the property. If so established, the Board of Trustees at that time may issue an order to enter the property at issue and perform necessary remediation work and to charge all costs and expenses so incurred back to the property owner as a special assessment against such property and to add such sum on to the next Village tax bill if unpaid by the owner.
[Added 9-15-2004 by L.L. No. 3-2004]
[Amended 11-18-1997 by L.L. No. 7-1997]
Every person convicted of violating this chapter shall, upon conviction thereof, be punished by a fine of not more than $250 or imprisonment not to exceed 15 days, or both.